We cannot police people’s sex lives – Dausab

Minister of justice Yvonne Dausab says the government cannot police individuals’ sex lives and therefore would not regulate or criminalise homosexuality.

Dausab says Namibians who identify as lesbian, gay, bisexual, transgender and queer (LGBTQ+) are free to practise their sexuality because “homosexuality is not illegal in Namibia”.

“We cannot police and regulate the private life of fellow Namibians. Members of the LGBTQI community are human beings. They are entitled to all the protection afforded by the Namibian Constitution under the Bill of Rights and the principles of state policy,” she said.

The minister said Namibians should rather focus on human rights.

She made these remarks in response to the ongoing debate about homosexuality that has attracted attention from various sections of the population over the past few weeks.

The widespread debate was sparked by reports that the government will consider abolishing the common law offences of sodomy and unnatural sexual offences.

The debate on homosexuality was intensified after Swapo Party Youth League secretary Ephraim Nekongo described homosexuality as “satanic and demonic”.

The sodomy law is part of 33 apartheid-era laws considered obsolete and needing to be repealed.

In 2018, former justice minister Sacky Shanghala asked parliament to scrap about 144 discriminatory and outdated laws because they had been overtaken by more relevant ones.

The majority of the laws recommended for repeal by Shanghala included acts, ordinances and proclamations stemming from the pre-independence era from 1915.

In its latest report on the repeal of obsolete laws submitted to Dausab earlier this month, the Law Reform and Development Commission directed the government to abolish the sodomy law stating that it violates the fundamental rights of the individuals who could be affected, as well as creating and enforcing a culture of homophobia and intolerance against the LGBTQ+ community.

Dausab said the common law offence of sodomy and unnatural sexual acts “is clearly outdated and discriminatory”.

This, Dausab said, was because the law does not criminalise consensual sexual activity between women.

“This common law offence only makes it a crime if two males by agreement engage in sexual activity. This crime of sodomy cannot be enforced without violating the right to privacy of those that are accused of the crime. This leads to further stigmatisation of gay men,” she stressed.

Dausab said the recommendations of the commission will be considered through normal legislative processes “like we will do with any issue that is submitted to us by any member of our society”.

Dausab urged Namibians to discuss the issue of homosexuality “but not lace it with emotions and religious impositions”.

“The kind of language we use to discuss the issue must show love, care and understanding for our fellow Namibians. It must be non-judgemental and we must not think about the nature of the relationship as sexual,” Dausab said.