Namibian authorities must ensure the safety of LGBTI persons in the country before, during and after the expected 21 June ruling in a case challenging colonial-era “sodomy” and “unnatural offences” laws which criminalize same-sex sexual conduct, Amnesty International said.
Amnesty International also called on authorities to protect LGBTI persons from harassment, violence or discrimination based on sexual orientation or gender identity. LGBTI groups and individuals must be able to assemble and associate without fear of intimidation, discrimination or attacks.
“In recent weeks, Amnesty International has observed alarming rhetoric threatening LGBTI persons in Namibia,” said Khanyo Farise, Amnesty International’s Deputy Regional Director for East and Southern Africa.
“This disturbing pattern echoes the aftermath of another case last year concerning the rights of LGBTI individuals, which led to a notable surge in discrimination and hostile rhetoric against them in Namibia.”
This disturbing pattern echoes the aftermath of another case last year concerning the rights of LGBTI individuals, which led to a notable surge in discrimination and hostile rhetoric against them in Namibia
Khanyo Farise, Amnesty International Deputy Regional Director for East and Southern Africa
“Whatever the outcome of the High Court decision on 21 June, violence and discrimination against LGBTI people has no place in Namibian society. Authorities should take decisive action to prevent human rights violations against LGBTI persons and hold perpetrators accountable.”
Background
On 21 June Namibia’s High Court will decide a case filed by LGBTI activist Friedel Dausab challenging the constitutionality of the laws criminalizing same-sex sexual conduct and petitioning the court to nullify all previous convictions under them.
Namibia has experienced a fierce anti-LGBTI backlash in the past year, primarily driven by faith and religious leaders, following a May 2023 Supreme Court decision recognizing same-sex unions performed abroad.
Namibia’s parliament responded by passing two bills restricting the right to marriage equality for LGBTI people in June 2023. The bills seek to define marriage as a union between a man and a woman, discriminate against trans people and criminalize any support, celebration or promotion of same-sex unions with up to six years in jail and hefty fines.
Further, reports from Namibian activists suggest police have not permitted the same freedom of assembly for LGBTI groups as for religious gatherings. Amnesty International has also received distressing accounts of violent cyber-attacks and a wave in online harassment against LGBTI people, as well as frequent targeting and scapegoating by politicians before November 2024 elections.