Abstract:
The study undertaken adopts an analytical and reform-oriented approach to the problem of homophobic rape of LBQ+ women in Namibia. The analytical approach to the issue at hand is adopted to understand the phenomenon in light of the human rights of LBQ+ women affected, as well as the obligations borne by the State to eradicate the conversion practice and provide adequate protection to LBQ+ women in Namibia from instances of homophobic rape. Reference is made to the various human rights provisions as they stem from international and regional human rights instruments, with particular attention being afforded to the Resolution on Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation or Gender Identity by the African Commission on Human and Peoples’ Rights (Resolution 275). In building on the understanding gained from employing the analytical approach, the study is further reform-oriented in that it provides well-grounded recommendations for law reform in order to combat homophobic rape of LBQ+ women in Namibia efficiently and further ensure the protection of the applicable human rights of LBQ+ women and the discharging of the human rights obligations that the State holds towards the aforementioned women.