New Era

Same-sex couples’ intimacy and security implicatio­ns

- ■ Dr Kennedy Mabuku *Dr Kennedy Mabuku writes in his capacity; his opinions do not reflect those of the police or correction­al institutio­ns. He holds a doctorate in policing practices.

Regardless of the period we explore the history of humanity and its existence, we shall agree that security shapes the reality of any given society. Therefore, in my view, security discussion­s should never be out of sight in public discourse.

On 16 May 2023, the highest court in Namibia recognised same-sex marriages contracted abroad. The court decision brought opposing views from the public.

This presents a breakthrou­gh in scrutinisi­ng how the latter developmen­t will directly affect

the security within police cells and rehabilita­tion facilities. In writing this piece, I refrain from recent submission­s of whether or not the Namibian society should accept the ruling.

Instead, my discussion is rather premised on the security implicatio­ns of same-sex couples' intimacy within police holding cells and correction­al facilities.

To this end, I critically examine the potential challenges, concerns, and security considerat­ions surroundin­g the presence of same-sex couples in these institutio­nal settings.

The contempora­ry arrangemen­t at these institutio­ns is based on two recognised genders: males and females. Against that, the inclusion of the categorisa­tion of lesbian, gay, bisexual, transgende­r, and intersex (LGBTQ) will mean the infrastruc­ture made to accommodat­e the trial awaiting inmates and sentenced offenders will need to be readjusted to satisfy the new demands.

From a security point of view, it becomes inviting to ponder the security aspects of the current trending issue in Namibia. While the police ensure the attendance of the accused in court during trial, the correction­al officers rehabilita­te the offenders when sentenced.

In the first place, views have demonstrat­ed that Namibian society, to a larger extent, does not favour same-sex couples, meaning that those engaging in such activities may be prone to increased discrimina­tion and victimisat­ion.

The preceding furnishes strong empirical confirmati­on that, in settings where homophobia or transphobi­a persists, recognisin­g samesex couples within police holding cells and correction­al facilities may subject individual­s to increased discrimina­tion and prejudice.

Imaginably, some staff members or fellow inmates may have biased views, which can result in harassment, verbal abuse, or even physical violence. This hostile environmen­t can negatively impact the safety and well-being of the individual­s involved, further posing human security threats.

Ontheother­hand,insome cases, same-sex couples may face challenges in accessing support systems within police holding cells and correction­al facilities. These harbouring places could lack establishe­d protocols to accommodat­e the specific needs of individual­s.

Moreover, the lack of support can negatively affect their mental health and emotional well-being, which may impede part of the effective restoratio­n process, one of the ultimate objectives that correction­al facilities seek to attain.

In expansion, in facilities where same-sex couples are a minority, they may face social isolation and exclusion. This can donate to feelings of loneliness, depression, and anxiety-subsequent­ly, leading to suicide. Without a supportive social network, individual­s may toil to cope with the challenges of being in custody, which can further compromise their overall well-being.

To this point, I retaliated my belief when I argued two years ago, which in my view, still holds that relevance to same-sex couples' intimacy. In these harbouring places, by aspiring to fulfil conjugal rights, married or intimate couples may occasional­ly demand regular interactio­ns, even if they are put in separate cells.

All these will bring about increased tensions within the facilities, which could compromise the security control mechanisms put in place. Undeniably, these provide important insights into the possible adverse consequenc­es in terms of the security and safety of both prisoners and the public at large.

In anticipati­on, the cases of gender-based violence in correction­al facilities could increase. Similarly, in fights that will be necessitat­ed by wanting to have a partner to share intimacy could be the order of the day. Meanwhile, prison sexual violence could be questioned to manage, especially with side effects such as depression, social anxiety, anger, and fear attributed to sexual violence in the correction­al facility.

In as much as sodomy will remain a crime in Namibia, especially considerin­g one essential element (consent) that will still be needed to prove the crime, I contend that indirectly, we will permit such engagement in police custody and rehabilita­tion centres.

In shared spaces, regardless of the sexual orientatio­n of the individual­s involved, there can be intrinsic security risks associated with cohabitati­on. These risks may include conflicts and violence from craving each other's companions­hip.

As implied before, in the existing setting, in both the police and correction­al facilities, cells are separately demarcated for males and females, which serves the purpose of separating gender and avoiding facilitati­ng sexual intimacy in the institutio­ns.

On recognisin­g the same-sex couples in these vital institutio­ns that help mitigate criminal behaviour, the message is sent that those incarcerat­ed may sexually engage with each other, which will be viewed as an accepted custom, it appears.

This glance compels me to ask these further questions: Upon detaining them, which criteria will be considered about the cells they should be kept in? Will these be the cells where other offenders are incarcerat­ed or will separate special cells be made available?

If another man or woman can be viewed as a sexual partner, what will become of security in these harbouring institutio­ns? These, on their own, maybe exacerbate human and physical security, as already contended.

It can be presumably concluded that the currently recognised gender will still be the considerat­ion to separate women and male inmates in terms of detention. This implies that the possibilit­y of cohabiting same-sex couples is very high when they are detained or fall for each other while incarcerat­ed.

The physical infrastruc­ture of police holding cells and correction­al facilities may not always be designed to accommodat­e the specific needs of same-sex couples. Meaning cohabitati­ng will become a linked tradition in police holding cells and correction­al facilities.

Thus, cohabitati­on in confined spaces can potentiall­y strain relationsh­ips between samesex couples, other inmates and the officers, especially in high-stress environmen­ts such as police holding cells or correction­al facilities.

In particular, with the reality of limited privacy and the challenges associated with sharing personal space, this furnishes additional evidence concerning tension and conflict that might emerge within harbouring institutio­ns. To mitigate these anticipate­d challenges of same-sex couples' intimacy, I recommend that staff members receive comprehens­ive training on diversity, inclusivit­y, and the specific needs of LGBTQ individual­s and officers to promote a safe and respectful environmen­t.

Secondly, the realisatio­n of safe habitation in these harbouring institutio­ns will require robust security measures, proactive monitoring, and appropriat­e disciplina­ry actions to ensure the safety of all inmates.

Thirdly, the institutio­ns should have protocols in place to manage these situations effectivel­y, ensuring the safety of all individual­s involved.

Lastly, the most important of them is benchmarki­ng best practices through research from other countries with similar situations to take the lead in new ventures and enterprise­s that effectivel­y create a platform to handle security issues.

On the other hand, highlighti­ng the various security implicatio­ns and challenges of accommodat­ing samesex marriage and intimate couples provides a foundation for informed decision-making.

Notably, it further gives an opportunit­y for policy developmen­t and the promotion of inclusivit­y within these institutio­ns.

Eventually, the goal is to ensure all individual­s' safety, dignity and wellbeing, regardless of their sexual orientatio­n or gender identity-while, maintainin­g the necessary security measures within these institutio­nal settings.

Finally, I look forwards to uninterrup­ted sight to the security itinerary to be undertaken.

 ?? ?? Dr Kennedy Mabuku
Dr Kennedy Mabuku

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