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Same-sex couples seek relationship recognition in Namibia

Supreme Court in May ruled country must recognize overseas marriages

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(Bigstock photo)

BY BRADLEY FORTUIN AND THABO BUTHELEZI | On May 16, 2023, The Supreme Court of Namibia ruled that Namibia’s immigration laws must recognize same-sex marriages validly concluded outside Namibia, setting aside the High Court decision of Jan. 20, 2022. This case’s decision will significantly impact LGBTIQ+ rights and advocacy in Namibia and the region.

Background

In August 2017, Daniel Digashu, a South African Citizen and Johann Potgieter, a Namibian citizen, approached the High Court of Namibia after the Ministry of Home Affairs and Immigration denied Digashu, a South African citizen, a work permit based on their same-sex marital status. 

Similarly, Namibian-born Anete Seiler and German-born Anita Seiler-Lilles approached the High Court of Namibia after Anita was denied permanent residence based on their marital status.

The High Court, comprised of three judges, dismissed their applications. The High Court held that the Constitution of Namibia prohibited discrimination based on sexual orientation; however, it could not grant the couples’ applications because of a 2001 judgement by the Supreme Court of Namibia in Immigration Selection Board v Frank, which refused to recognize the rights of same-sex partners under the Immigration Act. The High Court criticized the discrimination that was leveled at the applicants and the earlier judgement of the Supreme Court; however, it felt bound by the Supreme Court decision.

Supreme Court

The appellants argued that the facts in the Frank case differed in that their relationship was not recognized in terms of the law. The applicants in the Frank case were in a long-term committed relationship, whereas in the case of Digashu and Seiller-Lilles, the appellants’ relationships were valid regarding the law of the countries they were respectively concluded in.

The right to dignity

The Supreme Court of Namibia’s landmark decision to support the right to dignity for same-sex couples was a significant moment in the ongoing battle for equal rights. The Supreme Court held that denying the recognition of the Digashu and Seiller-Lilles’ respective marriages violated the right to human dignity. The court stated that the Constitution of Namibia guarantees the right to dignity to its people and does not exclude based on one’s sexual orientation, gender identity and expression. The court added that the fact that this is outlined in Article 8 of the constitution meant that it is constitutionally binding and relates to the protection of other rights.

The Supreme Court’s decision was based on the principle that all Namibians have the right to human dignity under the law. This was also rooted in the idea that marriage is a fundamental right essential to the pursuit of happiness. Although same-sex marriages cannot be legally performed in Namibia, the court held that denying the recognition of same-sex marriages concluded lawfully outside the country violated the applicant’s constitutional rights and was a form of discrimination that had no place in modern society. The Supreme Court’s decision was a watershed moment that signaled a new era of acceptance and equality for Namibia’s LGBTIQ+ community.

The right to equality:

The Supreme Court further affirmed the right to equality for LGBTIQ+ persons. It held that the ministry’s approach infringed on the right to equality. The court declared that “spouse,” in the context of the law, includes same-sex couples. The right to equality is a fundamental human right, ensuring everyone is treated equally under the law. It is a cornerstone of democracy and is essential for protecting human dignity. In Namibia, the right to equality is enshrined in the constitution. However, despite these legal protections, discrimination still exists in many forms and affects various marginalized and vulnerable groups, such as same-sex couples.

The Supreme Court has played a critical role in interpreting and enforcing the right to equality in the Digashu, Seillers-Lilles judgment. The court interpreted the law and applied it to the specifics of this case to ensure that applicants are treated equally, giving precedence for future equality matters. The Supreme Court’s reasoning for granting equality is based on several fundamental principles. Firstly, the court recognizes everyone is entitled to the same legal protections. No one should be discriminated against based on their race, gender, sexual orientation, gender identity or any other characteristic.

The court further recognizes that stigma and discrimination can take many forms and are influenced by one’s particular characteristics and identity. This is evident in cases when a law or policy appears neutral but disproportionately impacts a specific group, as can be seen in the Digashu, Seiller-Lilles matters where the ministry denied the applicants the right to equality based on their same-sex marriage status.

The court also recognizes that the right to equality is about protecting individual rights and promoting social cohesion. Stigma and discrimination can lead to social fragmentation and undermine the stability of society. By promoting equality, the court is helping to build a more cohesive, diverse, and stable community. This is also based on a deep understanding and interpretation of the principles of democracy and respect for human rights. The court proclaimed, “the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family as indispensable for freedom, justice and peace.”

Public opinion

The court noted that the majority often influences public opinion, and elected officials express these views in Parliament. The court said it was the duty of the court to fulfill the constitutional rights of all people, including the minority groups such as LGBTIQ+ people. It is the duty of the courts to ensure, independently, that such groups are protected from stigma and discrimination and are afforded their constitutional rights. If the courts only relied on the majority’s opinions, there would be inconsistencies in who can and cannot be protected and recognized under the law.

Recognition of same-sex families

The State argued that in line with the doctrine of precedent, the term “family” does not include homosexual marriages and that in terms of the act and the constitution, marriage is a union between a man and a woman. They further argued that sexual orientation is not listed as grounds for prohibited discrimination and that equality before the law does not mean equality for each person’s relationships.

The Supreme Court stated, in its decision, however, that in addition to “spouse” not being defined as either a man or woman, neither is marriage. It held that any marriage that is legally concluded outside Namibia must be recognized in accordance with the law.

The Supreme Court noted that the facts in Frank were indeed different from the facts in the Appeals and that the statements made by the court in that case that “equality before the law for each person does not mean equality before the law for each person’s relationship,” were incompatible with the right to equality, and that it also fails to take into account the human worth and dignity of all human beings including those in same-sex relationships, which is at the core of the equality clause. It further held that the general principle of common law that if a marriage is concluded under the legal requirements for a valid marriage in a foreign country, it falls to be recognized in Namibia and that that principle applied in this matter. The court held that the ministry should have recognized the appellants’ respective marriages and that Mr. Digashu and Ms. Seiller-Lilles are to be regarded as spouses for purposes of the law.

The court went on to State that the ministry, by excluding a spouse in a same-sex marriage from inclusion within the term of “spouse,” infringed on their right to dignity and equality.

In a dissenting judgment by Justice Mainga JA, the judge states that the court had overstepped its bounds and had effectively redefined marriage. The judge further notes that the majority decision attacked traditional norms and values and threatened to undermine the institution of marriage itself. The dissenting judgement shows that there may be resistance to equal treatment of LGBTIQ+ persons. The silver lining is that four other justices recognized that the constitutional values of Namibia promote and protect the rights of queer persons.

Developments since the judgment

Following the passing of the judgment by the Supreme Court, there were emerging backlash from some members of the public and politicians. July 11, 2023, the National Assembly of Namibia passed a private member’s bill which aimed to redefine the term spouse and amends the Marriage Act. The bill was introduced with reference to Articles 81 and 45 of the Namibian Constitution to “contradict a decision of the Supreme Court of Namibia.” The proposed bill contradicts the Supreme Court’s Digashu, Seillers-Lilles’ decision. The bill was also discussed and approved by the National Council of Namibia and was sent to the President for assent but was sent back for further consultation.

The bill proposes that no marriage between persons of the same sex shall be recognized as a valid marriage in Namibia and that anyone in a same-sex marriage will not be regarded as spouse for purposes of any law in Namibia. The Marriage Act amendment states that marriage “means a legal union entered into between persons of opposite sex.”

Importance of this case

The judgment has taken a significant step forward by recognizing same-sex marriages conducted legally outside Namibia. This decision will significantly impact various aspects of the law and advocacy, including human rights, family law and equality. This decision is a milestone towards equality and human dignity. This decision positively impacts the future of the LGBTIQ+ community and society. It has the potential to promote acceptance and diversity and pave the way for a more inclusive and equal Namibian society. It further reflects the changing attitudes and values of the Namibian society towards LGBTIQ+ people. This decision is a significant step towards recognizing LGBTIQ rights in Africa, particularly considering the current regression and extreme anti-LGBTIQ sentiment being seen elsewhere.

The High Court and Supreme Court sentiments, respectively, show that there has been a change in approach around LGBTIQ+ rights within the judiciary since the 2001 judgement. In affirming that the terms spouse and family in terms of the act include persons in same-sex relationships, the court has moved from its previous jurisprudence to a jurisprudence that interpreted equality in a purposive right-giving manner.

It will also positively impact the mental health and well-being of LGBTIQ+ people, who have long faced stigma, discrimination and prejudice. The judgment is a blueprint for the role of the Courts in upholding fundamental human rights and promoting equality. The courts have played a crucial role in the fight for LGBTIQ+ rights and recognition, and this ruling will serve as a precedent for future equality cases and help shape the country’s laws, policies and practices towards equality and human rights.

Namibia still criminalizes consensual same-sex sexual activities between people of the same gender in terms of its Roman-Dutch common law, with the Criminal Procedure Act outlining procedures for punishment, although such prosecutions are rare.

Access more information on the case here.

Bradley Fortuin is the LGBTIQ+ Program Officer at the Southern Africa Litigation Center and a social justice activist.

Thabo Buthelezi is a researcher at the Southern Africa Litigation Center and a human rights activist.

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World ‘isn’t much different today’

The Nazis murdered nearly 1 million Jewish people at Auschwitz

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The entrance to the Auschwitz I camp in Oświęcim, Poland, on April 7, 2024. (Washington Blade photo by Michael K. Lavers)

OŚWIȨCIM, Poland — Łukasz, a Polish man who was our group’s English-speaking tour guide at Auschwitz, on April 7 asked us while we were standing outside one of Auschwitz I’s barracks why the Nazis systematically murdered more than 6 million Jewish people.

“Once they are gone, Germany will be great again,” he said, referring to the Nazis’s depraved justification.

There were other Americans in our group of about 40 people. I would like to think they are familiar with the dehumanizing MAGA rhetoric to which our country has become accustomed since President Joe Biden’s predecessor announced his White House bid in 2015. The fact that I was at a Nazi concentration camp was simply overwhelming, and I didn’t feel like speaking with them or to anyone else at that moment.

The unspeakable horrors that happened at Auschwitz are on full display. Łukasz’s comment was a stark warning to us all amid the backdrop of the current socio-political realities in which we in the U.S., Europe and elsewhere around the world currently live.

• Suitcases, glasses, shoes, kitchen utensils, prosthetic limbs, baskets, Jewish prayer shawls, and toothbrushes that were taken from people upon their arrival at Auschwitz were on display in Auschwitz I’s Block 5. One exhibit also contains children’s clothes.

• Auschwitz I’s Blocks 6 and 7 had pictures of male and female prisoners along the corridors. They contained their birthdays, the day they arrived at the camp and when they died. Block 7 also had mattresses and bunk beds on which prisoners slept and the sinks and latrines they used.

• The basement of Auschwitz I’s Block 11 had cells in which prisoners were placed in the dark and starved to death. The basement also had cells in which prisoners were forced to stand for long periods of time. Executions took place at the “Death Wall” in the courtyard between Block 10 and 11. Guards also tortured prisoners in this area.

• Medical experiments took place in Block 10.

• A gas chamber is located near Auschwitz I’s entrance with the gate that reads “Arbeit macht frei” or “Work sets you free.” The adjacent crematorium contains a replica of the furnaces used to burn human bodies.

• An urn with human ashes is in Auschwitz I’s Block 4. Hair cut from people who were killed in the gas chamber was also there.

The entrance to the gas chamber at Auschwitz I camp in Oświęcim, Poland, on April 7, 2024. (Washington Blade photo by Michael K. Lavers)

Auschwitz I, a former Polish army barracks, is one of 40 camps and subcamps around Oświęcim, a town that is roughly 30 miles west of Kraków, Poland’s second-largest city, that became known to the world as Auschwitz. Upwards of 90 percent of the 1.1 million people killed at Auschwitz died at Auschwitz II-Birkenau, which is roughly 1 1/2 miles northwest of Auschwitz I in the village of Brzezinka (Birkenau in German), and more than 90 percent of those murdered upon their arrival were Jewish.

The ruins of two crematoria the Nazis blew up before the Soviets liberated the camp in January 1945 are there. (A group of Israelis were praying in front of them while our group was there.) A train car used to bring people to the camp was also there, along with some of the barracks in which those who were not immediately killed in the gas chambers lived.

Auschwitz II-Birkenau’s sheer size is incomprehensible.

A train car used to transport prisoners to Auschwitz-Birkenau in Brzezinka, Poland, on April 7, 2024. (Washington Blade photo by Michael K. Lavers)

The Nazis killed 6 million Jewish people in the Holocaust. They also murdered gay men, Poles, Roma, Sinti and millions of other people from across Europe.

The day I visited Auschwitz marked six months since Hamas launched its surprise attack against Israel. 

More than 1,400 people — including 260 people who Hamas militants murdered at the Nova music festival in Re’im, a kibbutz that is a few miles from the Gaza Strip — have died in Israel since Oct. 7, 2023. The subsequent war has left more than 30,000 Palestinians in the Hamas-controlled enclave dead, and millions more struggling to survive. Oct. 7 was the deadliest attack against Jewish people since the Holocaust. That unfortunate coincidence of dates — Oct. 7 and April 7 — was not lost on me while I was at Auschwitz. 

Another striking thing is the area in which the camps are located.

The train from Kraków to Oświęcim passes through idyllic countryside with green meadows, flowering trees and freshly tilled fields. Purple lilacs — like those that bloom each spring on the trees in my mother’s backyard in New Hampshire — were in full bloom inside Auschwitz I. Grass and dandelions were growing amid the remains of Auschwitz II-Birkenau’s barracks. Birds were chirping. The weather was also unseasonably warm with temperatures well over 80 degrees and a cloudless sky.

All of it was beyond surreal.

Auschwitz II-Birkenau on april 7, 2024. (washington blade video by michael k. lavers)

I visited Auschwitz while on assignment for the Washington Blade in Poland. I interviewed gay Deputy Polish Justice Minister Krzysztof Śmiszek in Warsaw and sat down with activists in the Polish capital and Kraków to talk about the country’s new government and the continued plight of LGBTQ refugees from Ukraine and other countries. My trip began in Budapest, Hungary, and ended in Berlin. I did not write this piece until I on my flight back to D.C. on Tuesday because I could not properly articulate my thoughts about what I saw at Auschwitz.

Auschwitz II-Birkenau in Brzezinka, Poland, on April 7, 2024. (Washington Blade photo by Michael K. Lavers)

Governments, politicians, political candidates, and parties in the U.S. and around the world have used specific groups of people to advance a particular agenda, to blame them for what is wrong in their particular country and/or to deflect blame from their own failures. The Nazis and what they did to Jewish people and anyone else they deemed inferior is the most grotesque example of what can happen if such actions are not stopped.

Łukasz told us outside of one of the Auschwitz II-Birkenau barracks at the end of our tour that the world “isn’t that much different today.” He also said that we are “witnesses.”

“It’s up to you how you react to it,” said Łukasz.

Let’s hope we all do our part to make sure the atrocities that happened at Auschwitz never happen again.

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Preserving our tapestry: Navigating European elections, empowering queer women and the imperative of safe spaces

EU elections will take place in June 9

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The German Reichstag in Berlin in 2022. EU elections will take place on June 9, 2024. (Washington Blade photo by Michael K. Lavers)

As the European Union anticipates the upcoming elections in June, a disconcerting wave of transphobic rhetoric has swept across the continent, notably in 21 EU member states, according to a recent report by ILGA-Europe. The 13th Annual Review of the Human Rights Situation of LGBTQ People in Europe and Central Asia stresses the alarming rise in hate speech targeting the LGBTQ and intersex community. This growth in negativity — which particularly is directed at transgender people — raises profound concerns about the state of inclusivity, human rights and democracy within the EU. 

The alarming surge of transphobia in European politics

According to the report, there is a trend of hate speech coming  from politicians across 32 European countries of which 21 being EU member states. Painting a stark picture of the challenges faced by the LGBTQ community. In a staggering list that includes Austria, Germany, Spain and others, politicians have increasingly weaponized anti-trans rhetoric. Exploiting children is a tactic often used as part of scare strategies to create opposition to trans minors’ access to healthcare and educational facilities, extending this divisive approach to a broader trend where politicians argue that restricting information about LGBTQ people is a necessity to protect minors.

The Hungarian Parliament in Budapest, Hungary, on April 4, 2024. Prime Minister Viktor Orbán and his government over the last decade has cracked down on LGBTQ rights in the country. (Washington Blade photo by Michael K. Lavers)

The rise in transphobic rhetoric is not only confined to politics but it has other tangible consequences. The report highlights a concerning escalation in suicide rates and mental health issues, particularly in LGBTQ youth. Violent protests outside schools and libraries have created unsafe environments, adding to the growing list of challenges faced by the community.

The far-reaching impact of demonization by politicians and the introduction of restrictive legislation underscores the need for urgent action. Hate speech is not merely an affront to people’s rights, it is an assault on the very core values upon which the EU was founded. As ILGA-Europe Advocacy Director Katrin Hugendubel notes, human rights, especially those of LGBTQ people, are facing a significant challenge from far-right forces. The exploitation of LGBTQ rights to undermine democracy, human rights and the rule of law highlights the divisive nature of the current political landscape. 

As ILGA-Europe prepares to launch the “Come Out 4 Europe” campaign in response to these alarming trends, the need for visible and supportive queer female spaces is more apparent than ever. The campaign, seeking commitments from European Parliament candidates to protect the rights of LGBTQ people, underscores the urgency of safeguarding human rights, democracy and freedom. 

The crucial role of queer women in European elections

Belgium, amid this backdrop of rising transphobia, is preparing for the European elections on June 9, 2024. The importance of this electoral process cannot be overstated, especially for queer women. With citizens aged 16 and above casting their votes to elect 22 members of the European Parliament (MEPs), it’s a pivotal moment for the LGBTQ community.

The voting process in Belgium follows EU law, utilizing a proportional representation system. Voters choose one party, either by marking the box above the party list or selecting individual candidates on the list. The total ballot forms for each party determine seat distribution, and preferential votes then decide which candidates secure a seat in the European Parliament.

Educated voting in the European elections is essential to queer women and the importance cannot be stressed enough. Throughout history they have faced unique battles, but this community holds the power to shape policies that directly influence their lives. By engaging in the democratic process, queer women can actively challenge the current surge in hate speech towards trans people by voting for electing representatives who actively advocate for LGBTQ rights. 

Representation is more than a mere buzzword. It matters. Understanding candidates’ positions on LGBTQ issues is key and requires educating oneself on candidates’ stances as to allow queer women to vote for representatives who genuinely champion LGBTQ rights. A diverse and inclusive representation ensures that the concerns and voices of the queer community are not just heard but which are acted upon. Decisions within the European Parliament influence policies ranging from anti-discrimination laws to access to healthcare. An informed vote makes sure that legislation promotes equality, acceptance and the protection of LGBTQ rights.

By being educated on the European elections and its candidates, queer women embark on a journey of self-empowerment. By supporting candidates who prioritize inclusive curricula, they contribute to addressing LGBTQ history, health and rights, encouraging a more accepting future.

The undeniable need for physical queer women spaces

Since the European elections are nearing, the importance of physical spaces for queer women to gather and discuss voting and the candidates becomes increasingly evident. While online spaces offer the chance to connect and discuss, they come with their own unique challenges, including the spread of misinformation and miscommunication. In navigating the democratic landscape, the value of in-person gatherings for education and discussion cannot be stressed enough.

The world is saturated with digital information, and misinformation can easily infiltrate online spaces. Physical gatherings allow for a more controlled environment with direct feedback from peers, where queer women can share accurate and reliable information, ensuring a more nuanced understanding of candidates, policies and the electoral process. 

In the lead-up to the European elections, we have to recognize that physical spaces for queer women are crucial. They do not only combat misinformation, disinformation and miscommunication but also serve as a vital space for shared learning. In-person gatherings create the foundation for an informed and engaged electorate, promoting a collective voice that resonates in the democratic process. The power of change lies not just in our votes but in the shared wisdom and unity forged in the physical spaces we create together.

The plight of the Crazy Circle and the call for investment in queer women spaces

After the closing of Brussels’ iconic Crazy Circle, a feminist queer space that has served as a safe haven for the LGBTQ community, it becomes increasingly evident that the struggle for queer women-only spaces in Belgium is a critical issue demanding our attention.

For the past five years, Crazy Circle has been a testament to the resilience of the LGBTQ community, creating a safe and celebratory space for queer women and their allies. However, its closure after the previous management leaving for unknown reasons and current fundraising attempt by the new owners to reopen highlight the challenges faced by such spaces in Belgium. These establishments play a vital role not only as social hubs but as catalysts for education, empowerment and advocacy. Fortunately for the new owners they recently reached their fundraising goals and raised over 50,000 euros to reopen Crazy Circle. 

The loss of a space like this underscores the broader struggle faced by queer women-only spaces in Belgium. Beyond being social hubs, these spaces are vital agents of change, providing a haven for education, empowerment and advocacy. We must recognize that our commitment to the LGBTQ community extends beyond words.

The “Come Out 4 Europe” campaign by ILGA-Europe serves as a proactive response to the alarming trends in hate speech. It calls for clear political commitments on safeguarding human rights, democracy and freedom from candidates in the upcoming European Parliament elections in June. Belgium, with its own elections on the horizon, stands at a crossroads where the choices made will resonate far beyond its borders.

If we want to inform queer females about campaigns like “Come Out 4 Europe” we need spaces like the Crazy Circle. Its closure is a stark reminder of the fragility of these vital spaces. It’s a call to action, urging us to invest more in preserving and expanding queer women-only spaces. The struggle faced by Crazy Circle is not an isolated incident; it reflects a broader challenge that demands a collective response all over the world. 

By fighting to preserve and expand queer women-only spaces, we are not merely safeguarding physical venues. We are investing in the education, empowerment and advocacy of the LGBTQ community. These spaces are not mere bars or gathering spots; they are crucial agents of change and empowerment.

Building a future of inclusivity

As we see what happened to Crazy Circle in Belgium, let us use this moment as a catalyst for change. It is time to rally together behind existing queer women spaces, ensuring their survival and actively working towards expanding and creating new ones. By doing so we empower individuals to educate, advocate, and, most importantly, vote for a future where safety, equality and acceptance prevail for all members of the LGBTQ community. It’s not only a matter of choice to preserve these spaces; it is a commitment to a world where everyone has the right to be safe, heard and celebrated. 

In navigating the complex tapestry of the European elections, the empowerment of queer women spaces through informed voting and the preservation of physical queer women spaces become integral threads. As we stand on the precipice of change, our choices today will shape the inclusive and accepting future we envision. Together, let us weave a tapestry that celebrates diversity, protects human rights and builds a future where every voice, especially those of queer women, is not just heard but cherished.

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Returning to the kibbutz: A journey of heartbreak and hope

Hamas militants attacked Kfar Aza on Oct. 7

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Kfar Aza, Israel, after Oct. 7, 2023. (Photo courtesy of K.T. Colin)

Editor’s note: WDG, the Washington Blade’s media partner in Israel, originally published this commentary.

BY K.T. COLIN | In 2019, my first encounter with Israel was through the lens of a sponsored Birthright trip. I embarked on a three-week journey, traversing the diverse landscapes from the northern regions to the eastern territories and finally to the arid southern desert. I had the opportunity to visit different communities within Israel and Palestine. Amidst this exploration, I spent an unforgettable three days and two nights in a kibbutz situated near the Gaza border. The memories etched in my heart were ones of unbridled joy, resilience and the harmonious coexistence of the desert dwellers — an emotional tapestry that forever imprinted itself on my soul. Coming from an Iraqi heritage, I viewed these expressions of coexistence through a lens shaped by my own region’s history of conflict and diversity.

As I recall the Shabbat dinner at the kibbutz, the air resonated with the sacred call to prayers (Adhan) from a nearby Bedouin Arab-Muslim town. The juxtaposition of cultures and faiths was a poignant reminder of the shared humanity that bound the Jewish and Arab Israelis in this region. It was a journey that transcended the ordinary, leaving an indelible mark on my consciousness. Filled with memories of peace and unity, I returned, only to confront a reality far removed from my cherished memories.

Fast forward to last month, when I returned to the Negev Desert, specifically to Kfar Aza — one of the 22 kibbutzim targeted by Hamas on that fateful day, Oct. 7, 2023. The once vibrant oasis, brimming with the light of life, now stood shrouded in the darkness of war-induced death and destruction. The very bench where camaraderie blossomed in 2019, while sharing a moment of connection with an Israeli companion, lay reduced to ashes. The thriving pathways, once bustling with life, had metamorphosed into haunting reminders of blood and rubble. The faces that animated Shabbat gatherings, weaving tales of peace advocacy between Palestinians and Israelis, were now conspicuously absent. In the wake of Hamas’s brutality, no entity — be it human, animal or plant — escaped unscathed. The aftermath resembled scenes from an apocalyptic movie, a tableau of sensory deprivation dominated by the stench of death and the echoes of destruction. This destruction, while uniquely harrowing, echoed the all-too-familiar scenes of conflict from my childhood in Iraq, underscoring the universal tragedy of war.

Kfar Aza, Israel (Photo courtesy of K.T. Colin)

While my roots trace back to Iraq, a land marred by wars and the brutality of conflict, the devastation witnessed in Kfar Aza struck a chord that reverberated with the echoes of my past. My personal journey, from witnessing Saddam’s reign of terror to observing the aftermath in Kfar Aza, underscores a broader narrative of resilience and the enduring hope for peace. Born during the Iraqi-Iranian war, my father’s absence for the first six months of my life spoke volumes about the toll of conflict. The invasion of Kuwait and subsequent wars entrenched the narrative of war as an unwelcome companion in our daily lives. Memories of the U.S. invasion in 2003, the ensuing civil war, and the subsequent loss of rights for women, secular individuals and LGBTQ+ members further underscored the harsh reality of conflict.

Yet, Kfar Aza was a unique chapter in my journey, revealing a form of malevolence that transcended my prior experiences. In their assault, Hamas meticulously targeted specifically peace activists who wanted nothing but peace and prosperity between Israelis and Palestinians, sparing no atrocity in their pursuit. This was not just about taking lives; it was a heinous assault on the very prospect of peace. The evil that unfolded reminded me of the forces mentioned in the Quran — Yaajooj and Maajooj — entities of pure malevolence against whom even Alexander the Great erected a wall, according to Muslim prophecy.

My upbringing in Iraq, under the shadow of Saddam Hussein’s dictatorship, fanned the flames of anti-Semitism. A once diverse Iraq, home to 165,000 Iraqi Jews, witnessed their forced exodus through decades of genocide. Subsequently, Christians, Yazidis and Sabbea Mandaeen fell victim to ethnic cleansing orchestrated by dictatorial regimes, Nazi pogroms, Iranian militias and ISIS. The slow erosion of tolerance and coexistence occurred methodically, propelled by hate campaigns championed by Arab nationalists and later fueled by Islamist movements, plunging Iraq into its darkest era.

My school days were marked by compulsory flag-greeting ceremonies, ostensibly patriotic but laden with hate. The chants of “Death to America; Death to the Zionists; Death to the Jews” echoed through the air, fostering a culture of animosity. Arabization and Nationalism classes further fueled this bigotry, leaving an indelible mark on impressionable minds.

The recent horrors in Kfar Aza echoed memories of a similar brand of terror perpetrated by Saddam’s regime — the Fedaeen of Saddam, a precursor to Hamas’s brutality. The parallels were chilling — beheadings, brutal punishments and a reign of terror continued even after the fall of Saddam, as they joined Al-Qaeda, leaving a trail of atrocities in cities like Fallujah and Ramadi.

As I witnessed the devastation in Kfar Aza, the echoes of war in nearby Beit Hanoun, Gaza, resonated hauntingly. The pain echoed from both sides — the Israeli people enduring Hamas rockets since 2015 and the Palestinians suffering daily under the same regime. My heart shattered for the children left orphaned, the LGBTQ+ Gazans now without shelter or life-saving medications and the vulnerable girls and boys exposed to the horrors of Human trafficking and rape. The theft of humanitarian aid by Hamas left many without food and water, and the lip services to Palestinians by Arab and Muslim majority nations, painting a grim picture of a future hanging in uncertainty for those who survived.

Despite the deep scars of conflict, both in my homeland and here, I see glimmers of hope that guide us toward a shared future. I have endured the darkest chapters of conflict in my past, and I hold onto the belief that one day this war will end. I dream of a future where Israelis and Palestinians coexist in shared spaces, attending the same schools, dining at the same restaurants and dancing in the same nightclubs. Having witnessed such unity among Jews, Druze, Muslims and Christians in Israel, I pray for a day when this reality extends to Gazans and Israelis in the Negev Desert. The journey towards peace is arduous, but the human spirit, resilient and compassionate, holds the promise of a brighter tomorrow.

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