A top Namibian court on Friday overturned colonial-era laws criminalizing same-sex relationships, marking a significant victory for the LGBTQ community in the African country.
The high court in Windhoek, the capital, declared that the laws against “sodomy” and “unnatural sexual offences” were “unconstitutional and invalid.” This ruling has been celebrated by LGBTQ rights groups.
In their written judgment, the judges stated, “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.”
The ruling overturns laws that were rarely enforced and date back to 1927. Namibia inherited these laws from the colonial era and continued to maintain them even after gaining independence from South Africa in 1990.
“Because of this decision, I no longer feel like a criminal on the run in my own country simply because of who I am,” said Friedel Dausab, the activist who brought the case.
The London-based Human Dignity Trust hailed the ruling as “historic.”
“LGBT Namibians can now look to a brighter future,” said its chief executive, Tea Braun.
The verdict comes amidst a backdrop of growing intolerance towards LGBTQ rights in southern Africa. While a handful of African countries have legalized same-sex relationships, South Africa remains the only African nation that allows gay marriage, having legalized it in 2006.
The United Nations AIDS program (UNAIDS) described the ruling as a “significant victory for equality and human rights.”
“This decision… is a powerful step towards a more inclusive Namibia,” said Anne Githuku-Shongwe, UNAIDS regional director for East and Southern Africa.
This landmark decision by the Namibian court reflects a crucial shift towards greater acceptance and protection of LGBTQ rights in the region.
Punch Metro
