• Home
  • OPINION
  • Attorney General prioritises majority over marginalised rights

Attorney General prioritises majority over marginalised rights

Positive Vibes Trust
Friedel Dausab, an expert in HIV prevention and treatment and an experienced lesbian, gay, bisexual, transgender and questioning (LGBTQ) human rights activist, recently filed a constitutional challenge at the Namibian High Court, arguing that the outdated common law offence of sodomy and other related offences violate his constitutionally protected rights.

As a result of the exclusion and discrimination that these laws perpetuate, LGBTQ Namibians are often on the receiving end of abuse, harassment, threats, blackmail and violence, whilst access to health services becomes discriminatory because of the current environment of shame and stigma.

Yet the opinion of the Attorney General and the four ministers who act as respondents to Mr Dausab’s case is that Namibia’s sodomy law should remain intact.

Relegate old laws

For the Attorney General, it is not in the public interest to change the inherited common law, and the rights of the majority in the country surpass those of the minority.

Perhaps, however, he should consider returning to his notes on constitutional law from his undergraduate days?

Surely the whole point of our beloved constitution is to put certain issues beyond the reach of popular opinion? In the event that Attorney General Festus Mbandeka wishes to persist with his arguments in favour of the sensibilities of the majority, then he may be interested to know that Namibians have already spoken.

According to the respected research institution Afrobarometer, in their 2020 report on African attitudes, when polled, 54% of Namibians say they are tolerant of LGBTQ people.

It is Positive Vibes’ deeply held belief that the way in which adults conduct their private lives together within close, loving, consensual relationships, and in the intimacy of their own homes, should not be a matter for state interference. It is high time that these laws were relegated to the history books, where they belong.

Letter by Positive Vibes Trust

Comments

Namibian Sun 2024-07-07

No comments have been left on this article

Please login to leave a comment

Currie Cup: DHL Western Province 25 vs 30 Vodacom Blue Bulls | Toyota Cheetahs XV 82 vs 20 NovaVit Griffons | Cell C Sharks XV 25 vs 26 Fidelity ADT Lions | Suzuki Griquas 24 vs 44 Airlink Pumas Rugby World Cup U20: Australia U20 12 vs 17 Italy U20 | South Africa U20 12 vs 31 Argentina U20 | England U20 48 vs 11 Fiji U20 | France U20 26 vs 27 New Zealand U20 | Wales U20 31 vs 10 Spain U20 | Ireland U20 22 vs 16 Georgia U20 F1: Great Britain GP First:Lewis Hamilton Mercedes 01:22:27 Second:Max Verstappen Red Bull + 00:00:01.465 Third:Lando Norris McLaren + 00:00:07.547 #N/A Currency: GBP to NAD 23.23 | EUR to NAD 19.68 | CNY to NAD 2.51 | USD to NAD 18.16 | DZD to NAD 0.13 | AOA to NAD 0.02 | BWP to NAD 1.29 | EGP to NAD 0.37 | KES to NAD 0.14 | NGN to NAD 0.01 | ZMW to NAD 0.73 | ZWL to NAD 0.04 | BRL to NAD 3.33 | RUB to NAD 0.21 | INR to NAD 0.22 | USD to DZD 134.16 | USD to AOA 871.26 | USD to BWP 13.56 | USD to EGP 48 | USD to KES 127.98 | USD to NGN 1515.35 | USD to ZAR 18.23 | USD to ZMW 24.45 | USD to ZWL 321 | Stock Exchange: JSE All Share Index Same 0 | Namibian Stock Exchange (NSX) Overall Index 1791.53 Down -0.7% | Casablanca Stock Exchange (CSE) MASI 13367.73 Up +0.54% | Egyptian Exchange (EGX) 30 Index 28364.79 Up +0.72% | Botswana Stock Exchange (BSE) DCI 9380.4 Same 0 | NSX: MTC 7.75 SAME | Anirep 8.99 SAME | Capricorn Investment group 17.34 SAME | FirstRand Namibia Ltd 49 DOWN 0.50% | Letshego Holdings (Namibia) Ltd 4.1 UP 2.50% | Namibia Asset Management Ltd 0.7 SAME | Namibia Breweries Ltd 31.49 UP 0.03% | Nictus Holdings - Nam 2.22 SAME | Oryx Properties Ltd 12.1 UP 1.70% | Paratus Namibia Holdings 11.99 SAME | SBN Holdings 8.45 SAME | Trustco Group Holdings Ltd 0.48 SAME | B2Gold Corporation 47.34 DOWN 1.50% | Local Index closed 677.62 UP 0.12% | Overall Index closed 1534.6 DOWN 0.05% | Osino Resources Corp 19.47 DOWN 2.41% | Commodities: Gold US$ 2 391.62/OZ UP +1.48% | Copper US$ 4.67/lb UP +2.36% | Zinc US$ 3 017.00/T UP 0.01% | Brent Crude Oil US$ 87.46/BBP DOWN -0.0079 | Platinum US$ 1 027.76/OZ UP +2.82% #N/A