Culture

Namibian court overturns laws banning LGBTQ+

Published

1 week ago

June 21, 2024

It was a victory for advocates of LGBTQ+ after a Namibia High Court on Friday, overturned a colonial law that criminalised gay sex in the country after same-sex campaigners had suffered a number of setbacks in the battle for their rights in recent years.

Namibia had inherited the law banning “sodomy” and “unnatural offences” when it gained independence from South Africa in 1990, and while the ban was rarely enforced, activists said it contributed to discrimination against LGBTQ+ people, including violence by the police.

Friedel Dausab, a Namibian LGBTQ+ activist who instituted the case with support from the UK-based Human Dignity Trust, addressed journalists on the rare court ruling, saying:

“I feel elated. I’m so happy. This really is a landmark judgment, not just for me, but for our democracy.

“I’m sitting next to my mum and we’re hoping that this message filters through to all families, so that kids are no longer estranged. It’s a great day for Namibia. It won’t be a crime to love anymore.”

The judgment which was made by three high court judges, said the laws amounted to unfair discrimination under Namibia’s constitution, noting that the same consensual sexual conduct was not criminalised if it was between a man and a woman.

“What threat does a gay man pose to society, and who must be protected against him?” the lead judge said while delivering judgment.

“We are of the firm view that the enforcement of private moral views of a section of a community (even if they form the majority of that community), which are based to a large extent on nothing more than prejudice, cannot qualify as such a legitimate purpose.”

Over the years, gay rights activists have argued that although prosecutions under the “sodomy” and “unnatural sexual offences” laws were infrequent, these laws have fostered ongoing discrimination against the LGBTQ community and instilled fear of arrest among gay men.

Though Namibia inherited the laws when it gained independence from South Africa in 1990, South Africa has since decriminalised same-sex sexual activity and is the only country on the African continent to allow LGBTQ couples to adopt children, marry and enter civil unions.

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Culture

Egyptian movie Smokey Eyes to compete at 5th Amman Int’l Film Festival

Published

4 hours ago

June 30, 2024

Isaac Dachen

Egyptian thriller, “Smokey Eyes”, is set to compete at the 5th Amman International Film Festival which will hold in Jordan from July 3rd to 11th.

“Smokey Eyes”, which was directed by one of Egypt’s top directors, Ali Ali, will feature in the Arab Short Films Competition which will be a tough fight for movies in the MENA region.

“Smokey Eyes” which already had its world premiere at the Red Sea International Film Festival, is a story that delves into the aftermath of the 2011 Egyptian uprising, addressing social issues such as police brutality, religious tensions, and restricted freedoms for women.

The thriller also marks the acting debut of Egyptian rapper, Marwan Moussa, and follows the character Nour, whose planned date night in Cairo is disrupted by unforeseen events.

“Smokey Eyes” also stars Malak Bazid, Marwan Moussa, Hassan Abouelrouss, Nourine Abouseada and Mohamed Aboughali.

Directed by Ali and written by Nancy Ali, it features cinematography by Pierre Mouarkech and editing by Nada Zag and was produced by Khaled Zaki of Good People Films produced the film, with a soundtrack composed by Sary Hany.

Ali Ali is probably Egypt’s number one film director and co-founder of Good People Films who transitioned from being a computer engineer to pursuing his passion for storytelling through film.

He made his directorial debut in advertising with the popular NEVER SAY NO TO PANDA ad, which amassed 100m YouTube views and earned him the prestigious Gold Lion Award at Cannes.

Throughout his career, Ali has garnered numerous accolades, including four coveted Yellow Pencils in Direction from London’s D&AD and over eight Gold Lions from Cannes.

He has also served as the President of the Direction Jury at London’s D&AD Awards in 2020, a member of the Film Jury at Cannes Lions International Festival in 2023, and has been recognized as one of the Ten Most Influential Advertising Directors in the World Today by Adweek and the Gunn Report.

Culture

Malawi court dismisses suit seeking to legalise same-sex marriage

Published

1 day ago

June 29, 2024

Isaac Dachen

Malawi’s apex court, the Constitutional Court, has dismissed a case filed by two applicants who wanted it to legalize same-sex marriages in the country.

The applicants, Jan Willem Akster from the Netherlands and a Malawian transgender man, Jana Gonani, had brought their case to the Constitutional Court for interpretation of Malawi’s anti-homosexuality laws following their arrest in 2021.

While Akster is currently facing nine charges of sexual abuse and sodomy, Gonani is charged with unnatural offenses.

In filing the application, the duo opined that Malawi’s laws violate their fundamental rights, including a right to privacy and dignity.

However in delivering judgement on the application on Friday, Judges Joseph Chigona, Vikochi Chima and Chimbizgani Kacheche rejected their arguments.

The lead judge, Chigona said the applicants failed to bring evidence of how the provisions in the country’s laws discriminated against homosexuals.

Chigona also said Akster failed to prove that Malawi’s laws violated his right to health.

“The first applicant was asked in a cross examination if he had ever accessed a public hospital and replied that he had gone to Zomba Central Hospital after he had been involved in a car accident,” Chigona said.

“When he was asked about his experience there, especially if he was asked about his sexual orientation before he was assisted, he said he was not.

“He actually said that he was medically assisted so well. The only complaint he had about the facility were spiders in the ward.”

Chigona said the court had also dismissed claims that Malawi police violated Gonani’s right to privacy when they ordered him to undress, to confirm his claims that he was transgender.

“We know that by Section 24 of Criminal Procedure and Evidence Code that police are empowered to search a suspect who is reasonably suspected of having committed a particular offense and who has been arrested,” the judge said.

“The caveat is that the search only extends as it is reasonably required for discovering a thing upon this person in connection to the offenses he was suspected of.”

After delivering the judgement, Chigona said the applicants were free to ask parliament to amend the country’s homosexuality laws if they were not satisfied with its judgment.

The judgment means homosexuality remains an offense in Malawi, punishable by a maximum prison sentence of 14 years.

Defense attorney Bob Chimkango who expressed his disappointment the the ruling, said:

“To be honest, we are satisfied with the process, but the only thing that we may not be agreeing with is the judgment itself.

“But it’s too early to comment as you will notice it’s a 135-page document. We were just listening — we were not working on it. So we will be waiting for it to be given to us, analyze it and then advise the client accordingly.”