Diergaardt v. Namibia
J.G.A. Diergaardt (late Captain of the Rehoboth Baster Community) et al. v. Namibia (No. 760/1997) (2000) was a case decided by the United Nations Human Rights Committee.
Complaints
Representatives of the Rehoboth Baster Community filed an official complaint over alleged violations of Articles 1 (right to self-determination), 14 (equality before the courts), 17 (privacy), 25 (right to participate in public life), 26 (ban of discrimination) and 27 (minority rights) under the International Covenant on Civil and Political Rights (ICCPR), in effect since 1976.
Committee's views
The committee found that it has no competence over alleged violations of Article 1, and that no violations of Articles 14, 17, 25 and 27 were shown by the facts before it.
Concerning article 26, the committee did find violations, holding that
Members Abdalfattah Amor, Nisuke Ando, P. N. Bhagwati, Lord Colville, Maxwell Yalden and Rajsoomer Lallah filed four dissenting opinions on Article 26; members Elizabeth Evatt, Eckart Klein, David Kretzmer, Cecilia Medina Quiroga and Martin Scheinin filed two concurring opinions on the same issue. Elizabeth Evatt and Cecilia Medina Quiroga filed a concurring opinion on Article 27.