MEDIA CONFERENCE BY THE HON. JOEL KAAPANDA,
MINISTER OF INFORMATION AND COMMUNICATION TECHNOLOGY,
ON THE 41 REFUGEES AND ASYLUM SEEKERS AT THE TRANS KALAHARI BORDER POST,
WINDHOEK,
FRIDAY, 24 JULY 2009

The Government of the Republic of Namibia learned with shock and dismay that 41 refugees and asylum seekers assisted by the Director of National Society for Human Rights (NSHR) Mr. Phil ya Nangolo crossed the border at Trans Kalahari Border Post on 07 July 2009 without legal documents.
The reason for their illegal departure, according to Mr. Phil ya Nangolo, was that they fear for their lives because of the threat made against them by the Government of the Republic of Namibia. This was an unfortunate and ill conceived strategy used by the refugees and asylum seekers in the hope that they will be resettled better elsewhere in Europe or America. In turn, this perfectly fit in with the sinister plans of Mr. Phil ya Nangolo to discredit the image of the Government of the Republic of Namibia and the country at large.
First and foremost, the Government of the Republic of Namibia wants to make it categorically clear that the departure of the refugees and asylum seekers from the Namibian soil without relevant travelling documents violated section 21 (b) of the Refugee (Recognition and Control Act), Act 2 of 1999 which stipulates that all refugees and asylum seekers residing in Namibia are obliged to first seek for a permission which is normally granted for them to visit any part of the country for a prescribed period.
Apart from violating the provision of section 21 (b) of the Refugee (Recognition and Control Act), Act 2 of 1999, it is also on record that they have violated the Departure from Namibia Regulation Amendment Act, Act 4 of 1993 which requires their passports to be endorsed with departure stamp by the Immigration authorities. In other words, these refugees have violated both their refugee status and immigration law of our country.
Having absconded from Namibia under escort of Mr. Phil ya Nangolo, the refugees and asylum seekers have abused the hospitality of Namibia extended to them for their safety and security.
Since Namibia has acceded to and ratified the 1951 UN Convention, its 1967 protocol and indeed the 1969 OAU Convention and being conscious of our international mandate in honouring the provisions of those conventions, the Government through article 97 of the Namibian Constitution is committed to protect the refugees and asylum seekers hosted in our country.
There are more than 8 000 refugees and asylum seekers currently living at Osire refugee settlement, the majority of whom are from Angola and DRC.
Currently, the 41 refugees and asylum seekers are residing on the no-man’s-land between Namibia and Botswana. However, the Government of the Republic of Namibia has decided not to be involved in any form of humanitarian assistance to such refugees and asylum seekers who are residing outside our borders.
Since the 41 refugees and asylum seekers left the country under the pretext of alleged threat and intimidation by the Government of the Republic of Namibia, the Government as the host lost all trust and confidence in them and will never allow them to return back to Namibia.
Furthermore, we would like to inform the public that the Government of the Republic of Namibia has no role in the dramatic departure of the refugees and asylum seekers from Osire Refugee Settlement to cross the border without legal documents.
Their departure has been organized by Mr. Phil ya Nangolo and has to answer all questions pertaining to the conditions of refugees and asylum seekers at their current living place.
So far, the Government of the Republic of Namibia has provided refugees at Osire Refugee Settlement with the following:
a)Education: A school has been established from pre-primary up to secondary school. Students that have completed secondary school in Osire are provided with study permits to further their education at other institutions of higher learning in the country. In this context, more than 100 study permits and more than 100 work permits to skillfully recognized refugees were issued for study and employment in the government, private sectors and self employment were issued.
b)Health: A Health Centre has been established where all Osire residents and those in the surroundings are receiving medical care including ARV treatment for those who are infected with HIV without any payment. It is also important to mention that those who may require further treatment are always transferred to the referral hospitals.
c)Registration and verification exercises: We have registered all refugees and asylum seekers in the country. All recognized refugees were issued with refugee identity card and asylum seekers with a certificate to identify themselves from illegal immigrants.

Namibia is one of the countries that have a transparent system of registration and processing of refugee status. We have a Namibian Refugee Status Determination Committee, a statutory body which consists of various Governmental and non-Governmental institutions that are responsible for considering asylum seeker’s applications for refugee status. Not only that, we also have an independent statutory body known as Namibia Appeal Board Committee, which has the mandate to look into rejected cases towards refugee status.

The Government of the Republic of Namibia wishes to assure the public that despite instigations from institutions such as NSHR, we remain focused and committed to ensure that all refugees and asylum seekers currently hosted in this country are treated with the respect they deserve and their rights guaranteed as provided for in Chapter 3 of the Constitution of the Republic of Namibia and shall be adhered to without compromising the security of this country. It should be taken into account that article 2 of the 1951 Geneva Convention and the 1969 OAU Convention require that every refugee should respect the domestic laws and regulations of the country in which they are hosted.

Finally, let me assure the entire nation at large and the refugees and asylum seekers hosted in this country that there were no incidents of threat against the refugees and asylum seekers as claimed by Mr. ya Nangolo in the media. Despite the limited financial and material resources, the Government of the Republic of Namibia will continue to provide protection and care services to all refugees and asylum seekers in Namibia.