The prohibition of same sex marriages and its implications for Namibia's obligations in terms of the constitution, various international and regional human rigts instruments

Abstract

Abstract provided by author

The homosexuality phenomenon has for a long time in memorial been rejected by many African countries and Namibia is not an exception. Most African countries view this phenomenon as a European concept and hence the rebellion of African states of European oppression in the colonial ages, this has lead them to reject homosexuality. Homosexuality is said to be against the basic institutions and foundations of society and the family respectively and the laws of God, hence the famous saying that "God created Adam and Eve and not Adam and Steve."[1] Homosexuality is thus seen as an evil in the society. Conversely due to modernisation and emergence of the concept of Human Rights, the Bill of rights and other international law treaties, a different dimension to the views against homosexuality have developed. The ever-increasing emergence of fundamental human rights has resulted in the acceptance of many countries including African countries of the conceptualization of homosexuality. Consequently in many countries, homosexual marriages and other relations are accepted by the institutions of the state and by society. Namibia, however remains an exception and homosexuality in Namibia is not accepted or recognised by the state. This has resulted in questions whether Namibia is not violating its obligations under international law and its constitution in which the Bill of Rights is entrenched. The case of Elizabeth Frank v. Minister of Home Affairs and Immigration dealt with the issue of homosexuality, however, can it be correctly held that the case changed the Namibian perception with regards to the conceptualization of homosexuality? Advance studies in this area can focus on the need to legalise homosexual relationships or marriages and the contents of legislation to that effect