In a historic victory for gay rights advocates, Namibia’s high court has declared laws banning same-sex acts between men unconstitutional.
These colonial-era laws, which included offences like “sodomy” and “unnatural sexual offences,” were rarely enforced but perpetuated discrimination and fear among gay men.
Although Namibia has no laws against same-sex relations between women, same-sex marriage remains illegal. However, the country recognizes such unions if they occur abroad and one partner is not Namibian.
Following the court’s decision in Windhoek, LGBTQ campaigners from Equal Namibia celebrated with photos of supporters embracing. The group hailed the ruling as the dawn of a “born-free Namibia,” echoing a term popularised in post-apartheid South Africa.
Friedel Dausab, a Namibian activist who initiated the case with support from the British charity Human Dignity Trust, expressed his relief: “It won’t be a crime to love anymore. I no longer feel like a criminal on the run in my own country simply because of who I am.” He described his reaction as one of pure happiness.
The United Nations praised the ruling as a significant stride towards inclusivity, which is expected to enhance access to health services and HIV treatment.
In contrast, Amnesty International urged the Namibian government to safeguard the LGBTQ community amid concerns over potential backlash, citing instances of “alarming” and “threatening” rhetoric leading up to the case.
Namibia, formerly a German colony and later governed by South Africa, achieved independence in 1990. While several African nations have recently repealed anti-LGBTQ laws, South Africa remains the only country on the continent that allows same-sex marriage and adoption.
