Repealing sodomy law not my personal campaign – Dausab

STAFF REPORTER

WINDHOEK

Justice minister Yvonne Dausab says the decision to try and repeal the country’s sodomy law is not her personal campaign – as alleged by some in recent weeks - and that the Executive will have to make the final decision as a collective.

According to Dausab, homosexuality is not illegal in Namibia and people must have a choice to decide who they love. Policing this, she warned, infringes upon the fundamental rights to dignity and privacy of individuals.

Dausab recently received two pivotal reports compiled by the Law Reform and Development Committee (LRDC), proposing the abolishment of 34 obsolete laws, including the law criminalising sex between consenting adult men.

The second report, recommending the repeal of Namibia’s controversial common law offences of sodomy and unnatural sexual offences concludes that “the existence of the crimes of sodomy and unnatural sexual offences amounts to unconstitutional discrimination.”

Dausab is expected to submit the two reports to cabinet for consideration.

Nothing personal

Speaking to Namibian Sun on assertions that she had personal interest in having these laws scrapped, the minister said: “This is not personal. Let's keep my private life out of this.

“I have not before been driven by personal and self-interest. I have undertaken to submit the proposal from the LRDC to Cabinet. I have an obligation as minister of justice to submit to Cabinet for their consideration any issue that is brought to my attention by any member of our society,” she said.

Dausab’s comrades in the Swapo Party Youth League (SPYL) condemned attempts to have such laws abolished, saying the cabinet and parliament must rather occupy themselves with bread-and-butter issues such as escalating levels of unemployment.

The league called homosexuality “satanic and demonic”.

To this, Dausab said: “The kind of disparaging and dehumanising language that has been used by members of the Namibian human family is not protecting the gains of our long and bitter struggle. It is a betrayal of the blood that waters our freedom.”

The LRDC, for which Dausab was chairperson prior to becoming justice minister last year, also warned that because of the sodomy law, condoms are not distributed at prisons and has contributed to wider discrimination and stigmatisation of gay men and the wider LGBTQ community.

Constitutional rights

Dausab dismissed claims that other issues are not addressed because this law enjoys priority, and that as a collective government continues to services the Namibian people.

“Namibia is anchored on the rule of law and is a constitutional democracy. All Namibians regardless of their sexual orientation are entitled to life, liberty and the pursuit of happiness.

“It is denying the existence and life of human beings simply because of the choice of their love. These are families, fathers, mothers, siblings, friends, uncles and our children.

“Because of these attitudes towards a segment of our populace, our people hide, live in fear, suffer mental health issues, sometimes leading to suicide,” she said.

She added that the members of the LGBTIQ community are subjected to ridicule and violence and are also not being protected under the Domestic Violence Act.

“These individuals are fully functional members of our society. They do shopping, they are teachers, lecturers, taxpayers, card-carrying members of political parties, these are voters.

“The LGBTQI community are human beings and the constitution which is designed to protect the minority must do so adequately. It's not about our emotions and religious beliefs. Namibia is a secular state and we cannot impose our personal and religious choices on others. It's about rights, responsibility and humanity.”