1 1MPA Harvard University, J.F. Kennedy School of Government, LLM New York University, School of Law, DEA Droit International, Université de Paris 1. Former staff of UNHCR. The author served as Senior Legal Officer in the Office of the UNHCR in Windhoek, Namibia, during the transition period. The views expressed herein are those of the author and in no way reflect those of UNHCR or the United Nations.
1 International Status of South-West Africa, Advisory Opinion, ICJ Reps. (1950). 2 See General Assembly Resolution 2145 (XXI), 27 October 1966.
3 On 12 June 1968, the General Assembly renamed Namibia the territory of South-West Africa. See Resolution 2372 (XXII). 4 See Security Council Resolution 284 (1970), 29 July 1970. 5 ICJ, Advisory Opinion, ICJ .Reps. (1971), at 58. 6 See Security Council Resolution 385 (1976), 30 January 1976. 7 See Security Council Resolution 435 (1978), 29 September 1978.
8 Agreement for Peace in South Western Africa, United States Department of State, Bureau of Public Affairs, Selected Documents, No. 32, December 1988. 9 There are two definitions of the word refugee. The 1951 Geneva Convention provides a subjective definition under which '[a refugee is a person who] owing to well founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear is unwilling to avail himself of the protection of that country'. While endorsing the aforementioned definition, the 1969 Organization of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa, under Article 1(2) adds an objective element. It stipulates that the term 'refugee' also applies to (a person who), owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality.
10 The 11 ethnic groups are Baster, Bushman, Damara, Caprivians, Coloured, Herero, Kavango, Nama, Ovambo, Tswana and White.
11 The Kenyan Battalion in Windhoek, the Finnish battalion in Grootfontein, and the Malaysian in Ondangwa.
12 People's Liberation Army of Namibia, the military wing of SWAPO.
13 Previously a South African sponsored counter insurgency unit which operated during the bush war in Northern Namibia and Southern Angola. Its name is associated with the killing, maiming and torture of innocent people as well as the havoc and desolation wrought in Northern Namibia.
14 United Nations Mission on Detainees, released by UNTAG, Windhoek, Namibia, 6 October 1989, at 9-11.