Namibian court overturns law banning same-sex relationships

In a win for the LGBTQ community, Namibia’s top court on Friday overturned colonial-era legislation criminalising same-sex relationships.

In a verdict applauded by LGBTQ rights groups, Namibia’s high court found the crimes of “sodomy” and “unnatural sexual offences” to be “unconstitutional and invalid”.

“We are not persuaded that in a democratic society such as ours… it is reasonably justifiable to make an activity criminal just because a segment, maybe a majority, of the citizenry consider it to be unacceptable,” the court’s ruling stated.

The decision overturns rarely implemented rules going back to 1927, which Namibia acquired from the colonial era but kept after winning independence from South Africa in 1990.

“Because of this decision, I no longer feel like a criminal on the run in my own country simply because of who I am,” said Friedel Dausab, the activist who brought the case.

London-based Human Dignity Trust called the ruling “historic”.

“LGBT Namibians can now look to a brighter future,” said its chief executive, Tea Braun.

The verdict comes against a backdrop of growing intolerance towards LGBTQ rights in southern Africa.

While a handful of African countries have legalised same-sex relationships, South Africa remains the sole African nation which allows gay marriage, legalised in 2006.

The United Nations AIDS program, UNAIDS, said the ruling marked a “significant victory for equality and human rights”.

“This decision… is a powerful step towards a more inclusive Namibia,” said Anne Githuku-Shongwe, UNAIDS regional director for East and Southern Africa.