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22.02.2023 - 18:57 / mambaonline.com
Festus Mbandeka, the Attorney General of Namibia, has described homosexuality as unacceptable and immoral in a bid to uphold the country’s discriminatory ban on same-sex sexuality.
Mbandeka made the statement in an affidavit submitted to the Windhoek High Court in response to a case lodged by activist Friedel Dausab challenging the constitutionality of laws that criminalise sodomy.
“For many Namibians, homosexual conduct is immoral and unacceptable. I deny that the mere existence of the sodomy law promotes the stigmatisation of gay men,” Mbandeka asserted, reported The Namibia.
“If these men suffer any stigma it is in consequence of their choice to engage in sexual conduct considered to be morally taboo in our society,” he added.
The organisation Sister Namibia said that Mbandeka’s claim about the public’s beliefs on homosexuality was made “without evidence” and argued that, in any case, “majority beliefs cannot deprive a minority of their rights”.
The group added that “we are tired of saying this, but sexual orientation is not a choice.”
According to the organisation Namibia Equal Rights Movement, 64 sodomy arrests were made between 2003 and 2019, although these “offences” were rarely enforced or prosecuted.
“Nonetheless, the existence of the sodomy law underpins and is seen as justifying discrimination against LGBTIQ+ people in Namibia,” said the group.
“It is also used as an excuse to not introduce public health measures and to remove sexual orientation as a prohibited ground of discrimination for the 2004 Labour Act.”
In 2021, Namibia’s Law Reform and Development Commission recommended that the government abolish the country’s sodomy laws . The commission said that “The continued existence of this law cannot be
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