A landmark decision by the High Court in Windhoek, Namibia, has declared unconstitutional a colonial-era law that criminalized gay sex between men. The ruling, handed down on Friday, marks a significant victory for LGBTQ rights advocates in the southern African nation.
Three judges jointly ruled that the law, which prohibited “sodomy” and “unnatural sexual offences” between men and dated back to Namibia’s apartheid-era under South African rule, amounted to unfair discrimination and should be abolished. Namibia gained independence from South Africa in 1990.
The case challenging the law was initiated by Friedel Dausab, a gay Namibian man, in 2022. Notably, Namibia does not have laws criminalizing sexual activity between women. Dausab argued that the colonial-era law perpetuated stigma and marginalization against gay men, despite rare prosecutions. He emphasized in court papers that it criminalized intimate expressions of love and identity among same-sex couples.
The government opposed Dausab’s case, but the court’s decision has been hailed as a victory for equality and human rights by international bodies. The United Nations’ HIV/AIDS agency praised the ruling, noting it will safeguard the health and rights of all Namibians, particularly LGBTQ individuals who faced discrimination and barriers to healthcare services due to the law.
Amnesty International also welcomed the decision, citing Namibia’s recent challenges with anti-LGBTQ sentiments following a 2023 Supreme Court ruling recognizing same-sex unions performed abroad by Namibian citizens.
In Africa, where 31 countries criminalize same-sex sexual activity, the Namibian ruling sets a precedent. Organizations like Zimbabwe’s Gay and Lesbian Association have called on their governments to follow Namibia’s lead in promoting equality and overturning laws that criminalize same-sex relationships.
