Dr Kennedy Mabuku
Generally, it may be agreed that when society ponders on security discussions, there is a token of profound appreciation that helps to polish the rough edges of human co-existence and mankind’s intelligible quest for survival.
As such, it is an unflappable undertaking to continue engaging in security discussions since our very existence is shaped by security. In my previous opinion piece, I presented the possible security implications of same-sex couples in police holdings cells and rehabilitation centres and what can be done by security institutions in mitigating these challenges. Presently, the dialogue examines possible police dilemmas in balancing human dignity while searching and arresting the transgender community.
Therefore, a critical examination is made of the obstacles that may be encountered by law enforcement officials during their execution of duties while highlighting the importance and maintenance of standards such as respect and fair treatment for all individuals, regardless of sexual orientation.
In today’s diverse and inclusive Namibian society, protecting human dignity and equal treatment for all individuals is of paramount importance. This may explain why security and policing practitioners now expand their security consciousness to be on par with the diverse society. While it is acknowledged that most Namibians may not favour the transgender practice, there is no doubt that transgender persons form part of the society’s minority; which then attracts further exploration.
When it comes to searching for and arresting transgender persons, police officers often face and will continue to encounter unique challenges in striking a delicate balance between upholding human dignity and carrying out their duties effectively.
The situation is likely to worsen daily since the LGBTQ community has expanded, in addition to the recent Supreme Court ruling. One expected significant challenge would be balancing human dignity and decent search practices, mainly owing to implicit biases or stigmatisation towards transgender individuals by certain sectors of the community and within security agencies. Looking at the existing situation of preconceived notions and stereotypes towards transgender persons, searches and arrests may be a more challenging task to perform the more the LGBTQ community grows.
Notably, the likelihood exists that when dealing with transgender persons, the potential for added sensitivity arises. The physical search and arrest process may be perceived as intrusive and humiliating, thus aggravating feelings of vulnerability and distress for those involved. Therefore, ensuring the protection of human dignity and conducting searches decently are vital aspects of policing.
Concerning Article 8 of the Namibian Constitution’s ‘Respect for Human Dignity’, the principle of dignity dictates that individuals should not be subjected to unnecessary intrusions or humiliation. In terms of section 14 (4) (b) of the Police Act, Act 19 of 1990, when searching, police officers should ensure that a search is done with strict regard to gender and decency. This is further exemplified under section 29 of the Criminal Procedure Act, 51 of 1977, which dictates that search be conducted in a decent and orderly manner. In this regard, ‘’a search of any person or premises shall be conducted with strict regard to decency and order, and a woman shall be searched by a woman only.
On the above, another fundamental challenge anticipated to be faced by police and security officers is upholding the human dignity of all individuals while conducting searches and arrests. This raises essential questions; When a biological male presents himself as female, for example, what criteria will the police officers or security agency use to assign a searching party? Will the police or security officers be willing to explore an individual contrary to the recognised gender of male and female assigned at birth? When we confine our thinking to these fundamental questions, it is certain that implementing gender-specific searches for transgender individuals may present practical challenges for law enforcement and security agencies.
This can impede the effective execution of search procedures as provided in the cited legal provisions while maintaining the dignity of those being searched. Particularly since seeking consent and ensuring the comfort of individuals being searched are crucial elements in maintaining human dignity. Given these perspectives, individuals may feel uncomfortable or apprehensive due to their sexual orientation or gender identity. Preconceived notions or assumptions about individuals’ gender identity or sexual orientation can lead to differential treatment or insensitivity during searches by police officers and security officers.
On the other hand, transgender individuals may have specific privacy concerns, especially during an arrest where their gender identity or medical history may be divulged. But, another challenge that has presumably gone largely unnoticed is that law enforcement officers may inadvertently misgender transgender individuals during a search or arrest, using incorrect pronouns or names that do not align with their gender identity. Such misgendering can cause distress, violate dignity, and create a hostile environment.
At present, transgender individuals may have identification documents that do not reflect their current gender identity or appearance. Informed by the preceding sentiment, serious concerns have emerged already recognising and respecting the self-identified gender of transgender individuals during searches and arrests. I may state here also that transgender individuals may have specific privacy concerns during searches and arrests because their experiences can be shaped by body dysphoria or discomfort with being seen or touched in certain ways.
Yet, despite the preceding consequences’ omnipresence, focusing on them remains arguably an amorphous and ambiguous construct that even some citizens admit not willing to engage in. Nonetheless, these uncertainties are worth considering for security institutions despite some existing misgivings about transgender after the Namibian Supreme Court ruling.
Addressing these challenges requires a multi-faceted approach. While favourable policies and comprehensive training programs for law enforcement and security officers on transgender issues will be necessary, the appropriate benchmarking practices should be undertaken in countries with proven stable security after legalising transgender indulgence. Overcoming these challenges will require modern leadership technocrats with unceasing interest in smoothening the gawky journey ahead while looking at the approach involving education, training, policy reforms, and fostering a culture of respect.
With my creeping intrusion of transgender in this write-up, I look forward to security clusters’ scrupulousness contingency considerations.
*Dr Kennedy Mabuku writes in his personal capacity; his opinions do not reflect those of the police or security institutions. He holds a Doctorate in Policing Practices and can be reached at kennedymabuku@yahoo.com or 0814173100