CIVICUS discusses LGBTQI+ rights struggles and the backlash in Namibia with Miguel Gomes Antonio, Executive Director of the Southern African Christian Initiative (SACHI), a regional civil society organisation (CSO) that advocates for social and political development, democracy and good governance, social and economic justice and peace, religious tolerance and interfaith dialogue.

Namibia’s new Marriage Act, signed into law by President Nangolo Mbumba in October 2024, defines marriage strictly as a union between a man and a woman and prohibits same-sex marriages and their recognition, even if legally performed abroad. The law, widely seen as a response to a June court ruling that decriminalised same-sex relations, institutionalises discrimination, violates constitutional principles of equality and dignity and contradicts a 2023 Supreme Court ruling that recognised same-sex marriages for immigration purposes.

How does the new Marriage Act affect LGBTQI+ people in Namibia?

The Marriage Act represents a step backward for LGBTQI+ rights in Namibia. While the June 2024 court ruling decriminalising same-sex relationships offered hope for equality, this new legislation reinforces legal barriers that deny same-sex couples the right to marry. This contradiction highlights the government’s reluctance to fully embrace LGBTQI+ rights, despite the progress made by the courts.

Since the decriminalisation of same-sex relations in June 2024, there have been several reports of targeted attacks that indicate that LGBTQI+ people remain at risk. High suicide rates linked to social exclusion and stigma underscore the human cost of deeply ingrained prejudice. Many incidents of violence go unreported or are dismissed by authorities.

Lack of robust legal safeguards leaves LGBTQI+ people vulnerable, which is why some CSOs are pushing for stronger protections. But for Namibia to move towards genuine equality, legal reforms must be accompanied by changes in public attitudes. Advocacy groups, along with international allies, have a crucial role in fostering a more inclusive society where legal rights are not just symbolic gestures but translate into real-world equality.

Why did the Marriage Act come as a reaction to the decriminalisation ruling?

The ruling that overturned colonial-era laws that criminalised same-sex relationships was a landmark victory for human rights in Namibia. The Marriage Act reveals deep resistance to such steps towards equality. Instead of following the court’s decision with progressive legal reforms, the government introduced a law that continues to deny LGBTQI+ people their rights, in this case the right to marry and associated legal and financial rights. This is not merely a delay in progress – it is an active attempt to restrict LGBTQI+ rights.

Religious fundamentalists and conservative politicians have used their influence to push for policies that contradict the court’s decision, creating an ongoing legal and ideological battle. The refusal to recognise same-sex marriages sends a clear message that LGBTQI+ people are still not seen as equal under the law. This is unacceptable. Legal rights must translate into genuine protections, and the fight for marriage equality must continue.

What roles is SACHI playing in LGBTQI+ rights advocacy?

SACHI has been an ally in the struggle for LGBTQI+ rights since its inception in 2007. Our work spans Angola, Malawi, Mozambique, Namibia, South Africa and Zambia, and includes solidarity and support to Kenya, Nigeria, Tanzania and Uganda. Our advocacy is rooted in the principles of unconditional love, equality and the belief that all people are created in God’s image.

In Namibia, as in other parts of the Southern African region, we have partnered with organisations such as the Action Support Centre for Conflict Transformation, the Arcus Foundation, the Global Interfaith Network, the Human Rights Institute of South Africa, the Inclusive and Affirming Ministries Transformation Network, the Open Society Initiative for Southern Africa, the Southern Africa Litigation Centre and the Women Leadership Centre, as well as numerous local faith-based organisations, to push for LGBTQI+ inclusion. A key example is our involvement in Malawi and Zambia, dating back to 2011. In May 2015 we organised a Conference on Church and Human Rights in Lusaka, Zambia in support of LGBTQI+ people.

However, navigating religious opposition is a major challenge. Fundamentalist and evangelical groups, including Baptist, Seventh-day Adventist and charismatic churches, remain staunch opponents of LGBTQI+ rights and use their influence to justify discriminatory laws such as the Marriage Act. SACHI stands firm with LGBTQI+ communities and works with progressive faith leaders to challenge their narratives.

How do LGBTQI+ rights in Namibia compare to other countries in the region?

Compared to many of its neighbours, Namibia offers a relatively safer and more tolerant environment for LGBTQI+ people. Violent attacks and murders of LGBTQI+ people are less frequent than in other countries. However, this doesn’t mean Namibia is free from discrimination. The most significant challenges often occur in private spaces – within families, communities and workplaces – where exclusion and prejudice are widespread but often go unreported.

Since gaining independence in 1990, Namibia has adopted a more liberal approach than many of its neighbours. LGBTQI+ people can participate in public life without the constant threat of persecution. While acceptance is far from universal, it’s estimated to stand at around 50 per cent of people or slightly higher. Namibia appears more progressive than countries such as Angola, Botswana, Mozambique and Zambia, likely influenced by its democratic system and proximity to South Africa’s more progressive human rights policies.

However, cultural and traditional values still shape negative attitudes. In rural areas, particularly in the north and north-east, LGBTQI+ people face immense societal pressure to conform. This is similar to the situation in South Africa, where urban centres are more accepting but rural communities remain resistant to change.

For Namibia to truly be a leader in human rights in the region, efforts must focus on shifting societal attitudes. Laws alone cannot undo deeply rooted prejudice. Education, advocacy and visibility are key to driving long-term change.

What are the next steps in the struggle for LGBTQI+ rights?

The next frontier is the battle for marriage equality. While decriminalisation was a hard-won victory, the exclusion from marriage denies LGBTQI+ couples fundamental rights, including legal protection, inheritance rights and family recognition.

Legal advocacy groups must challenge the Marriage Act in court, ensuring that the June 2024 ruling is not undermined. Simultaneously, community education and public awareness campaigns are needed to shift societal attitudes. SACHI and its partners will continue to work with progressive religious organisations, advocacy groups and international allies to push for true equality.

The government must choose whether it wants to stand on the right side of history. The world is watching, and LGBTQI+ Namibians will not stop fighting until they are granted the full rights they deserve.