Govt contempt for LGBT court rulings 'an insult to democracy'

While much of the world, including neighbouring South Africa, marks Pride Month in June with street parades and public festivals, many LGBTQ+ Namibians say fear of discrimination, family rejection and social hostility still limits how openly they can express themselves.

Activists this month warned that despite landmark court rulings slowly dismantling anti-gay laws, many in the community continue to face harassment, bigotry and hate.

Patrick Reissner, co-founder of Equal Namibia, said the community has "zero judicial recourse" against the discrimination it faces daily.

"We have no protection under Namibian law, no hate speech bill, no recognition of same-sex partnerships, no gender marker rights," he added.

Reissner also expressed concern over what he described as attempts to undermine progressive court decisions.

"The government's pattern of choosing to ignore court rulings is deeply alarming and an insult to our democracy," he said.

Youth activist and Sister Namibia Trust board member Buitumelo Mushendami said the experiences of LGBTQ+ Namibians cannot be separated from Namibia's colonial history.

"The impacts of colonial violence and divide-and-rule tactics continue, and LGBTQIA+ persons continue to navigate ways to live through and despite it," Mushendami said.

She argued that while significant constitutional gains have been made, some political leaders continue to promote exclusion.

Citing a 2021 survey, Mushendami said more than 70% of Namibians indicated they would tolerate an LGBTQ+ neighbour.

"Acceptance exists among ordinary Namibians; however, some government officials insist on division, exclusion and the promotion of inequality," she argued.

Legal gains

A May 2023 Supreme Court ruling required Namibia to recognise same-sex marriages legally concluded abroad for immigration purposes, and in June 2024 the High Court declared the common law crimes of sodomy and "unnatural sexual offences" unconstitutional.

The matter remains before the Supreme Court following a government appeal.

But, despite court rulings slowly chipping away at laws historically used to discriminate against the LGBTQ+ community, Southern Africa Litigation Centre (SALC) programmes officer Daniel Digashu told Namibian Sun last week that although court victories matter, “they do not automatically translate into social and systemic change".

He said the minority group still frequently encounters discrimination through interactions with landlords, healthcare workers, police officers, taxi operators and other service providers.

"Even when criminalisation falls away, violence, hate speech, harassment and discriminatory practices remain."

Mushendami nevertheless described the recent legal victories as significant milestones for equality.

She added that advocacy efforts during this year's Pride Month include documenting attacks on equality and reporting these through international human rights mechanisms.

The brutal 2024 murder of transgender woman Sexy Fredericks remains a painful reminder of the violence many members of the community continue to fear, Mushendami noted.

Why bother?

For Deyoncé Naris, interim national coordinator of the Transgender, Intersex and Androgynous Movement of Namibia (TIAMON), participation in Pride activities is also shaped by broader social and economic realities.

"Urban youth are generally more involved than rural youth, but even in urban areas socio-economic and cultural factors affect participation," Naris said.

"'What use are my rights when we don't have food or jobs?' is a question many young people ask. There is work needed to address youth apathy while taking social, political, cultural and economic realities into account."

Despite ongoing challenges, activists say the return of a full Pride Month programme, featuring seven community-led events, demonstrates growing resilience and visibility within the community.

"The pursuit of peace and equality is still alive," Mushendami said.

"A luta continua – the struggle continues."