A Win for the LGBTQ Community in Namibia
The good news just keeps rolling in this Pride Month. In an epic win for LGBTQ activists in the region, three judges of the High Court in Windhoek, Namibia overturned a colonial-era law that criminalizes gay sex between men, declaring the law unconstitutional. The judges said the law banned sodomy and any ‘unnatural sex offenses’ between men and was considered unfair discrimination and should be removed. The law dates back to Aparthied-era South Africa and Namibia gained independence from South Africa back in 1990.
The three judges ruled that “the enforcement of the private moral views of a section of the community (even if they form the majority of that community), which are based to a large extent on nothing more than prejudice.” They went on to say that the act of criminalizing such relations for gay men poses a greater threat to the fabric of society as a whole than tolerance.
The case was brought forward by a gay Namibian man in 2022. Friedel Dausab stated that the law was left over from Namibia’s colonial history specifically aimed at targeting and punishing gay men. He noted in his court papers that prosecution under the law was rare, but the law stigmatized and marginalized same-sex couples “by outlawing the most private and intimate expressions of their love and identity.”
No such laws existed that outlawed same-sex relations between women.
Amnesty International released a statement supporting the decision, arguing that Namibia has experienced fierce opposition and anti-LGBTQ “backlash” in the past year. In 2023, a Supreme Court decision moved to recognize same-sex unions of Namibian citizens performed in other countries. From the onset of 2024, 31 countries in Africa criminalize same-sex activity, including Uganda, which allows for the death penalty in such cases.
Zimbabwe’s Gay and Lesbian Association used the historic moment to praise Namibia and called for the abolishment of harsh anti-LGBTQ laws in other African nations.
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Featured Image: Picture by Opas Onucheyo. Credit: REUTERS
