Africa
Namibian Supreme Court hears three LGBTQ rights cases
Consensual same-sex sexual relations remain criminalized
The Supreme Court of Namibia will soon issue rulings in three pivotal cases involving LGBTQ and intersex people that will set a precedent for the recognition of same-sex marriages and spousal immigration rights for non-Namibian partners.
Furthermore, a case is soon to be heard in the country’s high court that will challenge the southern African nation’s antiquated sodomy law.
These cases have incited public debate around LGBTQ and intersex rights in a country where homosexuality is a controversial and polarizing subject.
This is the first time since 2001 that Namibia’s highest court will hear cases regarding same-sex relationships. It is also the first time the high court will hear arguments regarding the sodomy law.
The first hearing, which took place on March 3, was the joint cases of Digashu and Seiler-Lilles versus the government.
The applicants — both foreign nationals married to Namibian citizens — in both cases are seeking recognition of their marriages concluded outside Namibia in order to access spousal immigration rights such as permanent residence and employment authorization.
The second hearing, which took place on March 6, was in the case of a Namibian man married to a Mexican man seeking citizenship by descent for their children born via surrogate. The government has demanded DNA testing to prove that the Namibian national is the biological father to the children.
In the last case, a gay Namibian man is not only challenging the constitutionality of the country’s sodomy law but also the prohibition of “unnatural sexual offenses.”
While the cases represent a crucial moment for the country’s LGBTQ and intersex community and their rights, individual people and families fighting a fight bigger than they had foreseen are at the center of these cases.
Marriage, immigration and the law
South African citizen Daniel Digashu married Namibian national Johann Potgieter in South Africa in 2015. The couple and their son moved to Namibia in 2017.
While the move was favorable for the family, the law around same-sex marriage was not.
Digashu’s first encounter with the Home Affairs and Immigration Ministry was not to have them officially recognize his marriage. He was applying for a permit allowing him to work in the country in the company that he jointly started with his husband.
“We’ve always had a dream to live on a farm and run this tourism company. We registered the company first, about six months before we officially moved,” Digashu said.
He said the ministry advised him against applying for permanent residency because the country does not recognize his marriage. Officials instead told him to seek a work permit.
Despite assurances from the ministry’s personnel, the application was denied. Digashu filed an appeal, and that was denied too.
From this moment to today, Digashu has lived a life in limbo.
Due to the ongoing court cases, he is able to renew his visitor’s visa every few months. This, he said, comes with exhausting administrative costs that legal fees exacerbate.
Digashu said the process has put psychological, emotional and financial strain on his family.
“Prior to finding funding it had been quite difficult financially. It is not something that a lot of people would afford. I don’t think we even could afford it. That’s why we sought out and looked for funding and luckily we found that,” he said.
As they await the judgment of their hearing, everything remains the same for Digashu and his family: His husband remains the sole breadwinner as Digashu himself still cannot work.
Namibian citizen Anette Seiler and her German wife Anita Seiler-Lilles face the same dilemma.
Neither expected to become cornerstones of the advocacy around marriage equality and LGBTQ and intersex rights in Namibia.
“We didn’t plan to come to Namibia in the early 2000s,” said Seiler. “We thought we might want to come back when Anita didn’t have to work anymore, and that would be many years later. So, we didn’t think so much in terms of gay rights in Namibia at that time.”
“It was a very personal thing for us to get married. We were not active in Namibia or Germany in the gay community,” she added.
Both couples have received copious amounts of support from the local LGBTQ and intersex community and civil society as they fight to be afforded the same spousal rights that would be granted to opposite-sex couples.
Citizenship by descent and the right to family
As Namibia grapples with the recognition of same-sex marriages, the right to family and protections of them is another matter that has come under scrutiny.
Namibian citizen Phillip Lühl and his husband, Mexican national Guillermo Delgado, are fighting for their children born via surrogacy to be granted Namibian citizenship by descent.
Delgado and Lühl say they are fighting for their children’s birthright.
While both fathers are listed on the children’s South African birth certificates, the Namibian government has demanded DNA proof that Lühl is the biological parent of the children.
“The fact is that any other South African birth certificate is accepted but in our case it’s not because we’re of the same sex. In the case of a heterosexual couple, nobody will ever ask for any proof or dispute the validity of the document, but in our case it is,” Lühl said.
The children have been granted Mexican citizenship by descent after a rigorous process that ended with the country’s Foreign Affairs Ministry granting it.
“They initially were not favorable but concluded that Mexico would recognize a process that was duly and procedurally done in a constituency that they recognize, namely South Africa,” Delgado explained.
The family nevertheless plans to stay in Namibia and continue to fight the government for their children’s birthright and the recognition of their family.
Their case scrutinizes the ambit of the Namibian Constitution, which affords all its citizens protection against discrimination and the right to family.
‘Apartheid-era’ sodomy law
In the final case, Namibian gay activist Friedel Dausab has filed a constitutional challenge against the common law crime of sodomy and the prohibition of “unnatural” sexual acts.
Dausab brought a case against the government in June 2020 stating that the law promotes stigma and exclusion, and instigates the criminalization of consensual same-sex sexual acts between men.
Dausab argues that the offenses under the law are incompatible with the constitutional rights to equality, dignity, privacy, freedom of association and freedom of expression. He also argues that the crime of “unnatural sexual offenses” is too vague to be compatible with the constitution.
“I am challenging these laws as a lifelong and dedicated activist because I am acutely aware that criminalization is a clear obstacle to living a full, open, honest and healthy life,” he said.
Namibian Attorney General Festus Mbandeka in a recent affidavit he submitted to the high court said same-sex sexual conduct is immoral and unacceptable to many Namibians. Mbandeka further denied the existence of the sodomy law stigmatizes gay men.
“If these men suffer any stigma it is in consequence of their choice to engage in sexual conduct considered to be morally taboo in our society,” Mbandeka said.
While it is reported that 64 sodomy-related arrests were made between 2003-2019, the offenses are rarely enforced. The country’s Criminal Procedure Act 51 of 1977 nevertheless lists “sodomy” as a Schedule 1 offense.
The U.K.-based organization Human Dignity Trust says this listing means that either a police officer or an ordinary citizen can arrest anyone who is reasonably suspected of having committed the offense without needing a warrant. It is legal to use lethal force to kill them if the suspect attempts to evade arrest.
Namibia remains one of the few countries in southern Africa that is yet to abolish its sodomy law. Angola, Botswana, Lesotho, Mozambique and South Africa have already done so.
Lesotho
LGBTQ activist murdered in Lesotho
Authorities have arrested a suspect in Kabelo Seseli’s death
Kabelo Seseli, a gay crossdresser and LGBTQ activist in Lesotho, was murdered over the weekend in a suspected homophobic attack.
According to the People’s Matrix Association, a LGBTQ rights organization, Seseli’s body was found with stab wounds on their neck and genitals.
“This was not just a murder, it was a hate-driven, dehumanizing act meant to send a message of fear and rejection to our community,” said the People’s Matrix Association in a statement posted to its Facebook page on April 29. “Kabelo deserved to live. Kabelo deserved dignity, safety, and the freedom to exist without fear, just like every Mosotho.”
The LGBTQ rights group also said it is demanding action, justice, and protection from the government, especially given the fact authorities have arrested a suspect.
“We strongly condemn this act of violence and call on the government of Lesotho and law enforcement authorities to conduct a thorough investigation and ensure that those responsible are held fully accountable,” said the People’s Matrix Association. “We also urge leaders and the public to reflect on the role of hate speech and social stigma, which continue to incite violence against LGBTI individuals across our country. We demand action.”
Victor Mukasa of Trans and History Intersex Africa also condemned Seseli’s murder.
“Death is a fact of life, but murder is criminal,” said Mukasa. “Murder of people because they are LGBTIQA+ or for belonging to a particular social group is a hate crime.”
Thato Motsieloa, a gay crossdresser and LGBTQ activist, said he was “deeply distraught to learn about the brutal murder of Kabelo Seseli.” Motsieloa said he and Seseli met on Facebook.
“Although we never met in person, we had plans to do so,” said Motsieloa. “The manner of his death is particularly heartbreaking, and the fact that his killers desecrated his body by removing his private parts is utterly heinous. I hope justice is served, and those responsible face the consequences of their horrific actions. My sincerest condolences go out to Kabelo’s family, may his soul rest in eternal peace.”
Lesotho in 2012 decriminalized consensual same-sex sexual relations. Marriage, however, remains limited to heterosexual couples. There have also been sporadic reports of anti-LGBTQ hate crimes since 2012.
The International Commission of Jurists, in partnership with Outright International, a New York-based LGBTQ advocacy group, in 2022 held a workshop with the Lesotho judiciary that focused on human rights for the LGBTQ community.
The judiciary noted LGBTQ people exist, but acknowledged there is no local jurisprudence on their rights, even though the country’s constitution guarantees the right to respect private and family life and freedom from discrimination.
Religious and cultural norms, like in many African countries, play a pivotal role in how society perceives the LGBTQ community. Many people in Lesotho disregard the existence of LGBTQ people, even though the government is trying to make room for the acknowledgment of LGBTQ rights.
Outright International Africa Advocacy Officer Khanyo Farise says the judiciary’s active engagement with the LGBTQ community is an important step towards ensuring LGBTQ rights are upheld.
“Judges and judicial officers play an important part in ensuring access to justice for LGBTIQ+ people, but also have an important role in producing judgments which can advance their human rights,” said Farise.
ICJ Africa Communications and Legal Officer Mulesa Lumina said though the ICJ is encouraged by these developments, particularly the willingness of judiciary members to understand the plight of the community, LGBTQ people continue to face harassment, discrimination, abuse and violence because of their actual or perceived sexual orientation and gender identity.
“We will continue working with partners, such as the People’s Matrix and Outright International, to ensure the enforcement of the country’s obligations under international human rights law, which entitle LGBTIQ persons to the full range of human rights without discrimination,” said Lumina.
Kenya
Kenya Red Cross-owned hotel to host anti-LGBTQ conference
Speakers from US, European countries to participate in May 12-17 gathering
Plans to host a family values meeting next month in a 5-star hotel in Nairobi that the Kenya Red Cross Society co-owns have sparked an uproar among local queer rights groups.
The groups accuse the Kenya Red Cross of violating its Global Fund commitment of protecting key populations by allowing its Boma Hotel to host an “anti-gender and anti-LGBTQ” conference.
Influential guest speakers from the U.S., the Netherlands, Spain, and Poland will preside over the Pan-African Conference on Family Values that will take place from May 12-17. The Kenyan advocacy groups say these speakers’ organizations are globally recognized for undermining LGBTQ rights.
“As the principal recipient of Global Fund in Kenya, hosting this event contradicts (the) Red Cross’s humanitarian mission and threatens the safety and dignity of people living with HIV, women and LGBTQ+ individuals, the communities that Kenya Red Cross Society has long committed to supporting,” the queer rights groups state.
The LGBTQ groups that have criticized the Kenya Red Cross include Upinde Advocates for Inclusion, the Initiative for Equality and Non-Discrimination, and Gay and Lesbian Coalition of Kenya. They have also launched an online signature collection drive to compel the Kenya Red Cross to withdraw the hotel from hosting the “Promoting and Protecting Family Values in Challenging Times”-themed conference.
“The event’s so-called ‘family values’ narrative is a smokescreen for policies that push hateful legislation and promote death, discrimination, femicide, gender-based violence, and restrict fundamental freedoms across Africa,” the groups said.
The pro-life Western organizations that are scheduled to participate in the conference include Family Watch International from the U.S., CitizenGo from Spain, the Ordo Luris Institute from Poland, Christian Council International from the Netherlands, the New York-based Center for Family and Human Rights (C-FAM), and the Foundation for American Cultural Heritage. Their local counterparts include the National Council of Churches of Kenya, the Kenya Christian Professionals Forum, the Africa Christian Professionals Forum, and the Evangelical Alliance of Kenya.
C-FAM President Austin Ruse; Family Research Council Vice President for Policy and Government Affairs Travis Wever; Global Life Campaign Executive Director Thomas W. Jacobson; and the Rev. Ricky Chelette, executive director of Living Hope Ministries, Inc., and president of the Institute of Biblical Sexuality are among the U.S. guest speakers. Other participants include Henk Jan van Schthorst, president of Christian Council International’s board of directors, Ordo Luris Institute President Jerzy Kwasniewskie and his colleague, Rafal Dorosinski, director of the group’s Legal Analysis Center.
The Kenyan groups through their online petition — “Tell Red Cross Kenya Not to Give Hate a Platform” — has so far raised more than 1,000 of the 10,000 signatures they hope to collect. The petition is addressed to Red Cross Kenya Secretary-General Ahmed Idris and his predecessor, Abbas Gullet, who is the hotel’s director.
“We call on you to immediately cancel this booking and publicly reaffirm Red Cross’ commitment to human rights, health and inclusivity,” the petition reads. “Failure to act will raise concerns about whether (the) Red Cross can still be trusted by the community to lead with empathy and fight for their rights.”
The Kenya Red Cross, however, maintains the Boma Hotel is a separate entity, even though public records indicate it is one of the facility’s shareholders.
The LGBTQ groups note the hotel should be a safe space that promotes inclusion, not platforms that enable “harmful gathering” for hate and exclusion by “dangerous groups.”
“By providing a venue for this event, Red Cross directly enables a platform for hate and discrimination — a stark contradiction to the values of inclusivity, humanity, and nondiscrimination that the organization claims to uphold,” they said.
The organizations further warn that proceeding to host the conference threatens the relationship between the Red Cross and the marginalized communities who have long depended on the humanitarian organization for support and protection. CitizenGo has nonetheless criticized the LGBTQ groups, which it describes as “radical activist groups” for “trying to silence a pro-family event” and asked the Kenya Red Cross and the Boma Hotel not to back down.
“These groups are calling the event ‘hateful’ because it affirms the natural family — marriage between a man and a woman — and the dignity of every human life, including the unborn,” Ann Kioko, the group’s campaign director for Africa and the U.N., said.
Through an online counter signature collection drive, Kioko holds CitizenGo and other groups won’t be intimidated, silenced or apologize to the queer rights groups for defending “our families, our faith and our future”.
“The real goal of these foreign-funded activist groups is to impose LGBTQ and gender ideologies on Africa — ideologies that have led elsewhere to the confusion of children, the breakdown of family structures and the rise of sexual libertinism that results in abortion, STIs and lifelong emotional and psychological trauma,” Kioko stated.
Africa
LGBTQ activists in Africa work to counter influence of American evangelicals
Lawmakers continue their crackdown on queer rights
American far-right evangelical organizations fund African MPs and religious groups and support their advocacy efforts against homosexuality.
The support for the two influential groups on the continent has contributed to increased homophobic rhetoric for conservative family values through religious teachings and public policy. Open for Business, a coalition of leading global organizations that champion LGBTQ inclusion, revealed this trend in its latest report that surveyed the East African countries of Kenya, Uganda, Tanzania, and Rwanda.
“The anti-LGBTQ+ agenda driven by Christian groups in Kenya and Uganda has received significant funding and support from foreign anti-rights groups, particularly from U.S. far-right evangelical organizations,” the report states.
The two nations, along with Tanzania, have had heightened curtailing of queer rights in recent years through legislation and religious protests. Homosexuality remains criminalized in the three countries, with varied jail terms of not less than 10 years.
“There is much misinformation and disinformation being circulated in Kenya about LGBTQ+ issues — churches are behind much of this, and they leverage selective interpretations of religious teachings to stir up anti-rights sentiments,” the report reads.
It adds religious groups have attained greater influence with their homophobic campaigns under President William Ruto, who is Kenya’s first evangelical Christian head of state.
The American far-right evangelical churches are part of the New York-based World Evangelical Alliance, whose global believers are considered “incredibly diverse and vibrant people of faith.”
“They are bound together by spiritual convictions that they consider ‘non-negotiable’ while acknowledging a wide variety of expressions in non-essential matters such as their style of worship,” the Rev. Leon Morris, the founder member and former chairman of Evangelical Alliance of Victoria, states on WEA’s website.
The religious groups under the Kenya Christian Forum, in partnership with Linda Uhai Consortium (or Protect Life in Swahili) composed of pro-life organizations, late last month held their annual march in Nairobi, the country’s capital. Opposition to LGBTQ rights was among the agenda items.
Some anti-homosexuality placards that march participants held read, “Homosexuality is abnormal,” “Rainbow belongs to God,” “No to Western cultural imperialism, yes to family values,” and “In the beginning God made them; male and female.” The organizers also criticized the Kenyan courts over their recent rulings in favor of the queer community, such as allowing the National Gay and Lesbian Human Rights Commission to register as a non-governmental organization.
The African Inter-Parliamentary Conference on Family Values and Sovereignty is a caucus of African MPs that American far-right evangelical organizations support to drive anti-LGBTQ policies in their countries.
The group held its second conference in Entebbe, Uganda, last May. The definition of sex and sexuality and their impact on LGBTQ issues were among the topics that delegates from more than 20 countries discussed.
The three-day conference that Ugandan Parliament Speaker Anitah Among and Henk Jan Van Scothorst, director of the Christian Council International, sought to curb homosexuality. The delegates also resolved to have the African Caribbean Pacific and European Union Economic Partnership, also known as the Samoa agreement, reviewed for undermining the sovereignty of African governments over LGBTQ rights and related “human rights” issues.
The far-left government officials and queer lobby groups from the U.K. and other Western countries, meanwhile, are engaging with LGBTQ activists in Africa to counter American evangelical organizations’ anti-homosexuality campaigns.
British officials, led by Equalities Minister Nia Griffith, in February met with Sexual Minorities Uganda Executive Director Frank Mugisha and Erick Mundia, a senior policy advisor for Ipas Africa Alliance, a Kenya-based abortion rights advocacy group.
“As part of our Queering Atrocity Prevention program, which seeks to center LGBTQI+ rights and risks as part of atrocity prevention and wider peace and security, our team held a parliamentary roundtable exploring the implications of transnational far-right organizing for global LGBTQI+ rights and how the UK parliament can respond,” the statement reads.
Klara Wertheim, head of global programs at Stonewall, and Farida Mostafa, queering atrocity prevention manager of Protection Approaches, were among the other representatives of queer rights organizations who participated in the roundtable with highlighted “the implications of transitional far-right activity for global LGBTQI+ rights.”
“Discussions with MPs, Lords, parliamentary staff and civil society representatives centered on tactics used by far-right actors to disrupt democratic rights-based systems,” reads the statement. “The impacts of these malign efforts on sexual and gender-based rights in the UK and abroad, and how parliamentary actors can contribute to stemming these trends in their parliamentary work.”
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