Amnesty International called on the Government of Namibia to ensure the safety of LGBTQ persons Wednesday ahead of a major decision by the country’s High Court. The High Court is expected to make a verdict on June 21 in a case involving sodomy and unnatural offenses laws dating back to the colonial era that criminalize same-sex conduct. 

LGBTQ activist Friedel Dausab, who advocate Gilbert Markus is representing, filed the case, Dausab v Minister of Justice and Others, in June 2022. The court heard closing arguments in October of last year.

This landmark decision will come a year after the Supreme Court of Namibia in May 2023 decided to recognize foreign same-sex marriages, but Amnesty observed an increase in homophobic incidents since the decision. In June 2023, Namibia’s parliament passed legislation restricting the right to marriage equality for LGBTQ people, defining marriage as a union between a man and a woman. The legislation has met opposition from LGBTQ activists who have called on the president to veto it.

Amnesty urged authorities to protect LGBTQ persons from harassment, violence, or discrimination based on sexual orientation or gender identity after the organization reported an increase in the rhetoric threatening LGBTQ persons. Some of the harassment includes violent cyber-attacks and online harassment. According to Amnesty, the surge in the anti-LGBTQ epithets has been primarily driven by faith and religious leaders.

As the country awaits the high court’s ruling, Amnesty has also stressed the necessity to prevent human rights violations against LGBTQ persons amid growing tensions. Khanyo Farise, Amnesty International’s Deputy Regional Director for East and Southern Africa emphasized that:

Whatever the outcome of the High Court decision on 21 June, violence and discrimination against LGBTI people has no place in Namibian society. Authorities should take decisive action to prevent human rights violations against LGBTI persons and hold perpetrators accountable.