The Swakopmund Protocol was created to make sure that Africans are the beneficiaries of all African Traditional Knowledge and it’s the central player in our latest exploration of rights in the series, Africa for Africans. We’re diving into works by some artists who have been using these intellectual property rights to pay homage to their cultures and contribute to the evolution of folk telling.
In a nutshell, this protocol was developed by the African Regional Intellectual Property Organization (ARIPO), with the goal of allowing customary groups to have their traditional knowledge and expressions of folklore protected. The colonial era brought about the consequence of demonizing African lore. All of a sudden stories that had been shared for educational purposes, entertainment and community building became sub-par. It’s no secret that such systemic changes had greater, long lasting impacts. Some notable impacts are biopiracy, the false retelling of local knowledge by invaders, and a forced depersonalization of cultural identities.
Protecting the knowledge and how it is expressed and who gets to express in allows African groups to reclaim narratives and forge new, desired identities. In this legal tool, “expressions” include:
verbal expressions, such as stories, epics, legends, poetry, riddles and other narratives such as signs, words, symbols and names;
musical expressions, such as songs and instrumental music;
expressions by movement, such as dances, plays, rituals and other performances, whether or not reduced to a material form; and
tangible expressions, such as productions of art, in particular, drawings, designs, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metal ware, jewellery, basketry, needlework, textiles, glassware, carpets, costumes, handicrafts, musical instruments and architectural forms.
ARIPO was established in 1976 in Lusaka, to specifically regulate and address the intellectual property rights of Africans. Soon after this, the Harare protocol was created in 1982, giving special attention to patents and industrial designs. Following this was the Banjul Protocol of 1993 which addressed trademarks and service marks.
Neither addressed traditional knowledge and folklore. In 2004 ARIPO sought assistance from the World Intellectual Property Organisation seeking assistance with formulating a legal tool that could address this. After all, traditional stories, lore, music and art are aspects of cultural identities and are not like other creative works that can be copywritten and attributed to specific, clearly identifiable, individual artists.
So, the Swakopmund Protocol was created to address the need to protect traditional knowledge and folklore in August 2010. There are still some conflicts surrounding rights over traditional knowledge, like ownership of brewing processes or rock painting styles that stretch across different cultures, these aspects are still being worked around and well dive into them more in upcoming releases. This introductory post gives a brief glance at this tool, stay tuned as we talk more about how this has helped in the development of Afrofuturism, contemporary artworks and economic development in different African countries.
Uno and Hatago is an aptly timed production. It was largely marketed as a lesbian film, and it is, but it goes beyond that by addressing harmful cultural practices and promoting unity.
Uno and Hatago follows the story of a nurse, Uno, played by Diana Master, who’s world suddenly crashes when her family finds out about her sexual orientation. Up until then, Uno had been living in Windhoek with her partner Hatago, a feminist and LGBTQ+ rights activist played by Uakamburuavi Jeomba.
Patriarchy, Family Secrets and Tradition
The film is centered on how Uno’s family of OvaHerero traditionalists react to finding out that she is a lesbian woman. The traditionalism is explored from two ends. First is the ‘traditionalist’ idea that lesbianism is not acceptable or that is something foreign, and second is a traditionalism which acknowledges that lesbian women (and other members of the LGBTQ+ community) have always existed in Namibia and that true tradition is that this is not unAfrican.
The patriarchal nature of the first perspective is perfectly portrayed by Uno’s uncle, played by Mervin Cheez Uahupirapi, and her father, played by Lesley Tjiueza. These two played these characters so well, I left the theatre with so much animosity for fictional characters. The way they are written doesn’t stretch far from reality at all, the audience is likely to think of characters in their own lives who are like these two.
We meet Uno’s uncle during an intimate gathering at a restaurant, where they (Uno, Hatago and a few of their friends), have gone to celebrate Uno’s graduation. During that same night, Uno’s uncle is having dinner with his girlfriend, an extra-marital partner. His girlfriend insists on taking a picture of him, and as he protests this, he notices that she also captured his niece, Uno, kissing a woman right behind him. Suddenly his focus turns away from the possibility of being caught cheating to excitement having caught his niece in what he considers to be a cultural ‘sin’. He asks his girlfriend to share this picture with him and takes it to her father under the guise of taking immediate action to save the family’s reputation. His solution to this is to marry her off to Tove, his nephew with seemingly low marital prospects. The two agree on a dowry that Uno’s father can pay and thereafter, call Uno to the homestead to tell her that they found out about her ‘city life antics’ and about the marriage they have organized for her. In line with unspoken cultural norms, this uncle sexually assaults Uno to ‘prepare her’ for marriage.
Her father shows pride in his recently graduated daughter for her qualifications before completely discarding that in favour of viewing her as a shameful person. From the moment he finds out that his daughter is a lesbian, he focuses on hiding this “shame.” Essentially, it seems like, she is not truly successful if she does not let a man dominate her. He expresses this more by defending her uncle and disowning her after she reports the assault and carries on her relationship with Hatago. Embracing her lesbianism is a rebellion against the idea that she is not a real woman if she is not in a relationship with a man, just as being gay may be falsely viewed as not ‘real manhood’ if one is not dominant over a woman.
This form of ‘traditionalism’ which focuses on filling heteronormative and patriarchal templates completely undermines that dignity of women and this film explores this in a realistic way. The fact that Uno’s uncle was cheating is a non-issue while Uno’s committed and healthy relationship is. The fact that he has violated his niece is less of an issue than the fact that she is a lesbian, even to the police officer who recieves the matter.
It is Uno’s grandmother who sheds light on another of the other view of ‘traditionalism.’ The idea that lesbianism has always existed and that assault on women is an unacceptable norm. She helps Uno escape and return to the city after finding out that her uncle has attacked her, and the film ends with her sharing a story of a same-sex partner that she had before being married off to her husband. She shares about the grief she experienced when that partner passed away and the pain she felt not being able to express the extent of that grief given the nature of their relationship. She emphasizes togetherness through love and acceptance within a family, rather than allowing harm to go on, in the name of protecting family honour. She frames honour as being something that can come from showing up for each other rather than maintaining socially imposed images. In this case, the images of the ‘macho men’ and ‘high achieving, good girl daughter.’
Uno’s mother starts off with a similar stance to that of her husband. Rejecting her daughter because of her sexual orientation. However she gradually leans towards accepting her daughter after seeing that her family is becoming torn apart because of this, and worse still, that Uno’s sexual orientation has not stopped her from becoming a productive, successful and helpful member of society, or from having a child. Throughout the film, she maintains a regal and stoic disposition, not showing affection and avoiding vulnerability until it becomes clear that her husband’s stubbornness may force Uno to completely cut them off. This may have also been amplified when she meets her daughters mother-in-law, Buruxa (I hope I spelt that right), who shows unconditional love, encouragement and acceptance to Uno. Buruxa is the mother Uno needed and this may not have landed well with Uno’s biological mother. Soon enough, she takes on the grandmother’s stance, to lean into love and acceptance, while maintaining her rigid mannerisms. The character doesn’t change drastically, but in subtle ways like inviting Uno home and making her tea, and in her most expressive moment when she stands up for Uno to her husband, pointing out that his pursuit of family honour is fueled by hatred and that this is not the kind of family that can stay together for very long. She seems to represent anyone who has experienced this changing of perspectives, from a tradition rejection to one of radical acceptance.
Criticisms
Unfortunately we do not get to see Uno’s mother reacting to the assault and we do not get to see her express pride in her daughter’s achievements. We just see her expressing a whole lot of disappointment and coldness. Which can bring up the question of whether her distant nature is just who she is or if it came as a result of finding out that her daughter is a lesbian. Sure, Uno becomes tense when she notices that her mother is upset with her but the inexpressiveness seems to continue even after they have made amends, and seems to be there when Uno’s grandmother shares her story. It is not clear if we should expect affection from this woman if this is the personality she has always had or if she has taken on this persona as a reaction to Uno being a lesbian.
With the exception of Uno and Hatago’s friends whose cultural backgrounds and sexual orientations remain a mystery, the OtjiHerero heterosexual women we meet are all homophobic. On the other end of the scale, Buruxa, the only other woman we meet who is accepting of Uno and Hatago’s relationship, is of Damara heritage. Her sexual orientation doesn’t come up, but there would have been some reality balance in seeing a non-Herero speaking homophobe or a non-LGBTQ+, OtjiHerero speaking ally. This may come off as pitting the two customary groups against each other in how they view LGBTQ+ issues given that Namibia has the added context of tribalism and these two groups are mentioned on opposing ends of this issue. (But then again, the existence of this dynamic in this one story doesn’t mean there’s no alternative dynamic elsewhere, so don’t miss the plot by centralizing these criticisms)
Conclusion
More LGBTQ+ stories are needed in media, especially one’s like this one that humanize same-sex partners. Homophobia is just dispensed without consideration for the humanity of the people being attacked and the fact that they too are members of society (Just scroll through the comments section of any LGBTQ+ related post on the Namibian pages, it’s a mess). Beyond this, the authenticity of LGBTQ+ stories told by a predominantly LGBTQ+ production team didn’t go past any of the audience members, and likely contributed to how impactful the overall story is. The story touches on other themes that are not LGBTQ+ centric such as family, harmful cultural practices, civic action, women’s rights, gender norms and romance (I didn’t get into it but Hatago is such a supportive and loving partner, they’re a wholesome couple which makes it so much easier to root for them. The way their relationship is depicted is enjoyable and if not for the political aspect of this movie, you may want to watch it for the romance story.)
On the 21st of June 2024 the High Court of Namibia ruled in favour of declaring the sodomy law unconstitutional in the case of Dausab v the Government of Namibia. This follows years of activism alongside a steadily rising amount of homophobic attacks and an Anti-Gay Bill. We are in a pride revolution and here’s why its an important step against colonialism and genocide…
What does this have to do with colonialism?
Before colonialism, being gay was a norm. This sounds like a taboo to many who have fed into the false idea that tradition justifies homophobia. In many African countries, the word “gay” was normal enough to acquire its own title. For example; Eshenge in OshiWambo, Ngochani in ChiShona and Adofuro in Yoruba.
In the Namibian Ovambo cultural context it was believed that these men simply possessed a feminine spirits and were regular members of the community rather than ostracized minorities. German anthropologist Kurt Falk confirmed this during the 1920s having spent time with several Namibian tribes, including the Ovambo, OvaHerero, Nama and Himba. Ethnologist, Carlos Estermann supported this during the 1970’s and added that it was a culturally acknowledged ‘third gender’. The very first anti-homosexual trial was conducted under the German colonial rule. Four German men were banished for having defied paragraph 145 of the German Code which outlawed sodomy. This outlawing of sodomy was carried on by the South African colonial regime after taking over Namibia as a protectorate. If it isn’t already clear, the anti-homosexual laws were not born of tradition but of colonialism.
Over time, the colonial effect of self-rejection (a phenomenon whereby subjects to colonialism consciously reject colonialism but have learned to look down on their ethnic origins, cultural groups, cultures and customs) included a rejection of the LGBTQ+ community. Colonialism left in its wake, many with the idea that “all are equal but some more equal than others.” In our context, this idea from George Orwell’s animal farm wasn’t limited to just financial pursuits, but to the pursuit of love and happiness as well. A 2013 baseline study revealed that about 73% of nmaibians were under the impression that members of the LGBTQ+ community were accorded equal rights. This has not been true since the pre-colonial era. It has since become more evident that many are more aware of their own rights than those of others. So when words like moffie are blurted out in the same tone as the word nigger or kaffer , it is easy to play it off as common rhetoric despite the fact that such terms are intended to humiliate and undermine an entire group of people for natural differences that they have no control over. Worse still, many have used these rhetorics and the laws supporting them to justify their violence and hatred, and further to pervert religion to suit these hateful narratives in the name if dispensing justice for God’s wrath. But that’s another conversation. In short, the same way colonial laws emboldened racist attacks, is the same way anti-homosexual laws embolden homophobic attacks. The same way racism was rationalized to seem like something morally acceptable, is the same way homophobia is rationalized to seem like the more morally acceptable stance. It is not.
The Dausab v Government of Namibia Judgement
Fortunately many LGBTQ+ people and allies have taken a stand against these senselessly exclusive laws. Everyone should have the opportunity to freely pursue romantic relationships. Human rights are a core aspect of the Namibian Constitution and are found in Chapter three. These have been developed with various religious and ethical concepts in mind, with the goal of ensuring that the law treats us all fairly. That we treat each other fairly.
The court in this case had to deliberate on three issues that relate to this;
Whether the sodomy law violates the right to equality (Article 10(1))
Whether the criminalization of same-sex relationships between men serves a justifiable purpose
The balance between the interests of society and the interests of gay men
A few interesting points came up during the discussion that led to the decision that the sodomy law is unconstitutional. These are that;
If the same act takes place between men and women, it is not criminalized, which means that this law targets and unfairly discriminates against men on the basis of gender.
This law does not serve a legitimate purpose. The moralistic justification that sex between men is unnatural is subjectively held by people whose rights are not infringed by the existence of these consensual relationships. Upholding these peoples morals over those directly affected by this law goes against the principle of democracy.
Outlawing these men’s private relationships is irrational and serves no justifiable purpose.
Although the discrimination differentiating heterosexual men from homosexual men is not covered by the grounds listed in article 10, it still amounts to unfair discrimination.
This landmark judgement has made room for more Africans to enjoy their sovereignty within the continent. If we keep moving in this direction, LGBTQ+ may not be discouraged from living and thriving in their own continent, and in turn, will not move away from helping their continent thrive. LGBTQ+ rights are human rights. Let’s change the statutory provisions to make them more inclusive of LGBTQ+ people.
Figure 1: President Nangolo Mbumba (Left) and Vice-President Netumbo Nandi-Ndaitwah (Right)
The former president, Hage G Geingob is to be buried on Sunday the 25th of February 2023, as we draw nearer to the day, more and more people are curious about who this man was, the legacy he left and the successor to his office. In what turned out to be nearly clandestine, the Zenze page got access to the inauguration of the vice president who is being elected in accordance with Article 34 of the constitution of Namibia.
Article 34 requires the vice-president to take over as the interim president in circumstances such as the present one. President Mbumba will be the interim president until a new president is elected.
The Zenze team is no island to this curiosity, and so on the 4th of February 2024 a teammate found herself at this inauguration, hearing about the man, the legacy and the successor from some of those who were closest to him would beat a Google search rabbit-hole. It was without a doubt the type of nerve wrecking adventure for the young journalist, that makes it into an individuals’ “Hi, that’s me, I bet you’re wondering how I got here…” life reels. The room was top-full of dignitaries, head-officials from the NDF, Correctional Services and Police, not to mention members of the very slight 1% in Namibia.
“I just wore the face of someone who was meant to be in the room, broken camera in one hand and a phone on just 2% in the other…I just knew I had to be there,” she recounted a story that’ll make a good analogy for overcoming imposter syndrome someday. None apart from a keen-eyed correctional services official questioned her presence there after noticing that her camera wasn’t working. The room was sullen, sure, a new leader was being promoted, a woman becoming the first female vice-president of the nation, the occasion had all the elements of a celebration, but the circumstances that led to this were the undertone of the entire proceeding.
The somberness of it all was unavoidable, with congratulations delivered in light of shoes that needed to be filled rather than a new job attained. To say, “no pressure,” to President Mbumba would be like pointing at the eggshells surrounding his current role, and to say that to the newly elected Vice-President Netumbo Nandi-Ndaitwah, the first female vice-president of Namibia would be like telling her “hey, there’s a nail under one of these eggshells you’re treading on.” President Nangolo Mbumba has said that he will not be running for office in the November 2024 elections, and further added that even though he’s become president, he’d only ever dreamt of becoming a school principal, when they say “trust the journey” it’s because of stuff like this, you never really know how far that trust can take you, a title humbly claimed in light of the departure of his predecessor. Vice-President Nandi-Ndaitwah additionally takes up the role of the new presidential candidate for the South West Africa People’s Organisation (SWAPO).
The Minister of Information Communication and Technology has announced that President Hage G Geingob will be buried at the Heroes Acre in Windhoek on Sunday 25 February and the event is set to be broadcasted to the nation. Presidential elections will be held in November 2024 and youths all across the nation are becoming engaged in civic action and voters are highly encouraged to go through the manifestos of the parties to make informed decisions as voters.
Follow us on instagram @zenze_blog for more updates on what we’re up to and listen here for the latest podcast episode.
The third President of Namibia, Dr Hage Geingob passed away recently on the 4th of January 2024. The news followed updates on treatment for cancer that had been taking place in the days leading up to his passing. While his office was laced with evidence of corruption, his leadership upheld the type of Pan-Africanism that seeks to unite. One mark of this was his endorsement of the abolishment of the Namibia and Botswana use of passports which contributes to the Pan-African United Africa vision. Let’s take a look at some of the great work he carried out to feed into this vision:
A progressive constitution
The Constitution of Namibia was finalized in 1990 soon after Namibia had gained its independence amongst its chief contributors was the former president Dr Hage Geingob. The Constitution has been credited for the largely inclusive principles that it is based on as well as being as a well crafted guiding tool for the nation.
This attitude has not gone unnoticed. On Friday the 9th of February, a vigil is being held in his honour by the LGBTQ+ community.
Charisma Charisma Charisma
While politics and corruption scandals had resulted in a plunge in support, his wit and charisma did not alienate the youth from political discourse. Many leaders’ tone and discourse can come off dictatorial in a way that is alienating. African politics and cultures have often coincided at the “respect your elders” mantra. This, while important for social relationships, can, in many places plays out as authoritarian leadership with little room to have contrarian opinions. The Namibia led by President Hage saw the formation and rising of youth empowerment movements, voices and in some instances, visible, respectful and non-demeaning responses from officials. Of note was the meeting with the #shutitalldown leaders. The rhetoric of putting heads down to “respect the elders” even in the face of violations, is gradually being replaced with a politics of respect and tolerance, in part, because of the way he led.
Representation
Apart from the visible youth participation, in his time in power, women’s representation in parliament increased to an impressive 44%, the number of over 90% of laws have been gender responsive and his successor as leader of the SWAPO party was to be a woman. His approach to public scrutiny seemed to be that of collaboration and humour rather than being dismissive and undermining in some instances, I say this with the response to the #shutitalldown marches in mind, however much of a sell out, it may appeared to some, it can be translated into an effort towards recognizing citizens’ concerns.
Namibia is by no means a perfect country and President Hage Geingob was by no means the perfect president, but he made significant efforts which are deeply revered by many of those who lived in the country under his leadership. The passing of the president was a massive shock to many and his loss will be deeply felt. May he rest in eternal peace.
ZENZE 