Dignity for All, or Dignity for Some?

SALEN KAMBINDA FROM POSITIVE VIBES FOUNDATION WRITES:

Namibia’s human rights record was once again under the global spotlight as the country underwent its Universal Periodic Review (UPR) in Geneva. Herewith, please find the Op-Ed in response to the content shared at this high-level meeting.

On 4 May 2026, in Geneva, Switzerland, the Minister of Justice and Labour Relations, Fillemon Wise Immanuel, asked the countries of the United Nations to stand and observe a moment of silence for those who lost their lives in the Cassinga Massacre. In honouring the victims, Minister Immanuel noted that the massacre served as a reminder that Namibia’s “commitment to human rights is rooted in history marked by injustice” and that this history “guide[s] our resolve to uphold dignity, equality and justice for all”.

These stirring words were expressed at the start of Namibia’s participation in the UPR, a process that occurs every four and a half years, where each member state of the United Nations has its human rights record reviewed by peer countries. Later that same week, and following its own review, Namibia had the opportunity to participate in the process from the other side by reviewing the human rights records of countries, including Denmark, Mozambique, and Belgium, and making recommendations on how they can strengthen human rights protections.

During its review, Namibia was rightly commended by its peer countries for the significant progress it has made in advancing human rights over the past four years, including the High Court decision decriminalising same-sex sexual relations, the adoption of a universal health care coverage policy, and measures taken to strengthen the rights of persons 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, particularly with respect to the role of the Supreme Court in interpreting the provisions of the Constitution, and the continued lack of legal protection for lesbian, gay, bisexual, transgender and intersex (LGBTI) people.

The concerns raised by peer countries regarding the human rights of LGBTI people in Namibia focused primarily on the continued high levels of discrimination and violence they face, as well as the government’s failure to fully implement the High Court decision to decriminalise same-sex sexual relations. Several peer countries also raised rule of law concerns, particularly regarding the legislature and the executive’s decision to undermine the Supreme Court’s interpretation of key constitutional provisions by passing the Marriage Act and the Civil Registration and Identification Act in December 2024.

Minister Immanuel’s response to these concerns was disappointing and, frankly, perplexing. It was a stark contradiction to his earlier statement that Namibia’s history (which included the imposed criminalisation of same-sex sexualities under apartheid rule) compels a commitment to ensuring dignity and equality for all. Rather than directly addressing very real concerns about the high levels of gender-based violence, youth unemployment, discrimination and exclusion faced by LGBTI people or those regarding the separation of powers and constitutionalism, the Minister instead chose to focus on a red herring: the need for “broad public consultation” before LGBTI people can be granted the right to live their lives free from fear and discrimination.

This response from the Namibian State 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, as many women, girls and LGBTI people currently do. The data is clear: a 2024 OutRight Namibia report found that 93% of LGBTI respondents had experienced physical violence, 85.9% had experienced verbal abuse, with many also reporting discrimination by the police, and the denial of health services. Furthermore, a 2024 Digital Closet study in Namibia found that 82% of LGBT+ individuals had experienced online hate speech. In Namibia, such hate speech has been linked to violence against LGBTI people, and in 2024, at least six individuals who identify as LGBTI were brutally murdered.

Second, the Government had the timely opportunity to conduct a broad, public consultation and chose not to. Instead, the Government undermined the constitutional separation of powers by enacting the Marriage and Civil Registration and Identification Acts, which directly infringed the rights of LGBTI people. In doing so, it bypassed the public, broad consultation that it now claims is essential. That Acts was drafted and passed without any meaningful public dialogue. It is important to note that, in round 8 of the Afrobarometer survey, Namibia (64%) was the third-most-tolerant of homosexuality in Africa, only behind Cabo Verde (82%) and South Africa (71%).

Minister Immanuel’s opening commitment to dignity, equality, and justice for all was not merely rhetoric. It reflected a fundamental Namibian constitutional understanding: the rights and dignity of one group are inseparable from the rights and dignity of others, and without one, the other cannot be realised. Thus, we ask that our country live up to its own human rights commitments – to and for all its people as a constitutional democracy.

* Beste lesers, keuring vir die ­publikasie van WhatsApp, briewe en alle ander lesers­bydraes berus by Republikein. Klagtes oor die diens van ­private besighede word eers aan die onder­neming vir reaksie voorgelê. Die menings van ons lesers en rubriekskrywers verteenwoordig nie noodwendig die standpunt van Republikein nie. Republikein is ’n lid van die Redakteursforum van Namibië (EFN) en onderskryf die etiese kode vir die Namibiese media soos toegepas deur die media-ombudsman.