Namibia has made history with the country’s Supreme Court issuing a landmark ruling to recognize same-sex marriages performed abroad. This ruling has brought about a long-awaited victory for Namibians and their foreign spouses, who had previously faced the dire possibility of deportation and the denial of benefits due to their marriages being unrecognised by the state.
It was the result of a litigation brought forth by two binational couples, one married in Germany and another married in South Africa who had subsequently settled in Namibia. Contrary to the prevailing law, which had declined to recognize foreign same-sex unions, the couples’ foreign spouses were denied residency permits.
Due to this, couples were forced into a situation that forced them to either permanently leave the country or be forced to live apart. This caused much heartache and distress for these couples and members of the LGBTQ community in Namibia.
However, the High Court, one level below the Supreme Court, intervened in 2022 and while they were unable to grant the rights due to existing precedent, they expressed their indignation at the discrimination against same-sex couples, sparking hope among members of the community.
Finally, the Supreme Court has made this significant ruling which will ensure that foreign same-sex couples will now be spotted with the same rights as heterosexual couples. This will allow same-sex couples to stay together while obtaining benefits that were once denied, such as residence permits.
The court’s ruling came down to the simple point that discrimination on the basis of gender or sexual identity is unacceptable and that constitutional protection should be extended to same-sex couples under the Charter of Rights.
There is no doubt that this decision is a major coup for the advancement of the LGBTQ rights in Namibia. This ruling not only highlights the country’s commitment to equality and human rights but is also seen as a positive step in celebrating diversity and inclusivity. It is expected that this ruling will have a domino effect in other countries within Africa and beyond.
The work of achieving full human rights for people of all sexual orientations and gender identities is far from complete. Despite this, the ruling by the Supreme Court of Namibia this month represents a major leap forward in the movement for global LGBTIQ+ rights.
The Supreme Court agreed that their rights had been violated, finding that the discriminatory provisions of the Immigration Control Act violated the constitutional guarantees of dignity and equality. At the heart of the case was the issue of whether Namibian authorities should recognize an overseas same-sex marriage for the purposes of immigration. In reaching its decision, the court found that denying the recognition of overseas same-sex marriage was unjust.
The court’s decision is significant because it sets an important legal precedent in the region and acknowledges the potential of global LGBTIQ+ rights. Though it does not offer full equality in Namibia, whose laws continue to criminalise same-sex activity, the ruling acknowledges that the marriages of binational same-sex couples should be respected for the practical purpose of immigration. This not only allows couples to remain and build a life together in Namibia but also signals a movement toward greater acceptance of LGBTIQ+ rights in Namibia and beyond.
