Namibia Gives Condition To Recognise Same-Sxx Marriages | READ DETAILS
Faith Ukanwa
May 17, 2023
Namibia Gives Condition To Recognise Same-Sxx Marriages | READ DETAILS
Namibia's Supreme Court ruled on Tuesday that the government must recognise the unions of same-sex couples who married in countries where it was legal for them to do so, even though same-s-ex marriage remains illegal in Namibia itself.
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The ruling, which drew mixed reactions in the socially conservative country, was in sharp contrast to developments in Uganda, where one of the world's most draconian anti-LGBT laws is expected to come into force imminently.
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The Namibian case stemmed from the residency applications of a German woman who married a Namibian woman in Germany, and of a South African man who married a Namibian man in South Africa, the only country on the continent that allows same-s-ex marriage.
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The government refused to give the non-Namibian spouses residency rights in the country, on the grounds that their marriages could not be recognised in Namibia, which prompted them to take legal action.
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"The approach of the (interior) ministry to exclude spouses...in a validly concluded same-se-x marriage ... infringes both their interrelated rights to dignity and equality," the Supreme Court said.
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A spokesperson for the interior ministry did not immediately respond to a request for comment.
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Gay rights activist Linda Baumann welcomed the ruling as a step in the right direction.
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"Today's verdict and outcome clearly indicates that Namibia is moving towards recognising diversity in this country irrespective of people's political or social positioning," she said.
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But an opposition political party, Namibia Economic Freedom Fighters, said the Supreme Court was forcing foreign cultural views on Namibians - echoing arguments raised by other African opponents of LGBT rights who call them "un-African".
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Se-xual contact between men is a criminal offence in Namibia, though the law is seldom enforced.
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Like Namibia, many other African nations still ban same-se-x relationships, with couples risking jail and public scorn.
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— Faith Ukanwa