Namibia resists LGBTQ reform pressure at UN review

Namibia has firmly pushed back against international calls to expand legal protections for LGBTQ individuals, with Minister of Justice and Labour Relations Wise Immanuel defending the country’s position during its appearance before the universal periodic review in Geneva.

Namibia is among 15 countries undergoing scrutiny at the 52nd session of the review, where delegations from Belgium, United Kingdom, Austria and Australia urged the country to strengthen protections for the LGBTQ community.

The recommendations included adopting comprehensive anti-discrimination legislation covering sexual orientation and gender identity, improving reporting mechanisms and public data collection, and amending laws considered discriminatory. Austria in particular called for revisions to several statutes, including the Labour Act, the Combating Domestic Violence Act, the Combating of Rape Act, the Marriage Act No. 14 of 2024 and the Civil Registration and Identification Act.

Australia further urged Namibia to implement a 2024 High Court ruling that decriminalised same-sex relations and to enact legislation explicitly prohibiting discrimination based on sexual orientation.

However, Immanuel rejected the premise underpinning these recommendations, arguing that international human rights law does not mandate recognition of same-sex marriage or LGBTQ rights in the manner suggested.

“There is neither a universally recognised fundamental right to same-sex marriage or LGBTQ, nor do international human rights instruments under the auspices of the UN confer such a right,” he said.

He characterised the push for reform as externally driven, warning against what he described as attempts by a minority of nations to impose their policy preferences on others.

“This phenomenon is just a policy of a few nations who want to impose it on others, with no regard to individual countries’ sovereignty and respective societal value compasses,” Immanuel said.

“In the African context, the practice has been intolerable since time immemorial, and the African states that are still upright stand diametrically opposite to this.”

While acknowledging the importance of rights such as dignity, equality and non-discrimination, Immanuel argued that these could be realised without fundamentally altering Namibia’s legal and cultural framework.

“The rights to dignity, equality and non-discrimination behind which the pro-LGBTQ states are hiding can be realised in other means, without eroding the societal values,” he said.

He stressed that Namibia’s approach to the issue must be understood within the context of its constitutional democracy, where law-making is rooted in public consultation and reflects the will of the people.

“The ongoing debate highlights an existing tension between international human rights expectations and democratic governance,” he said.

“In a constitutional democracy like Namibia, the law-making process is consultative, involving citizens, who may express their views on whether or not any law is warranted.”

He added that public opposition to proposed reforms must be respected, particularly where such initiatives are perceived to be externally influenced.

“Thus, if citizens express their views in opposition to any law or policy, that must be respected—even more so if such is foreign-driven,” Immanuel said.

He appealed to the international community to allow Namibia the space to navigate the issue independently.

“I therefore beg for the indulgence of the international community to allow Namibia to approach this issue in a manner that is in the best interest of its citizenry. This is the purest dictation of democracy,” he said.

“Importantly, the justification for the recognition of same-sex marriage or LGBTQ must be evaluated against the moral conviction, cultural context and societal value systems of Namibia, as opposed to being a diplomatic imposition.”

Immanuel also moved to clarify what he described as widespread misconceptions regarding Namibia’s 2024 Supreme Court ruling on same-sex unions.

“I wish to demystify the misconception that the Namibian Supreme Court has decriminalised same-sex marriage. This is not true,” he said.

“The 2024 judgment only held that same-sex marriages lawfully concluded outside Namibia be recognised in Namibia. This was for immigration and residency purposes.”

He emphasised that, under current law, same-sex marriages cannot be conducted in Namibia and are therefore not recognised domestically.

“As it stands, same-sex marriage cannot be performed under Namibian law, hence it is not recognised,” he said.

The minister further pointed to constitutional provisions and recent legislation as reinforcing this position.