An Analysis of Spaces for LGBTI Activism in Namibia COUNTRY REPORT Canaries in the Coal Mines an Analysis of Spaces for LGBTI Activism in Namibia COUNTRY REPORT

canaries in the coal mines An analysis of spaces for LGBTI activism in Namibia COUNTRY REPORT canaries in the coal mines An analysis of spaces for LGBTI activism in Namibia COUNTRY REPORT

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Summary...... 2 Strategies Used by LGBTI Groups and Allies...... 20 Country Context...... 4 Mainstreaming LGBTI Human Rights in Civil Society...... 21 Legislative and Policy Environment...... 6 Media Training...... 21 Workplace...... 8 Law Reform...... 22 Social Security Benefits...... 8 Developing Safe Spaces...... 22 Marriage...... 9 Using Social Media...... 23 Women and the Law...... 10 Needs and Experiences of LGBTI People...... 24 Transgender People and the Law...... 10 Violence and Police Brutality...... 25 Public Discourse...... 11 Healthcare Provision...... 26 Shifting Discourse...... 12 Transgender Issues...... 27 Religious Sector...... 13 Key Potential non-LGBTI Allies: Strategic Entry Media...... 13 Points...... 28 Tradition...... 14 Positive Vibes...... 29 The LGBTI Movement: Organisations Advancing the Legal Assistance Centre...... 30 Human Rights of LGBTI People...... 15 AIDS and Rights Alliance for Southern Africa (ARASA).....30 Angola Malawi OutRight Namibia (ORN)...... 17 Namibian NGO Forum Trust (NANGOF)...... 30 Sister Namibia...... 17 Office of the Ombudsman...... 30 Zambia Mozambique Women’s Leadership Centre (WLC)...... 17 Ways Forward and Recommendations...... 31 Wings to Transcend Namibia (WTTN)...... 17 Recommendations...... 33 Botswana Mauritius The Young Feminist Movement (Y-Fem)...... 18 References...... 34 TULINAM...... 18 Namibia Swaziland Voice of Hope Trust...... 18 Rights Not Rescue Trust...... 19 Lesotho Zimbabwe African Men for Sexual Health and Rights (AMSHeR)...... 19 canaries in the coal mines – an analysis of spaces for LGBTI activism in Namibia

Namibia has experienced visible and tangible change on LGBTI human rights issues in recent years with a summary marked move away from the homophobia expressed by then head of state, Sam Nujoma, following independence. LGBTI people continue to experience severe levels of marginalization and social exclusion but are also clearly poised to make significant advances in the coming few years if a coherent national strategy can be consolidated by existing LGBTI organizations and their allies. Some sectors (such as health) have made significantly more gains than others (such as religion and education), and there has been a sea change of evolving public attitudes ABOUT THE AUTHOR towards non-normative sexualities and genders. This This country report was written for the Other Foundation by Finn Reagan broad shifting in social attitudes is due to several factors, informed by engagement with individuals including the efforts of LGBTI organizations. and organizations in Namibia. Finn Reagan is an experienced researcher and Since the early successes of the Rainbow Project, there is support for strategizing for writer whose technical expertise in doing progressive social change for LGBTI people within broader civil society. Allies in key state LGBTI-focused and educational research posts could be successfully engaged with for substantial change. is highly sought after. He recently moved The legislative environment is not conducive to living openly as an LGBTI person, but this from the LGBTI anchor organization Gay too, is being challenged on several fronts. At state level, the Office of the Ombudsman, and Lesbian Memory in Action (GALA), is pursuing an inclusive human rights agenda that clearly includes the human rights of based in Johannesburg, to the South LGBTI people. While the 2013 Baseline Study Report on Human Rights issued by the African Governments Department of Office of the Ombudsman states that Namibia has been known for its ‘intransigence in Basic Education. The production of accepting homosexuals as equal partners in a just society,’ this scoping study indicates the report was supported by George that increasingly public opinion is not reflected in the official stance. A national human Murumba and benefited from editorial rights survey of 1280 households – also conducted by the Office of the Ombudsman in contributions given by Mark Gevisser. 2013 – found that 73% of respondents felt that people with a ‘different sexual orientation’ 3 have equal rights in Namibia, though there was less support for same-sex marriage. The final text of the report was edited by Sarita Ranchod and Sonja Boezak from Under the Rainbow.

country report: Namibia country report: Namibia canaries in the coal mines – an analysis of spaces for LGBTI activism in Namibia

“… a homosexual in itself, in our African tradition, means contraceptive measures against childbirth. With a small population in our country we cannot afford to promote homosexualism, but those who are behaving themselves in this fashion are not prosecuted ... Homosexualism, lesbianism, can be practised as long as it is 73% of respondents not imposed on others in public, just as we cap smoking in public.” country (Namibian delegation, Universal Periodic Review Working Group, 2011) Under German colonial rule until 1915, then being administered by apartheid South Africa, Namibia’s independence was realized in 1990. Ethnically diverse, with a population of a little over 2.5 million people, approximately 85% of the population is Christian. context Namibia is a stable multi-party democracy and the protection of human rights is enshrined in the Constitution.

Gender-based violence (GBV) has received much attention in recent years, across all sectors. Various instruments have been used to address GBV such as legal frameworks, political platforms, religious arenas and civil society. in a national human rights survey of 1280 households felt that people with a Namibia prides itself on the freedom of its media, and freedom of expression ‘different sexual orientation’ have equal more broadly. rights in Namibia

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“The time is ripe now for scrapping the old sodomy laws. Now is the time to push for change!” Madelene Isaacks, April 2016 Negative public legislative and statements from Male same-sex acts are illegal under to distribute condoms and reported various sectors have common law in Namibia and no legal blackmailing of prisoners. The Bill of mention is made of female same-sex Rights protects the human rights of all impacted societal sexuality. The sodomy law has been Namibians. The Namibian Constitution is in existence since 1927 and was influenced by international agreements, attitudes towards policy environment subsequently strengthened in 1980 by and in 2010 the Supreme Court stated LGBTI people, but the the Combating of Immoral Practices Act. that comparative jurisprudence is useful Sodomy and certain sexual acts (such because of the international character of previously homophobic as mutual masturbation and oral sex) human rights which include the human between consenting adult males are rights of LGBTI people. official position is criminal offences, though homosexuality weakening. The itself is not illegal. Although these laws are Negative public statements from seldom applied, they continue to have a various sectors have impacted societal 2013 human rights detrimental impact on LGBTI people. attitudes towards LGBTI people, but the previously homophobic official position report commissioned “The presence of sodomy laws on is weakening. The 2013 human rights by the Office of the Namibian statute books makes gay men report commissioned by the Office of particularly susceptible to discrimination the Ombudsman found: “The continued Ombudsman found: and interference with their privacy … The existence of the common-law crime of continued presence of sodomy laws also sodomy is by its very nature and content “The continued mistakenly creates the impression that the discriminatory.” existence of the practice or otherwise of homosexuality is illegal in this country and this is wrong…” There is increased advocacy for same- common-law crime of Office of the Ombudsman, 2013 Baseline sex civil unions or civil marriage, including Study Report on Human Rights in the leader of one of the country’s political sodomy is by its very Namibia parties, promising to support LGBTI nature and content human rights in Parliament. The effects of the sodomy law are discriminatory.” apparent in the refusal of prison officials

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The first post- 2.1 Workplace 2.3 Marriage Same-sex marriage independence Labour LGBTI people report difficulty in both of 2007. While Namibia is signatory to Same-sex marriage is not permissible rights. In terms of artificial reproductive is not permissible accessing and maintaining employment, the Conventions and Recommendations and the courts have yet to adjudicate on techniques, legislation on ovum and Law (1992) included particularly for trans people, which of the International Labour Organization whether this exclusion is Constitutional. sperm donation is only considered in and the courts have means they may resort to sex work for (ILO), which include sexual orientation While social workers sometimes allow the context of married couples. As a the prohibition of survival.1The first post-independence and gender identity (SOGI) under same-sex partners to adopt by allowing result, for LGBTI people the ovum or yet to adjudicate on discrimination on the Labour Law (1992) included the ILO Discrimination (Employment and one person to adopt as a single, divorced sperm donor remains the legal parent of whether this exclusion prohibition of discrimination on the Occupation) Convention, 1958 (No. or widowed applicant, in terms of the the child, and surrogacy is not currently grounds of sexual grounds of sexual orientation, replaced by 111). This is not applied, despite an Children’s Act 33 of 1960 same-sex legislated for. is Constitutional. the Labour Act 11 (2007) which prohibits ILO Committee of Experts in May 2014 couples do not enjoy joint adoption orientation, replaced discrimination based on sex, but not exhorting Namibia to ensure protection by the Labour Act 11 sexual orientation. While organizations on the grounds of sexual orientation in the such as the Legal Assistance Centre Labour Act.2 According to key contributor (2007) which prohibits (LAC) petitioned the National Assembly Linda Baumann (OutRight), there is discrimination based for including sexual orientation, this was ongoing debate regarding the inclusion unsuccessful. of LGBTI human rights in the Labour on sex, but not sexual Act, the Domestic Violence Bill and the The Office of the Ombudsman has national Human Rights Action Plan which orientation. While recommended that protection from specifically articulates LGBTI people as a discrimination based on sexual orientation vulnerable category. organizations such as be reintroduced into the Labour Act 11 the Legal Assistance Centre (LAC) petitioned 2.2 Social security benefits the National Assembly Social security benefits apply to both 30 of 1941, both opposite and same- for including sexual opposite and same-sex partners, eligible sex employees can claim compensation to receive once-off death benefits under in the case of accidental death of a orientation, this was the Social Security Act 34 of 1994. partner during employment, but only if unsuccessful. However this occurs only if the surviving dependence on the deceased can be partner can prove dependence on the proven, and only in the absence of a deceased for maintenance. The reality spouse and children of the deceased. is that the Social Security Commission The opposite sex cohabiting partner of pays out the benefit only in the absence the deceased would take priority over a 8 of a surviving child or spouse. Similarly, same-sex partner. 9 under the Employees’ Compensation Act

1. OutRight Namibia, LGBTI Human Rights Report on Lesbian, Gay, Bisexual, Transgender and Intersex People in Namibia, 2013: 17 2. Gender Research and Advocacy Project (2015) Namibian Law on LGBT Issues. Legal Assistance Centre: Windhoek.

country report: Namibia country report: Namibia canaries in the coal mines – an analysis of spaces for LGBTI activism in Namibia

While it is possible 2.4 Women and the Law for trans people While there are no laws that regulate it is difficult to get a public abortion and women’s same-sex sexuality, the old women are often unaware of their sexual to change their South African abortion law is restrictive and reproductive health rights. In 2016 public and permits termination of pregnancy the newly appointed Minister of Health identity documents, only in limited situations such as rape, proposed a referendum on abortion and bureaucratic incest, if the mother’s life is in danger, or there has been policy reform regarding if there is medical evidence that the baby teenage pregnancy with a focus on obstructionism makes will be severely disabled. More generally, keeping girls in school. discourse this impossible for most. Complete 2.5 Transgender People and the Law

transition should, in While the Constitution is silent on the people have successfully transitioned theory, allow a trans human rights of transgender people, in-country. the apartheid South African law on sex person to officially reassignment surgery and document Similarly, while it is possible for change gender, as change is still in place. Nevertheless, the trans people to change their identity presence of transphobia and bureaucratic documents, bureaucratic obstructionism the Secretary of obstructionism has resulted in very makes this impossible for most. Complete few trans people having access to sex transition should, in theory, allow a trans State can change a reassignment surgery or subsequent person to officially change gender, as person’s gender if the change of identity documents. Therefore, the Secretary of State can change a while Act 81, Sex Reassignment Policy person’s gender if the necessary medical necessary medical from 1963 permits gender reassignment documents are available. There is no law surgery, very few trans people are able related to crossdressing. However, the old documents are to access this provision even though Prohibition of Disguises Act 16 of 1969, available. sex reassignment surgery is covered in inherited from apartheid South Africa, was government medical aid. Some trans adopted to prohibit crossdressing.

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The discourse concerning SOGI is evolving rapidly across discourses can be understood as a proxy facts, the loosening of related discourse for an anti-colonial pushback against has led to increasing tolerance of LGBTI Several key public spaces, print media, and in formal spaces such the historical and continued presence of communities. This is not to deny the As independence and contributors as Parliament. The public discourse cannot be divorced European and North American hegemony backlash against LGBTI people but to the liberation struggle in the region. As independence and the highlight the broader historical arc. highlighted the role from the broader historical and socio-political context liberation struggle become historical become historical of illiteracy, together which is characterized by extreme poverty, low education facts, the loosening with a lack of access levels, illiteracy, and innumeracy. 3.2 Religious Sector of related discourse

to resources and This is a direct result of the legacy of apartheid and colonization which continue to impact The Council of Churches in Namibia notions of non-normative sexualities and has led to increasing opportunities as one of the ways in which people engage in the public sphere. Subsequently, there continues to (CCN) has released affirming statements genders which relate to sinfulness and tolerance of LGBTI be limitations on the broader understanding of non-normative sexualities and genders. concerning sexual orientation. The demonic possession. In an interview with the reason as to why religious sector, according to key Madelene Isaacks (TULINAM), she said: communities. Several key contributors highlighted the role of illiteracy, together with a lack of access to contributors, remains predominantly “A pastor will tell you: ‘You are the devil’s discourse on LGBTI resources and opportunities as one of the reason as to why discourse on LGBTI identities hostile to LGBTI people.4 spawn.’ It’s not a great picture, but it’s not identities remains remains underdeveloped. The ruling Independence party, SWAPO, has been vociferously as if we’re being killed in the street. It’s homophobic, but this has also begun to shift as President Hage Geingob has reigned in This discourse continues to be not Uganda or South Africa.” underdeveloped. more conservative voices in the ruling party. The presence of several key LGBTI allies in conservative and espouses stereotypical state positions, has meant that SWAPO’s stance on SOGI issues is no longer as clearly homophobic as it was in the past. 3.3 Media

3.1 Shifting Discourse Media discourse has often been affirming newspapers tend to cover LGBTI issues of LGBTI people in Namibia. The in an ethical and supportive way. An increasingly sophisticated language on the streets of the capital is having an Namibian as well as the Namibia Sun has emerged on SOGI issues. This is enlivening effect. This includes exhibitions largely due to greater exposure to media of queer art. Artistic and cultural vibrancy and online content from outside Namibia; continues to attract backlash from more LGBTI activists and leaders traveling conservative quarters such as the church. abroad and returning with new linguistic frames of reference; the relative silence of The homophobia of former President the church; and an increasingly confident Nujoma should be understood in the LGBTI community buoyed by the support context of the broader anti-colonial and of key allies at the national level. While anti-apartheid independence struggles the general cultural environment may be across the region revealing clear parallels 12 understood in terms of post-colonial, with the post-independence rhetoric 13 post-independence stagnation, the of President Mugabe of the ZANU-PF 3 presence of a vocal LGBTI community in neighbouring Zimbabwe. These

3.https://www.hrw.org/reports/2003/safrica/safriglhrc0303-02.htm 4. In 2001, the Council of Churches in Namibia (CCN) released a statement and “rejected any form of discrimination based on sexual orientation” (IRIN, 2001). country report: Namibia country report: Namibia canaries in the coal mines – an analysis of spaces for LGBTI activism in Namibia

“I’ve seen pastors and 3.4 Tradition clergy recognizing: Culture and tradition do not universally leaders are potentially important allies. function as sites for exclusion of One traditional leader said the following ‘This person is not a he LGBTI people and their experiences of with regards to the changing attitudes the LGBTI such spaces are not always negative. around LGBTI issues: “Remember how it but is known as a she’. Historically, rituals such as funerals was with AIDS, we can do the same with This is a huge step and burials play an important role in this!” community gathering. These settings forward and leads to have functioned as sites of exclusion The disapproval from politicians, for LGBTI people by using pronouns parliamentarians, religious leaders and movement: huge relief in the whole not used by the deceased, and/or some community members is at odds congregation, which is denial of the deceased’s sexuality or with the attitudes and opinions of the organizations advancing the human rights gender identity. However, reports from LGBTI communities themselves. What is very emotional”. key contributors indicate that traditional apparent is cycles of progress, followed of LGBTI people spaces are slowly opening to LGBTI by backlash, exemplified by the inclusion realities: “I’ve seen pastors and clergy and then the removal of sexual orientation (Madelene Isaacks) recognizing: ‘This person is not a ‘he’ as prohibited grounds for discrimination in but is known as a ‘she’’. This is a huge the country’s Labour Law. step forward and leads to huge relief in the whole congregation, which is very emotional” (Madelene Isaacks). Traditional

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The first five years following Namibia’s independence 5.1 OutRight Namibia (ORN) The shifting attitudes from South Africa were successful days for LGBTI towards LGBTI people ORN is an LGBTI, MSM and WSW redress and arrest homophobic rhetoric. activism because the non-discrimination clause in human rights organization formed by ORN has accessed substantial funding for in Namibia can be the Constitution concerning sex was presumed to be LGBTI activists in 2010. ORN advocates key populations work in the health sector. attributed to several applicable to LGBTI people as well. In 1996, and the as the voice for LGBTI people to address, reasons, including years that followed, President Nujoma and his Minister increased media of Home Affairs, who talked of ‘eliminating gays’, made 5.2 Sister Namibia coverage and access their stance on the human rights of LGBTI people Established in 1989, Sister Namibia is a and has been vocal about gender equality to online information; clear. In recent years, the perception that Namibia is a feminist and women’s rights organization since Namibia’s independence. the emergence of homophobic state has changed. 5.3 Women’s Leadership Centre (WLC) language to signify This transition has been spearheaded by a few prominent organizations including an active women’s movement in the run up to and after independence in 1990. Black WLC is a feminist organization that organization’s focus is on cultivating non-normative lesbians have emerged as a core, vocal constituency in the recent LGBTI movement. promotes women’s writing and other an indigenous feminist activism, and sexualities and There has been a predominantly middle class white gay scene in Windhoek for several forms of creative expression as a form facilitates empowerment processes for decades, however, this group was not focused on activism, and appeared to be of resistance to discrimination. The young lesbians across the country. genders; and allies in exclusionary based on race, class and gender, said key contributor Jo Rogge. influential positions The shifting attitudes towards LGBTI people in Namibia can be attributed to several reasons, including increased media coverage and access to online information; the 5.4 Wings to Transcend Namibia (WTTN) who are able to emergence of language to signify non-normative sexualities and genders; and allies in contribute to national influential positions who are able to contribute to national debate on LGBTI human rights WTTN is a transgender organization spaces; the wellbeing of transgender issues. advocating and lobbying for the people; eradicating transphobia, stigma, debate on LGBTI recognition of the human rights of trans discrimination and violence against The LGBTI movement, and LGBTI people, have experienced backlash from families and people. Their work includes: legal gender transgender people. human rights issues. communities rejecting LGBTI people, leaving many homeless and living in poverty. In recognition; psychosocial support; safe response, several LGBTI organizations have been offering outreach and pastoral services to community members to meet survival needs.

Escalating levels of violence, especially GBV – some of which are rooted in unresolved issues from the independence struggle and colonial legacy – and high levels of poverty 16 and inequality disproportionately affect LGBTI people given their vulnerability. 17

country report: Namibia country report: Namibia canaries in the coal mines – an analysis of spaces for LGBTI activism in Namibia canaries in the coal mines – an analysis of spaces for LGBTI activism in Namibia

4.5 The Young Feminist Movement (Y-Fem) 4.8 Rights Not Rescue Trust

Y-Fem is a lesbian feminist organization young lesbians. Y-Fem advocates for The Rights Not Rescue Trust (RnRT) human rights, education and the safety of – founded in 2009 – whose work centres sexual health rights education and the offers programmes for sex workers, with sex workers. on rural women working in mining regions promotion of young women’s human a specific focus on MSM, transgender with a focus on economic justice for rights. people and lesbians. The organization RnRT is also working to decriminalize offers counselling and healthcare referral sex work and a rights-based work services; and documents GBV enacted environment for all sex workers, to access 4.6 TULINAM upon sex workers in collaboration with their reproductive health rights, as well as LAC. The organization is led by sex legal services. Founded in 2010, TULINAM is a faith- sympathetic clergy to understand and workers. It promotes access to health, based organization that engages faith confront religious fundamentalism, communities on LGBTI issues, working and to create safe spaces for dialogue to change the discourse around LGBTI to empower sexual minorities, faith people that labels them abominable communities and allies to engage with 4.9 African Men for Sexual Health and Rights sinners. each other and recognize the human (AMSHeR) rights of all. TULINAM’s mission is to strengthen AMSHeR is a coalition of LGBT/MSM- to redress the human rights violations and support LGBTI people, allies and led organizations across sub-Saharan these populations face on the continent. Africa, established to address the AMSHeR was formed to develop ‘home- disproportionate effect of HIV/AIDS grown’ strategies to address local issues. 4.7 Voice of Hope Trust on LGBTI individuals. AMSHeR aims

Voice of Hope Trust works with raising, and advocates for the human transgender sex workers and offers a rights of sex workers. space for information sharing, awareness

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country report: Namibia country report: Namibia canaries in the coal mines – an analysis of spaces for LGBTI activism in Namibia

LGBTI organizations have employed locally specific strategies to bring about positive change for LGBTI LGBTI issues are a core people. Gains have included stronger partnerships; a agenda item in the strategies shifting national discourse; and greater LGBTI visibility. broader human rights movement and enjoy used by LGBTI groups and allies The efforts of LGBTI organizations have contributed to advances through ongoing awareness raising across sectors; and the creation of several successful, national widespread support. organizations.

5.1 Mainstreaming LGBTI Human Rights in Civil Society

Historically, The Rainbow Project (TRP) TRP had as a key strategy to be deeply worked extensively with mainstream embedded in the broader civil society civil society to educate and inform movement in Namibia under the umbrella stakeholders about LGBTI human rights of the Namibian NGO Forum Trust issues. As a result, LGBTI issues are a (NANGOF). TRP pushed LGBTI issues at core agenda item in the broader human NANGOF and argued that they related to rights movement and enjoy widespread the broader issues of the sector, including support. The collective effect of these youth and sex work, and the benefits of approaches is that ‘there is a lot less of the broadly accepted idea that LGBTI the Nujoma homophobia’.5 rights are human rights.

5.2 Media Training

The Rainbow Project worked with the successful initiative, while now concluded, Media Institute of Southern Africa (MISA) assisted already left-leaning press to to roll out sensitisation and awareness report on LGBTI issues in an informed training for journalists and editors. This and affirming way. 21

5. Jo Rogge, Interview, 21 April 2016

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Recommendations 5.3 Law Reform 5.5 Using Social Media Social and online from the submission The Legal Assistance Centre (LAC) has reform of the Labour Act; and legislating Social and online media is underutilized communities they serve do not engage media is underutilized cautioned against using law reform as for the rights of same sex couples but is recognized as a possible future robustly on online platforms, because to the committee a key strategy given the conservatism generally. strategy. Young lesbian feminists often of severe inequality and poverty, the but is recognized of the judiciary and the attitudes of engage online and on social media sites, lack of access to computers in LGBTI under Article 40 of the SWAPO, the ruling party. Nevertheless, The National AIDS Policy presents though they rarely use these spaces organizations; and a lack of training on as a possible future International Covenant law reform is seen increasingly as a opportunities for broader change, as for LGBTI activism, said Jholerina Brina the use of social media for advocacy. strategy. Young lesbian potentially successful route to follow. does the recent Human Rights Action Timbo during an interview. Organizations on Civil and Political Recommendations from the submission Plan which sits in the Office of the such as Y-Fem have found that the feminists often engage to the committee under Article 40 of Ombudsman. A lesbian was appointed to Rights (CCPR) include: the International Covenant on Civil and lead the Law Reform and Development online and on social abolishing the sodomy Political Rights (CCPR) include: abolishing Commission (LRDC). There is also a media sites, though the sodomy laws; including same sex movement to decriminalize sex work laws; including same relationships in the new Domestic which offers a useful entry point for they rarely use these Violence Act (such provisions were advocacy on LGBTI human rights. spaces for LGBTI sex relationships in originally included but then removed); the new Domestic activism. Violence Act (such 5.4 Developing Safe Spaces

provisions were Overall, fear around coming together in a strategy in bringing about social justice for originally included safe space is one of the major obstacles LGBTI people is the development of safe for many LGBTI people. A key initial spaces for LGBTI people to gather. but then removed); reform of the Labour Act; and legislating for the rights of same sex couples generally.

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country report: Namibia country report: Namibia canaries in the coal mines – an analysis of spaces for LGBTI activism in Namibia

“When we are out in public people say that we [trans people] are not in the Constitution.” Jholerina Brina Timbo Violence against LGBTI people is pervasive and Inequality in Namibian society is coupled with the emergence of an increasing aspirational the needs and lifestyle fostered by access to regional and international media. This has created a there are “high levels situation where people’s basic physical, psychological and nutritional needs are often not being met, alongside a desire for a standard of living portrayed in much of the global of sexual and other LGBTI media content. violence targeting people because of their experiences 6.1 Violence and Police Brutality sexual orientation and of LGBTI people: social in/exclusion The significant experiences and needs of and brutality at the hands of the police gender identity [which] LGBTI people relate to the prevalence of is a reality and police create methods to physical and sexual violence, including humiliate trans people, including forcing are endemic in some general violence, police violence, rape them to strip in public. and rape by police. areas of our country.” Martin, a trans woman sex worker Violence against LGBTI people is in Windhoek, Namibia, shared her (ORN Human Rights Report on LGBTI People pervasive and there are “high levels recollections of finding a friend, Carolyn, in Namibia, 2013). of sexual and other violence targeting another trans sex worker, badly beaten by people because of their sexual orientation the police. “They had ripped her clothes and gender identity [which] are endemic off,” she said. “It aggravates them more in some areas of our country.” (ORN that you are a man so they give you a Human Rights Report on LGBTI People in heavier beating.” Namibia, 2013). The Office of the Ombudsman (2013) Upwards of 40% of MSM experience has found that LGBTI people experience human rights abuses including rape and multiple forms of violence including the violence, and this violence is reported ‘corrective rape’ of lesbian women, as one of their main health challenges. rejection from families, and general insults Hatred, extreme violence and rejection and attacks. The Ombudsman also from family and communities, including found that police generally lack sensitivity lack of financial support, is a significant to and awareness of homophobic and challenge6 and there is often a refusal on transphobic violence and abuse and that the part of police to prosecute violence they actively discourage reporting in their 25 against LGBTI people.7 Harassment response to LGBTI victims.

6. Sister Namibia, Building the Feminist Movement in Namibia, Annual Report: January to December 2009, 2010, “Namibia: Treatment of sexual minorities by society and government authorities; recourse and protection available to sexual minorities who have been subject to ill treatment.” 7. US Department of State, Namibia 2013 Human Rights Report, “Societal Abuses, Discrimination, and Acts of Violence Based on Sexual 6 Orientation and Gender Identity”. country report: Namibia canaries in the coal mines – an analysis of spaces for LGBTI activism in Namibia canaries in the coal mines – an analysis of spaces for LGBTI activism in Namibia

Violence in schools is a concern. learners. This form of bullying leads 6.3 Transgender Issues The Hospitals and The Ombudsman report states that: LGBTI people in schools to drop out by While trans people Health Facilities Act LGBTI children … face a high level of the end of their educational careers, and While trans people have been at the Among healthcare professionals and have been at the homophobia and transphobia at the this at times leads to suicides. forefront of the LGBTI movement, they across sectors, there is a lack of 36 of 1994 clearly hands of their teachers and fellow have often received little or no support in sensitization and awareness of the needs forefront of the LGBTI terms of service provision.9 Trans people of trans populations, with little or no stipulates that every experience discrimination from within the understanding of transitioning. There is no movement, they person may access 6.2 Healthcare Provision LGBTI community as well as from service training for school counselors to support have often received providers and the police, among others. young trans learners and anecdotal state healthcare Incorrect and insensitive LGBTI national health plans and policies, which evidence points to high levels of early little or no support healthcare information is routine, as well have a detrimental impact on service There are numerous cases of secondary school-leaving due to victimization, and that medical as discrimination against LGBTI patients. provision to LGBTI populations including victimization of trans people when they affecting education levels, employability in terms of service professionals are Approximately one fifth of surveyed men in relation to HIV/AIDS. report violence and harassment to the and a means out of poverty. Trans people provision.9 Trans avoided healthcare services because police. The cumulative effect of this who find work can be found in specific The Hospitals and Health Facilities Act duty bound to of possible negative responses to their discrimination and marginalization in sectors such as hospitality. people experience sexual orientation and a further 8% 36 of 1994 clearly stipulates that every terms of mental and physical wellbeing confidentiality in indicated that they had been denied person may access state healthcare is not being addressed. There is no discrimination from common law. service because of responses to their and that medical professionals are duty psychosocial support for trans people. sexual orientation.7 Overall, LGBTI people bound to confidentiality in common law. within the LGBTI experience verbal abuse from medical Similarly, the Ethical Guidelines for Health community as well as professionals and have concerns about Professionals stipulates that patient confidentiality. As a result, LGBTI people care must not be compromised by the from service providers are ‘often denied access to health care personal beliefs of medical professionals and the police, among services due to stigma and discrimination related to ‘lifestyle’, ‘gender’ and ‘sexual from health care officials’.The Namibian orientation’. The Patient Charter (1998) others. newspaper, reporting on an LGBTI prohibits discrimination on the grounds workshop in Ongwediva, pointed to of sexual orientation or gender, and in ongoing discrimination in healthcare the case of a breach of these duties, including the ridiculing of LGBTI people complaints may be made to the relevant by health professionals. LGBTI health Health Professionals Council. These concerns are also generally absent from provisions are routinely ignored.

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7. Stefan Baral, et al, “HIV Prevalence, Risks for HIV Infection, and Human Rights amongst Men Who Have Sex with Men (MSM) in Malawi, 9. Jholerina Brina Timbo, Interview, 22 April 2016. Namibia, and Botswana”, PLoS ONE, Vol 4, Issue 3 (2009); and Heather Fay, et al, “Stigma, Health Care Access, and HIV Knowledge Among Men Who Have Sex with Men in Malawi, Namibia, and Botswana”, 15(6) AIDS and Behavior 1088 (2011). country report: Namibia country report: Namibia canaries in the coal mines – an analysis of spaces for LGBTI activism in Namibia

There are several non-LGBTI organizations that are openly supportive of the human rights of LGBTI people. There have also been There are also a few key state positions and offices many key personalities key potential that are promoting the human rights of LGBTI people, in the public sphere along with a generally affirming press. The climate who have acted as has changed to the point that these organizations LGBTI allies, most and officials are now speaking openly about LGBTI notably the ex- non-LGBTI allies/ lives, which contrasts significantly with a more hostile parliamentarian Rosa strategic entry points discourse in the past when allies remained covert. There Namises. have also been many key personalities in the public sphere who have acted as LGBTI allies, most notably the ex-parliamentarian Rosa Namises who was also the Director of Women’s Solidarity Namibia, and who was outspoken on the issues during her time in opposition in Parliament. These and other allies have tended not to back down in the face of public opposition to the human rights of LGBTI people.

7.1 Positive Vibes

Positive Vibes envisions open, equitable government and the private sector. and healthy societies in Southern Africa Its mission is to facilitate and promote in which civil society organizations play positive social change through a process a key role in influencing progressive of personalization, dialogue and voice. social development in partnership with 29

7 country report: Namibia canaries in the coal mines – an analysis of spaces for LGBTI activism in Namibia

The Office of the 7.2 Legal Assistance Centre Ombudsman is a The LAC’s main objective is to protect the Information and Advice; Education and human rights of all Namibians and is the Training; Research; Law Reform and strong advocate for only organization of its kind in Namibia. Advocacy. ways forward & respecting the human It works in five broad areas: Litigation; rights of LGBTI people, and has consulted with 7.3 AIDS and Rights Alliance for Southern Africa (ARASA) recommendations LGBTI organizations ARASA is a regional partnership of over in Southern and East Africa, through and groups. 90 NGOs working together to promote capacity building and advocacy. a human rights response to HIV and TB

7.4 Namibian NGO Forum Trust (NANGOF)

NANGOF Trust was formed to support access to funding, capacity building, civil society organizations in Namibia dissemination of information, and through advocacy activities for a enhancement of service delivery. conducive legal environment, facilitating

7.5 Office of the Ombudsman

The Office of the Ombudsman is a strong Other allies include the South African advocate for respecting the human rights Christian Initiative, which is a regional of LGBTI people, and has consulted organization that includes a focus on with LGBTI organizations and groups. LGBTI advocacy in religious communities. The National Human Rights Action Plan launched in 2015 specifically mentions several vulnerable groups including: women; people with disabilities, people 30 living with HIV/AIDS, indigenous peoples and LGBTI people.

country report: Namibia 8 canaries in the coal mines – an analysis of spaces for LGBTI activism in Namibia canaries in the coal mines – an analysis of spaces for LGBTI activism in Namibia

LGBTI people occupy multiple and increasing spaces in 8.1 Recommendations One of the key shifts Namibia which have been and continue to be secured Even with the ongoing is away from the ‘it’s > Even with the ongoing backlash from > Trans issues have emerged and backlash from the through several key strategies. LGBTI narratives are the religious right and in communities, require increased funding and unAfrican’ argument, shifting in tangible ways and positive and affirming there is a limited window for law support including in relation to: law religious right and in reform which makes the time ripe for reform; change in education to make which is increasingly narratives are increasingly being reinforced. The strategic litigation. schools more inclusive; greater communities, there untenable given the discourse is being reframed at both community and access to services; and legal reform is a limited window > There is a strong and vibrant on changing identity documents. number of young black government levels. movement to decriminalize sex for law reform which work in Namibia. This movement > Sensitivity and human rights training Namibians identifying has a clear overlap with the LGBTI for the police and law enforcement is makes the time ripe for 1 One of the key shifts is away from the ‘it’s key allies in important positions at movement. It is apparent that the required. as LGBTI. unAfrican’ argument, which is increasingly national level providing opportunities push to decriminalize sex work may strategic litigation. untenable given the number of young for progress on the human rights of be a strategic way to repeal the black Namibians identifying as LGBTI.10 LGBTI people while the environment is sodomy law. Simultaneously LGBTI-related language conducive. This window of opportunity is becoming more pervasive and demands programming improvement > While social and online media can increasingly normalized as the visibility of and strategic planning for the sector; play a key role in LGBTI progress, this the LGBTI community grows. improved information sharing and greater space is underutilized and increased collaboration between organizations. funding could enhance LGBTI use of What is important to note in terms of LGBTI organizations have successfully online platforms more strategically. future strategy is that there are currently come together to bring about change.

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10. Ian Southey-Swartz, Interview, 22 April 2016.

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Alexander v Minister of Justice and Others (2010) (1) NR 328 (SC) at para Health Professions Councils of Namibia (2010). Ethical Guidelines for 81 Health Professionals. http://www.hpcna.com/legal/Ethical%20Document%20-%20Final%20 Anyamele, C., Lwabaayi, R., Nguyen, T-V., Biswanger, H. (2005). Sexual Draft%201.pdf minorities, violence and AIDS in Africa. Africa Region working paper series, no. 84. Washington, DC: World Bank. http://www.documents.worldbank. Human Rights Council (2013, February 1). Report of the Special references org/curated/en/665071468001786948/Sexual-minorities-violence-and- Rapporteur on the right of everyone to the enjoyment of the highest AIDS-in-Africa attainable standard of physical and mental health. http://www.ohchr.org/ EN/Issues/Health/Pages/SRRightHealthIndex.aspx Arnott, J & Crago, A-L. (2009). Rights Not Rescue: A Report on Female, Male, and Trans Sex Workers’ Human Rights in Botswana, Namibia, and Human Rights Watch and International Gay and Lesbian Human Rights South Africa. Open Society Initiative for Southern Africa, Sexual Health and Commission (2003). More Than A Name: State Sponsored Homophobia Rights Project and its Consequences in Southern Africa. http://www.iglhrc.org/sites/ default/files/160-1.pdf Baral, S., Trapence, G., Motimedi, F., Umar, E., Iipinge, S., Dausab, F., & Breyer, C. (2009). HIV Prevalence, Risks for HIV Infection, and Human Immigration and Refugee Board of Canada (2012). Namibia: Treatment Rights amongst Men Who Have Sex with Men (MSM) in Malawi, Namibia, of sexual minorities by society and government authorities; recourse and Botswana. Public Library of Science, 4(3) and protection available to sexual minorities who have been subject to ill-treatment. http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index. Central Intelligence Agency (2009). The World Factbook. https://www.cia. aspx?doc=454117 gov/library/publications/the-world-factbook/geos/wa.html Iipinge, S.N. 2008. HIV prevalence among men who have sex with men in Chairperson of the Immigration Selection Board v Frank and another (2001) Windhoek, Namibia, University of Namibia, HIV and AIDS Unit NR 107 (SC) at 210B-D International Gay and Lesbian Human Rights Commission (2011). Nowhere Children’s Act 33 (1960) to Turn: Blackmail and Extortion of LGBT People in Sub-Saharan Africa. http://ww.iglhrc.org/binary-data/ATTACHMENT/file/000/000/484-1.pdf Council of Churches in Namibia (2001). Statement Labour Act 6 (1992) Gay Star News (2013, December 16). http://www.gaystarnews.com Lambert, C., & Andipatin, M. (2015). An exploration of student perceptions Gender Research and Advocacy Project (2015). Namibian Law on LGBT of the risks and protective factors associated with child sexual abuse and Issues. Legal Assistance Centre: Windhoek incest in the Western Cape, South Africa. African Safety Promotion: A Journal of Injury and Violence Prevention, 12(1), pp.35-51 Fay, H., Baral, S.D., Trapence, G., Motimedi, F., Umar, E., Iipinge, S., Dausab, F., & Breyer, C. (2011). Stigma, Health Care Access, and HIV Milton, J & Fuller N.M. (1971). South African Criminal Law and Procedure: Knowledge Among Men Who Have Sex with Men in Malawi, Namibia, and Statutory Offences, Vol 3. Botswana. Aids Behaviour 16(6), 1088-1097 Ministry of Health and Social Services (1998). The Patient Charter of Freedom House (2014). Freedom in the World 2014: Namibia. www. Namibia freedomhouse.org/report/freedom-world/2014/namibia-0#.VEI5f2eSzeA Office of the Ombudsman. (2013). Baseline Study Report on Human 35 Health Professions Councils of Namibia. http://www.hpcna.com/aboutus. Rights in Namibia. http://www.ombudsman.org.na/reports/special-reports/ php finish/4-special-reports/22-2013-baseline-study-report-on-human-rights- in-namibia.

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OutRight Namibia. (2013). Human Rights Report on Lesbian, Gay, Bisexual, Suzanne LaFont. (2011). Monograph 5: Beliefs and Attitudes toward Transgender and Intersex People in Namibia Gender, Sexuality and Traditions amongst Namibian Youth, Legal Assistance Centre. http://www.lac.org.na/projects/grap/Pdf/mono5beliefs. Roseman, M.J., Ahmed, A., & Gatsi-Mallet, J. (2012). “At the hospital there pdf are no human rights”: Reproductive and sexual rights violations of women living with HIV in Namibia. http://www.harvardhumanrights.files.wordpress. com/2012/07/namibia_final.pdf The spread of homosexuality in Southern Africa. Available: https://www. hrw.org/reports/2003/safrica/safriglhrc0303-02.htm Shivute, O. (2014, July 10). LGBTI workshop ends at Ongwediva. The Namibian. US Department of State. (2013). Namibia 2013 Human Rights Report. http://www.state.gov/documents/organization/220354.pdf Social Security Act (1994).

Websites

http://www.lib.ohchr.org/HRBodies/UPR/Documents/Session10/NA/ http://www.sahistory.org.za/places/namibia JS1_JointSubmission-eng.pdf http://www.unicef.org/namibia/UNICEF_2011_Ninnes_Trends_and_Gaps_ http://www.na.undp.org/content/namibia/en/home/ourwork/ final_combined.pdf povertyreduction/overview.html http://www.unicef.org/infobycountry/namibia_statistics.html http://www.npc.gov.na/?wpfb_dl=225