Namibian police reject condoms in cells as rape cases surge: ‘We need laws, not condoms’

Police regional commanders say they will not allow the distribution of condoms in police holding cells as it would only encourage more rapes.

This comes after HIV-AIDS activists have called for the immediate availability of condoms in both prison and holding cells after The Namibian reported that 24 cases of sodomy or rape involving inmates have been recorded since 2023/24.

“I will not encourage the provision of condoms, but rather educate and inform them on the dangers of raping each other,” Omusati regional commander Ismael Basson says.

He says incidents of rape take place with and without condoms.

Oshana deputy commissioner Fredrick Ndjadila says until the law is “in working order”, he cannot accept the provision of condoms in cells.

“In the absence of the law, we stand on the current protocols in place,” he says.

He urges inmates to refrain from “such acts”, adding they run the risk of contracting HIV-AIDS and sexually transmitted infections (STIs).

Kunene regional commander Eric Clay says he does not encourage providing condoms in holding cells either.

“No cases like that [of rape] have been brought to my attention in my region,” he says.

Minister of home affairs, immigration, safety and security Lucia Iipumbu announced the statistics on rape cases in holding cells in the National Assembly on Thursday.

Namibian Correctional Service (NCS) commissioner general Raphael Hamunyela yesterday declined to comment on the matter.

“I said what I said already on that matter and I have nothing to say. I am just an implementer. This issue has nothing to do with me,” he said.

In the past, Hamunyela told Desert Radio that dispensing condoms at correctional facilities would send out a message that inmates are “being sodomised or are sodomisers”.

LEGAL ROUTE

Lawyer Florian Beukes says inmates who fall victim to rape have the right to sue the ministry or police officers, or the police station were they were held at the time.

It depends, however, on the elements of delict, he says.

“One needs to look at the conduct: Was it intentional, was their conduct illegal, was it their fault in terms of negligence, you tried screaming and no police came to your rescue?

“Causation, and damage . . . did the person suffer actual harm or loss?” Beukes explains.

He says this is, however, hard to prove, and calls for preventive measures such as keeping people in holding cells for minor cases and not in back cells, where most rapes take place.

‘WRONG MESSAGE’

Swapo parliamentarian Sharonice Busch says when serving a sentence, the intention is to deny the inmate certain privileges.

“Allowing condoms in prisons would send a message of condoning the ongoing sodomy you made reference to.

“I do not think we should be supplying condoms to prisons, it contradicts the entire purpose of why we have such institutions and why criminals are sent there.

It’s to rehabilitate and see whether we can mainstream you back into society,” she says.

Independent Patriots for Change shadow minister of health and social services Lilani Brinckman says the starting point of discussion should be how unacceptable rape and sodomy are within holding cells, and not condoms.
“The reported cases are deeply disturbing.

Rape is a crime under the Namibian law, and it is a gross violation of human dignity and human rights. It cannot be normalised, managed, or treated as an expected condition of detention,” she says.

Brinckman says while the call aims to limit the spread of HIV and other infections, morally and legally, “people must be careful not to send the message that criminal sexual conduct in holding cells is something that is tolerated or accommodated”.

She believes providing condoms in that context risks creating the perception that such acts are inevitable or implicitly accepted.

Proper separation of detainees and improved monitoring should be prioritised, Brinckman says.

‘RAPE IS A REALITY’

Bernhard Kamatoto, a representative of People Living with HIV, strongly advocates for the distribution of condoms in prisons.

“The reality is that sexual activity does occur in prisons. In addition, rape and sexual violence are reported within correctional facilities.

“Whether consensual or forced, these situations place inmates at high risk of HIV and other sexually transmitted infections.
“Many individuals enter prison HIV-negative but are released HIV-positive.

This is a serious public health concern. Prisoners remain members of our communities, and what affects them inside prison ultimately affects society as a whole,” Kamatoto says.

He says providing condoms in prisons does not promote sexual activity but recognises the reality that sexual activity and sexual violence occur.

Kamatoto says denying access to preventive tools does not stop sexual activity; it only increases the risk of disease transmission.

“As leaders and policymakers, we must put human life and health first. Protecting prisoners’ health protects families, communities, and the nation,” he says.

Namibia Network of Aids Service executive director Sandie Tjaronda says access to health commodities, including condoms, should not be restricted based on individual prejudice and skewed judgement.

“Anyone of us may find ourselves in a correctional facility to correct a behaviour. We should dismantle these structural and legal barriers,” he says.

Tjaronda says it is a wake-up call and must be responded to urgently, considering that inmates eventually rejoin society.

“An infected inmate can spread the infection faster than wildfire. The time to act is now.”

OutRight Namibia director Agapitus Hausiku says the organisation is advocating for the provision of condoms in prisons as an evidence-based harm reduction measure to prevent the transmission of HIV and STIs.

He says the lack of condom access is seen as a violation of prisoners’ right to health, as they are often denied the means to protect themselves from high-risk behaviors.

“The Joint United Nations Programme on HIV-AIDS notes that where condom distribution has been implemented, it has not led to increased security risks, and no prison system has reversed the policy after initiating it,” Hausiku says.

‘SODOMY LAW HOLDING BACK HEALTH’

In 2017, former health minister Bernard Haufiku revealed that the ministry would sneak condoms into correctional facilities.

“We cannot let so many people die because we do not want to change laws.

Meanwhile, I have a target to save as many people, [namely to] reduce the infections by 75% by 2020,” he said at the time.

Yesterday, Haufiku said condoms must be made available to everyone who needs them – regardless of who they are.

“Everyone who needs a condom must get a condom, otherwise how do we end the HIV epidemic? What is holding us back is the sodomy law,” he said.

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