Namibia’s upper house of parliament has passed a contentious law that bans same-sex marriage and criminalizes its supporters, creating uproar within the LGBTQ community, that view it as an unconstitutional assault on their rights.
The legislation is aimed at challenging a previous ruling of the Supreme Court which permitted the recognition of certain foreign unions. The previous ruling encountered no opposition during its passage. Meanwhile, for the law to be effective, it must be endorsed by the lower house and must be promulgated by President Hage Geingob.
During the parliamentary session, Elder Filipe, a member of the ruling SWAPO party, declared his support for the measure, asserting: “The marital union is between a man and a woman, and that must be respected.”
The text of the new law defines “marriage” as a union “between persons of opposite sexes” and “spouse” as “half of a legal union between two persons born genetically male and female.” Furthermore, it clearly states that marriages between same-sex couples conducted abroad will not be recognized in Namibia.
However, the most controversial aspect of the legislation rests in the severe penalties it imposes on individuals involved in same-sex marriages. Anyone found guilty of solemnizing, participating in, promoting, or advertising same-sex unions could face up to six years jail term and a fine of up to 100,000 Namibian dollars ($5,500).
For the LGBTQ rights community, this law is a direct attack on their dignity and humanity. Zindri Swartz, a famous LGBTQ rights activist, expressed her concern, and said: “It is a gross violation of our dignity and humanity.”
Already, Namibia has an archaic 1927 sodomy law that prohibits sex between homosexuals, but it is rarely enforced. Despite this, the country has fought many legal battles in recent years regarding the rights of same-sex couples to marry, become parents, and immigrate.
The Supreme Court in May ruled that same-sex marriages between Namibian citizens and foreigners performed overseas should be recognized. This ruling has sparked a backlash from conservative circles in the country, which is majorly Christian and known for its captivating wildlife and natural attractions, making it a famous tourist destination.
As citizens await endorsement and final approval of the new law, it remains a matter of great concern for the LGBTQ community and their supporters, that fear their rights are being infringed upon in the name of tradition and conservative values. The debate over same-sex rights in Namibia is far from over, and it continues to generate both domestic and international attention.
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