A top Namibian court on Friday, June 21, 2024, struck down the country’s colonial-era laws criminalizing same-sex relationships, marking a significant victory for the LGBTQ community. The high court in the capital, Windhoek, declared the crimes of “sodomy” and “unnatural sexual offences” as “unconstitutional and invalid” in a ruling applauded by LGBTQ rights groups.
“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 judges stated.
The judgment overturns laws dating back to 1927, which Namibia inherited from the colonial era and maintained 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 called the ruling “historic.” “LGBT Namibians can now look to a brighter future,” said its chief executive, Tea Braun.
The verdict comes amid 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 to allow gay marriage, legalized in 2006.
The United Nations AIDS program, UNAIDS, hailed 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.
