what happened last week in Asia, Africa and the Americas

Hey, this is Sham Jaff, your very own news curator. Each week, I highlight some of the biggest stories from regions and countries that are historically underreported in "Western media". My goal is to burst our Western-centric bubbles, and expand the view we hold of the world. Questions, comments, concerns? You can reach me anytime by replying to this mail. And if this newsletter was forwarded to you, you can sign up at whathappenedlastweek.com.

In Issue #385, I’m highlighting some fantastic wins for LGBTQ+ rights in Namibia – during Pride Month, too. I'm going to be honest, writing this week's issue was a bit tough. Last week saw many climate-related deaths worldwide. Covering these climate impacts regularly takes a mental toll on me. My way of coping is to hunt for positive and progressive stories. They might not balance everything out, but they give me a different perspective on the world.

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Namibia court says laws banning gay sex unconstitutional

What happened
Big news from Namibia! The Namibian reports that the High Court has just ruled that two old colonial-era laws that criminalized sex between men are unconstitutional.

Why this matters:
This is a massive win for the LGBTQ+ community in Namibia and beyond. Even though convictions under these laws were rare, they have long perpetuated discrimination and fear among gay men in the country.

Tell me more
The case that sparked this change was filed in June 2022 by Namibian activist Friedel Dausab, with backing from the UK-based Human Dignity Trust. The High Court in Windhoek declared the common law offense of sodomy unconstitutional, as well as the law banning "unnatural sexual offenses." Dausab expressed relief, saying, "Because of this decision, I no longer feel like a criminal on the run in my own country simply because of who I am." The judges at the court said that calling homosexuality "an abominable vice" is just based on prejudice and personal dislike. They noted that most people can't really explain why they hold such views and often just repeat what their neighbors say.

Details: The Human Dignity Trust offers a comprehensive overview of the case, detailing Dausab's arguments against these outdated laws.

What did the government say to this rule?
Attorney General Festus Mbandeka opposed Dausab's application on behalf of the government. In an affidavit filed at the High Court, Mbandeka stated that public opinion in Namibia hasn't yet reached a point where people, through their elected representatives, have decided to repeal laws against homosexual conduct. He also argued that the Constitution's article on equality and freedom from discrimination does not specifically include sexual orientation as a protected ground.

Where do these laws actually come from?
Namibia inherited these laws when it gained independence from South Africa in 1990. Originally, same-sex acts between men were criminalized under Roman-Dutch common law during colonial rule. Interestingly, South Africa has since decriminalized same-sex sexual activity and is the only African country that allows LGBTQ+ couples to marry, enter civil unions, and adopt children.

How are LGBTQ+ people being treated in Namibia?
In Namibia, LGBTQ+ rights are slowly improving, but there are still many hurdles, as Amnesty International writes. The Supreme Court recently ruled that same-sex marriages performed abroad must be recognized for immigration purposes, meaning same-sex spouses can live in Namibia just like opposite-sex spouses. However, same-sex marriages still can't be performed in Namibia, and there's no clear law protecting against discrimination based on sexual orientation.

In June 2023, Namibia's parliament passed two strict bills defining marriage as only between a man and a woman. These bills also discriminate against trans people and criminalize supporting same-sex unions with heavy fines and prison time. Activists say that police have been cracking down on LGBTQ+ gatherings while allowing religious ones. Amnesty International has reported an increase in cyber-attacks and harassment against LGBTQ+ people, especially before the 2024 elections.

What’s the status quo on LGBTQ+ rights in Africa?
Out of Africa's 54 countries, 22 have legalized same-sex relationships. South Africa leads the pack, legalizing same-sex marriage in 2006 and allowing civil unions and adoption for LGBTQ+ couples. Lesotho decriminalized same-sex relationships in 2012, enhancing access to HIV prevention and treatment. Mozambique followed in 2015, scrapping a colonial-era law against "vices against nature." Seychelles updated its penal code in 2016 to decriminalize same-sex acts. Botswana's High Court overturned old laws in 2019, while Gabon reversed its criminalization in 2020. Angola joined in 2021, replacing colonial-era laws and punishing discrimination based on sexual orientation. Recently, Mauritius decriminalized same-sex relationships in October 2023. These changes signal a positive trend for LGBTQ+ rights in parts of Africa, even though significant challenges and widespread anti-LGBTQ+ sentiment remain.

To stay updated on LGBTQ+ rights in Africa, follow these activists and organizations on social media:

EqualNamibia – Focuses on LGBTQ+ news and voices from Namibia (X, Instagram) (They're so under-followed. Feel welcome to share their joy and pride with your followers this Pride Month.)
Frank Mugisha - A prominent LGBTQ+ activist from Uganda, known for his advocacy and leadership in the LGBTQ+ community. (X)
Bisi Alimi - Nigerian LGBTQ+ rights activist, public speaker, and founder of the Bisi Alimi Foundation. (Instagram)
OutRight Action International - Works at a global level to advance the human rights of LGBTQ+ people. (Instagram)
The Initiative for Equal Rights (TIERs) - Nigerian organization focusing on promoting and protecting the rights of sexual minorities. (X)
Pan Africa ILGA (International Lesbian, Gay, Bisexual, Trans and Intersex Association) - Works on the continent to coordinate LGBTQ+ advocacy efforts. (X)

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