Bucking the current regional trend, Namibia’s High Court has rewarded civil society’s long-term LGBTQI+ activism by overturning a colonial-era law that criminalised gay sex. While the ban was rarely enforced, it enabled discrimination and violence, particularly by the police, and prevented LGBTQI+ people accessing healthcare. The court found that the law was discriminatory under Namibia’s constitution. Namibia is one of Africa’s most tolerant countries towards LGBTQI+ people, but a recent conservative backlash, including to define marriage as exclusively heterosexual, has enabled a rise in hate crimes.
How did LGBTQI+ activists campaign for decriminalisation?
The campaign for decriminalisation was driven by the sustained efforts of local and international LGBTQI+ advocacy groups. Activists such as Friedel Dausab, supported by organisations such as the Human Dignity Trust, played a crucial role in challenging colonial-era sodomy laws.
The campaign involved legal challenges, public awareness initiatives and the use of international human rights frameworks to highlight the discriminatory nature of the laws. Organisations such as Equal Namibia, for instance, used social media and public demonstrations to win support and raise awareness.
This is why the recent High Court ruling was a significant victory for civil society, and particularly for Namibian LGBTQI+ activists.
What impact do you expect decriminalisation to have on the lives of LGBTQI+ people?
Decriminalisation is expected to have a profound positive impact on the daily lives of Namibian LGBTQI+ people. First and foremost, it removes the stigma associated with same-sex relationships, allowing people to live more openly without fear of legal repercussions. This change is likely to reduce instances of discrimination and harassment in various areas of life, including healthcare, public spaces and the workplace. It also paves the way for greater social acceptance, contributing to better mental health and wellbeing for LGBTQI+ people. Last but not least, it can provide the foundation for the development of more inclusive policies.
Do you foresee any backlash or implementation challenges?
There may be anti-rights reactions and implementation challenges. The opposition to decriminalisation expressed by some politicians and religious extremist groups shows there’s potential for backlash. There’s also the possibility the government will appeal to the Supreme Court. It may also try to introduce laws or policies that undermine the ruling or limit its impact.
In addition, social attitudes won’t change instantly, so discrimination and resistances will continue. It will require continued advocacy and community education to ensure the effective implementation of the ruling.
It’s also important to note that the Marriage Amendment Private Members’ Bill is awaiting the president’s assent or veto. If passed, the bill will amend the 1961 Marriage Act to explicitly prohibit same-sex marriage, the solemnisation of same-sex marriages and the official recognition of same-sex marriages in Namibia. It could also prohibit advocacy for LGBTQI+ rights in Namibia. This would have an immense negative impact.
What challenges do Namibian LGBTQI+ people still face?
Despite decriminalisation, LGBTQI+ people in Namibia continue to face challenges such as social stigma, discrimination and violence. We have witnessed several attacks on and killings of LGBTQI+ people in recent months, fuelled by hate speech encouraged by some politicians and religious leaders. Access to healthcare, particularly for transgender people, also remains a significant issue.
That’s why, after decriminalisation, the Namibian LGBTQI+ movement is likely to focus on pushing for comprehensive anti-discrimination legislation, improving access to health services and ensuring legal protections are effectively enforced. In addition, the movement will continue to work towards greater social acceptance and addressing the root causes of homophobia and transphobia in society.
What are the wider regional implications of decriminalisation in Namibia?
Decriminalisation in Namibia has significant regional implications as it sets a positive precedent for other African countries where same-sex relations are still criminalised. It shows that legal challenges based on constitutional rights can be effective. This ruling can inspire and encourage activists in other countries to pursue similar legal actions, and serves as an example of the progress that can be made through persistent advocacy and international support.
For countries experiencing backsliding, Namibia’s experience highlights the importance of robust legal frameworks, active civil society engagement and international solidarity in advancing LGBTQI+ rights.