The legislation, aimed at challenging a previous Supreme Court ruling that allowed the recognition of certain foreign unions, encountered no opposition during its passage. However, for the law to take effect, it still requires endorsement from the lower house and must be promulgated by President Hage Geingob.
During the parliamentary session, Elder Filipe, a member of the ruling SWAPO party, expressed his support for the measure, asserting, "The marital union is between a man and a woman, and that must be respected."
The text of the new law defines "marriage" as a union "between persons of opposite sexes" and "spouse" as "half of a legal union between two persons born genetically male and female." Furthermore, it explicitly states that marriages between same-sex couples conducted abroad will not be recognised in Namibia.
However, the most contentious aspect of the legislation lies in the severe penalties it imposes on those involved in same-sex marriages. Anyone found guilty of solemnizing, participating in, promoting, or advertising such unions could face imprisonment for up to six years and a fine of up to 100,000 Namibian dollars ($5,500).
For the LGBTQ rights community, this law feels like a direct attack on their dignity and humanity. Zindri Swartz, a prominent LGBTQ rights activist, expressed her concern, saying, "It is a gross violation of our dignity and humanity."
Namibia already has an archaic 1927 sodomy law prohibiting sex between homosexuals, although it is rarely enforced. Despite this, the country has witnessed a series of legal battles in recent years regarding the rights of same-sex couples to marry, become parents, and immigrate.
In May, the Supreme Court ruled that same-sex marriages between Namibian citizens and foreigners performed overseas should be recognised. This landmark decision has sparked backlash from conservative circles in the country, which is predominantly Christian and known for its stunning wildlife and natural attractions, making it a popular tourist destination.
As the new law now awaits endorsement and final approval, it remains a matter of deep concern for the LGBTQ community and their supporters, who fear their rights being curtailed in the name of tradition and conservative values. The debate over same-sex rights in Namibia is far from over, and it continues to draw attention both domestically and internationally.
