A court in Namibia made a landmark decision on Friday by overturning and declaring unconstitutional a colonial-era law that criminalised gay sex between men. This ruling is seen as a significant victory for LGBTQ campaigners in the southern African nation.
The High Court in the capital, Windhoek, comprised of three judges, jointly ruled that the law banning “sodomy” and “unnatural sexual offences” between men was unfairly discriminatory and must be abolished. This law dates back to the era when Namibia was under apartheid-era South Africa's rule. Namibia gained its independence from South Africa in 1990.
The case was brought against the government by Friedel Dausab, a gay Namibian man, in 2022. Notably, there are no laws in Namibia that criminalise sexual activity between women. Dausab argued that the law was a remnant of Namibia’s colonial past and was intended to punish and exclude gay men. In his court papers, he emphasized that, although prosecutions under the law were rare, it served to stigmatize and marginalize same-sex couples by criminalizing their most private and intimate expressions of love and identity. The government opposed Dausab’s case.
The United Nations' HIV/AIDS agency lauded the court's ruling, stating that it “marks a significant victory for equality and human rights for all Namibians and will help protect the health of everyone.” UNAIDS regional director for southern and East Africa, Anne Githuku-Shongwe, highlighted that the law had “perpetuated an environment of discrimination and fear, often hindering access to essential healthcare services” for the LGBTQ community.
Amnesty International also praised the decision, noting that Namibia had faced intense anti-LGBTQ backlash in the past year following a 2023 Supreme Court decision that recognized same-sex unions between Namibian citizens performed in other countries.
At the beginning of this year, 31 African countries, including Uganda, which passed a harsh anti-gay law last year that allows for the death penalty in some cases, criminalized same-sex sexual activity, according to Amnesty International.
In response to Namibia's ruling, Zimbabwe’s Gay and Lesbian Association expressed hope that their own government would follow suit by overturning laws that criminalize same-sex relationships, reinforcing the principles of equality upheld by the Namibian court.
