Caprivi detainees’ trial

The last of the 379 witnesses in the Caprivi high treason trial gave testimony and the prosecution closed its case in the High Court on 7 February. The 111 men remaining on trial faced a total of 278 charges, including high treason, nine counts of murder and 240 charges of attempted murder in connection with an alleged conspiracy to secede the Caprivi region from Namibia between January 1992 and December 2002. After the closure of the prosecution’s case, one of the suspects, Rodwell Kasika Mukendwa, who was arrested on 26 August 1999, was acquitted on 10 August 2012.

Amnesty International considered that many of the Caprivi detainees were possible prisoners of conscience because they were arrested solely on the basis of their actual or perceived political views, ethnicity or membership of certain organizations. The group was being tried under what is known as the “common purpose” doctrine, which essentially relieves the prosecution of having to prove beyond a reasonable doubt that each participant committed conduct which contributed causally to the ultimate unlawful consequence. The doctrine shifts the burden of proof from the prosecution to the defendants and undermines the right to presumption of innocence.

Freedoms of association and assembly

The rights to freedom of peaceful assembly and of association were violated by the Namibian police and members of SWAPO.

• In October, seven teachers were arrested in Oshakati for demonstrating against poor working conditions. They were among some 300 teachers who went on strike demanding fair salaries and better working conditions as part of nationwide industrial action by the profession.

Prison conditions

Most prisons and detention centres remained overcrowded, with some holding more than twice the intended number. Windhoek Central Prison, which was designed to hold 912 inmates, contained approximately 2,000 inmates and pre-trial detainees. Similar conditions prevailed in Ondangwa, Swakopmund, Oshakati and Otjiwarango towns.

Violence against women and girls

Gender-based violence remained a serious concern. Many women were killed by their partners in domestic disputes.

• On 1 February, Fransina Ndinelago Amuteka died after being stabbed and having her throat slit by her boyfriend at Ondukutu village near Ondangwa.
• On 15 February, Melody Monde Mbololwa died after her boyfriend stabbed her nine times at Mavuluma Extension Two at Katima Mulilo in Caprivi region.
• On 19 July, Letitia Ndeshuulilwe Nghilongwa, a student, was shot dead by her boyfriend at Omulamba location in Omusati town.
• On 20 September, Tangi Nanguka Martin of Epuku village in Ohangwena region was killed by her husband.

Discrimination

In September, the UN Special Rapporteur on the rights of indigenous peoples visited Namibia, highlighting the continued marginalization of the country’s minorities. Children of the San and Ovahimba peoples, and other ethnic minorities, face numerous barriers preventing them from accessing education. This is particularly the case in Opuwo among the Ovahimba children, who are forced to cut their hair and to not wear traditional dress to attend public schools.