On 4 May last year in Geneva, Switzerland, minister of justice and labour relations Wise Immanuel asked United Nations (UN) member states to observe a moment of silence for those who lost their lives in the Cassinga Massacre.
In honouring the victims, the minister noted that Namibia’s commitment to human rights is rooted in a history marked by injustice, which guides our resolve to uphold dignity, equality and justice for all.
These stirring words were expressed at the start of Namibia’s participation in the Universal Periodic Review (UPR), where each UN member state has its human rights record reviewed by peer countries.
Namibia was rightly commended for significant progress, including the High Court decision decriminalising same-sex sexual relations, the adoption of a universal healthcare coverage policy, and measures taken to strengthen the rights of people with disabilities.
However, this praise was tempered by serious concerns. Peer countries highlighted Namibia’s persistently high rates of gender-based violence, the undermining of the separation of powers regarding the Supreme Court, and the continued lack of legal protection for lesbian, gay, bisexual, transgender, questioning/queer, intersex and others (LGBTQI+) people.
Several nations raised rule of law concerns regarding the legislature and the executive’s decision to undermine the Supreme Court by passing the Marriage Act and the Civil Registration and Identification Act in December 2024.
The minister’s response to these concerns was disappointing and perplexing. It was a stark contradiction to his earlier statement that Namibia’s history compels a commitment to ensuring dignity and equality for all.
Rather than directly addressing very real concerns about high levels of gender-based violence, youth unemployment, and discrimination, the minister instead focused on a red herring: the need for broad public consultation before LGBTQI+ people can be granted the right to live free of fear.
This response is concerning for two reasons: First, human rights are not a popularity contest. No person in Namibia should live in fear of violence or discrimination. Data shows that 93% of LGBTQI+ respondents have experienced physical violence, and 82% of LGBTQI+ individuals have faced online hate speech, which has been linked to brutal murders.
Second, the government had the opportunity to conduct public consultation and chose not to. Instead, it bypassed public dialogue when passing the Marriage and Civil Registration and Identification Acts.
We ask that our country live up to its own human rights commitments to all its people.
– Positive Vibes Foundation
