A Namibian high court on Friday declared two colonial-era laws criminalising homosexual relations between men unconstitutional, a landmark victory for the LGBTQ community in the southern African country.
The case was brought by Namibian activist Friedel Dausab in collaboration with the UK-based non-governmental organisation Human Dignity Trust.
Dausab told Reuters he was “very happy” following the court’s ruling. “This is a great day for Namibia,” he said. “Loving will no longer be a crime.”
According to ILGA, an international organization that supports LGBTQ rights, consensual homosexual activity is prohibited in more than half of the 54 African countries.
“This victory also brings much-needed, new energy to other decriminalisation efforts across Africa,” said Tia Brown, chief executive of the Human Dignity Trust.
Human rights activists say that, although convictions under Namibia’s “unnatural sexual offences” and “unnatural sexual offences” laws are relatively rare, these laws continue to perpetuate discrimination against the LGBTQ community and gay men live in fear of arrest.
University of Namibia law professor John Nakuta said the Namibian government can appeal the court order within 21 days.
Namibia inherited these laws upon independence from South Africa in 1990, although homosexual acts between men were initially criminalised during colonial rule.
South Africa has decriminalised same-sex sexual activity and is the only country on the African continent that allows LGBTQ couples to adopt children, marry and enter into civil unions.
Last year, Uganda enacted one of the world’s harshest anti-LGBTQ laws, including the death penalty for “aggravated homosexuality,” despite widespread Western condemnation.
LGBTQ supporters gathered outside the court with banners that read “Get the law out of my love life” and “Peace, love, unity”, telling Reuters they were overjoyed.
Omar van Reenen, co-founder of the Namibia Equal Rights Movement, welcomed the court’s decision and said the LGBTQ community in Namibia can finally feel like equal citizens.
“The message the court sends today is that we have every right to live and stay in this country and the Constitution protects us,” Van Reenen said.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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