LGBTIQ+ lives under colonial shadows: The legacy of German colonial law in today’s Tanzania and Namibia

Abstract

Colonial legacies have profoundly shaped the post-colonial landscapes of African countries, influencing all aspects of life, including the reinforcement of a singular, heteronormative conception of sexuality. This legacy continues to shape the perceptions of sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC) in Africa today, as ongoing Western influence dictates both legal frameworks and societal norms. This creates serious lasting challenges for lesbian, gay, bisexual, trans, intersex and queer (LGBTIQ+) communities, especially in relation to discriminatory laws that were established in colonial times and continue to persist across many African jurisdictions. Realising the relatively short period of German colonial rule, in this chapter I take a closer look at the role of German colonial legislation in relation to contemporary legal and societal attitudes towards the rights of LGBTIQ+ communities in what today are Namibia and Tanzania. Given that both countries have experienced different legal and societal developments on issues of sexuality and gender until today, this chapter aims to highlight historical injustices and their ongoing repercussions in a comparative approach. In doing this, the chapter offers three key learnings: First, the influence of German colonial rule on contemporary legal frameworks regarding same-sex sexual practices in Namibia and Tanzania is complex and difficult to trace. Nonetheless, the colonial imposition of rigid heteronormative structures and binary gender norms, used as instruments of power, shaped social perceptions of sexuality in ways that continue to disadvantage LGBTIQ+ individuals. Second, both countries illustrate how colonial legacies interact with post-colonial trajectories: despite divergent post-independence paths, inherited societal norms continue to influence approaches to gender and sexuality, reflecting broader African struggles to abolish colonial frameworks. Third, German colonial legal histories not only illuminate internal historical realities, but also inform global debates on law, sexuality and human rights, highlighting specific colonial structures whose effects persist today.