Namibia’s High Court has declared the country’s colonial-era laws criminalizing same-sex relationships unconstitutional, marking a significant victory for the LGBTQ community.
The court in Windhoek ruled that the laws against “sodomy” and “unnatural sexual offenses” were invalid, a decision celebrated by LGBTQ rights advocates. “We are not persuaded that in a democratic society such as ours, it is reasonably justifiable to make an activity criminal just because a segment, maybe a majority of the citizenry consider it to be unacceptable,” stated the judges.
The Human Dignity Trust, a London-based organization, described the ruling as “historic.”
Namibia, which gained independence from South Africa in 1990, inherited these seldom-applied statutes from the colonial era. The ruling effectively annuls laws dating back to 1927.
Activist Friedel Dausab, who brought the case, expressed relief, saying, “Because of this decision, I no longer feel like a criminal on the run in my own country simply because of who I am.”
The United Nations AIDS program (UNAIDS) also praised the ruling as a “significant victory for equality and human rights.” Anne Githuku-Shongwe, UNAIDS regional director for East and Southern Africa, remarked, “This decision is a powerful step towards a more inclusive Namibia.”
Tea Braun, Chief Executive of the Human Dignity Trust, noted that “LGBT Namibians can now look to a brighter future.”
The verdict arrives amid growing intolerance towards LGBTQ rights in southern Africa. While a few African countries have legalized same-sex relationships, South Africa remains the only nation on the continent to have legalized gay marriage since 2006.
