'Bigots won't stop us': LGBTQ+ Namibians resilient ahead of appeal

People hold banners in support of LGBTQ rights outside the high court which made a landmark ruling in favour of LGBTQ communities in Windhoek, Namibia, June 21, 2024 REUTERS/Opas Onucheyo

People hold banners in support of LGBTQ rights outside the high court which made a landmark ruling in favour of LGBTQ communities in Windhoek, Namibia, June 21, 2024 REUTERS/Opas Onucheyo

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Namibia is appealing a landmark ruling decriminalising same-sex relations, but the man who brought the case has hope.

  • Namibia decriminalised same-sex relations a year ago
  • Government has appealed landmark ruling
  • Leading activist sees backlash against LGBTQ+ communities

LONDON - Since the decriminalisation of same-sex relations in Namibia, the man who brought the case says he is hopeful the Supreme Court will uphold the landmark decision when it rules on a government appeal.

But activist Friedel Dausab decried what he described as a backlash against LGBTQ+ communities in the southern African country in the year since he won his case at the High Court.

"We've seen a rise of hate crimes on the internet, especially on social media. We've [seen] lots of evictions, especially of young people and trans people, and we continue to see the silence from our government," Dausab said.

"Every victory, every progress comes with backlash, and we need to be prepared for it," he told Context during a recent Pride event in London.

In June last year, Namibia's High Court ruled that a colonial-era law against sodomy and "unnatural sexual offences" was unconstitutional.

The following month, the government lodged an appeal, asking the court to clarify whether a constitutional ban on discrimination based on sex includes sexual orientation.

If the Supreme Court rules yes, the High Court ruling would be upheld. No decision date has been set.

"We hope the Supreme Court underlines that the constitution protects every single human being in Namibia, despite their sexual orientation or gender identity, and that cannot be reversed," said Dausab, a global LGBTI+ rights commissioner for the Kaleidoscope Trust, a Britain-based international rights charity.

"It would mean the government has to act on making sure every other law that discriminates against LGBTQ+ people gets removed, and social instruments of violence, hatred and discrimination get dismantled."

Along with the government's appeal, there have been other setbacks for the nation's LGBTQ+ community.

In January, then president Nangolo Mbumba enacted the Marriage Act, which defines a marriage as only being between two persons of the opposite sex.

Under the act, officials who preside over same-sex unions could face prison sentences of up to two years.

Mbumba vetoed two anti-LGBTQ+ bills before leaving office in March, one of which would have criminalised "promoting" same-sex marriage in the country.  

But many LGBTQ+ Namibians say they are still fighting to access basic services, live in safety or enjoy the same benefits accorded to heterosexual couples.

Further change 

Namibia is one of the most progressive countries for LGBTQ+ rights in Africa, where more than 30 nations currently criminalise same-sex activity.

But the long-standing sodomy laws - while rarely enforced - limited access to health care and underscored the lack of protection for LGBTQ+ people against discrimination in areas like employment and domestic violence, where a same-sex couple is not considered to be a domestic relationship.

LGBTQ+ people also have no recognition as a family and are not protected against hate speech or harassment.

Campaigners from rights group Equal Namibia submitted proposals for legal reforms, including the introduction of marriage equality and legal gender recognition based on self-determination, to the Justice Ministry this year.

Dausab believes his two-year legal battle and his court victory paved the way for other reforms.

"The sword that was hanging over the heads of so many gay men and trans women has been removed through decriminalisation," he said.

"Homophobes no longer have a crutch. Bigots no longer have tools in our legal system and our law that they can use to crush us."

Equal Namibia participants marching at the Namibian Pride Parade, where the call for the decriminalisation of the Apartheid-era sodomy law was a focal point at the march in Windhoek

Equal Namibia participants marching at the Namibian Pride Parade, where the call for the decriminalisation of the Apartheid-era sodomy law was a focal point at the march in Windhoek, November 2021. Omar van Reenen/Handout via Thomson Reuters Foundation

Equal Namibia participants marching at the Namibian Pride Parade, where the call for the decriminalisation of the Apartheid-era sodomy law was a focal point at the march in Windhoek, November 2021. Omar van Reenen/Handout via Thomson Reuters Foundation

Resilience in the face of backlash

The community still faces threats. Last year Namibia had a wave of LGBTQ+ crimes, including the murder of Sexy Fredericks, a 30-year-old trans woman killed in May.

Her death is not being prosecuted as a hate crime, due to the lack of legislation addressing murders motivated by sexual orientation or gender identity, Dausab said.

Namibia's civil society, including LGBTQ+ organisations, has been hit hard by cuts to foreign aid from the United States.

The country also lost funding from the U.S. President's Emergency Plan for AIDS Relief (PEPFAR), with Donald Trump's administration limiting access for at-risk groups including gay men and trans women earlier this year.

Despite the struggles, the LGBTQ+ community is thriving, particularly in the capital city of Windhoek, Dausab said.

"You can actually see the resilience of the communities. You can see young people who are able to assert themselves and say, 'This is who I am, and I am protected by the law,'" Dausab said.

"We do try to find resilience in even the backlash. We have fought hatred for such a long time, and we will not stop because of the bigots."

(Reporting by Lucy Middleton; Editing by Ellen Wulfhorst.)


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