Amnesty International has called upon the Government of Namibia to ensure the safety of LGBTQ persons in anticipation of a significant High Court decision. The High Court is set to rule on June 21 in a case involving laws from the colonial era that criminalize same-sex conduct, specifically sodomy and unnatural offenses. This case, Dausab v Minister of Justice and Others, was initiated by activist Friedel Dausab and represented by advocate Gilbert Markus in June 2022. The verdict follows the closing arguments heard in October last year.
The upcoming decision comes a year after the Supreme Court of Namibia ruled in favor of recognizing foreign same-sex marriages in May 2023, a ruling that has seen a rise in homophobic incidents across the country. Notably, in June 2023, Namibia’s parliament passed legislation defining marriage as exclusively between a man and a woman, a move opposed by LGBTQ activists who have urged the president to veto it.
Amnesty International has observed an increase in violent cyber-attacks and online harassment targeting LGBTQ persons, primarily instigated by faith and religious leaders. In light of this, Amnesty has underscored the importance of protecting LGBTQ persons from harassment, violence, or discrimination based on sexual orientation or gender identity, stressing the need to prevent human rights violations as tensions escalate ahead of the court’s decision.
Khanyo Farise, Amnesty International’s Deputy Regional Director for East and Southern Africa, emphasized the gravity of the situation, stating, “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.”
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