Namibia: Court eradicates colonial-era anti-gay laws for LGBTQ rights

In a landmark decision heralded as a significant victory for LGBTQ rights, Namibia’s high court on Friday declared unconstitutional two colonial-era laws that criminalized same-sex acts between men.

This ruling represents a monumental step forward for human rights in the country, dismantling outdated legal frameworks that have perpetuated discrimination and fear among the LGBTQ community.

The case was brought forth by Namibian activist Friedel Dausab, with substantial backing from the UK-based Human Dignity Trust. Elated by the court’s decision, Dausab proclaimed, “It’s a great day for Namibia. It won’t be a crime to love anymore.”

Rights activists have long argued that, despite infrequent prosecutions under the “sodomy” and “unnatural sexual offences” laws, their existence has fostered a climate of ongoing discrimination and fear. These laws, a remnant of colonial rule, were inherited by Namibia when it gained independence from South Africa in 1990.

South Africa, which has decriminalized same-sex sexual activity and is the only African country to permit LGBTQ couples to adopt children, marry, and enter civil unions, serves as a beacon of progress on the continent.

Conversely, the situation remains dire in other African nations. Last year, Uganda enacted one of the world’s harshest anti-LGBTQ laws, including the death penalty for “aggravated homosexuality,” drawing widespread condemnation from the international community.

Similarly, in Ghana, the parliament passed a bill in February intensifying criminal penalties for consensual same-sex relations and criminalizing the defense of LGBTQ rights. This has sparked significant outcry from human rights advocates who warn of the bill’s dangerous implications.

The Namibian high court’s ruling marks a pivotal moment in the fight for LGBTQ rights, not just in Namibia but across Africa. By overturning these oppressive laws, Namibia joins a growing movement towards equality and justice, signaling hope for further advancements in human rights on the continent.