The Namibian Supreme Court ruled that statutes from the colonial era that made same-sex partnerships illegal were unconstitutional and overturned them.
A high court in Namibia invalidated the nation’s colonial-era legislation that made same-sex relationships illegal on Friday. Human rights organizations praised the decision as “historic.”
In a decision based on a complaint made by a local LGBTQ activist, the high court in Windhoek ruled that the charges of “sodomy” and “unnatural sexual offences” were “unconstitutional and invalid.”
“We don’t think it is appropriate to criminalize an activity in a democratic society like ours simply because some people, perhaps even most of them, find it objectionable,” the judges stated.
The ruling invalidates regulations that Namibia retained after winning independence from South Africa in 1990 but acquired from the colonial era, dating back to 1927 and infrequently enforced.
The activist who filed the lawsuit, Friedel Dausab, said in a statement, “I no longer feel like a criminal on the run in my own country simply because of who I am.”
The Human Dignity Trust, a non-profit organization based in London that sponsored the legal lawsuit, referred to the decision as “historic” and said it overturned regulations that permitted discrimination and stigma.
“There is now hope for a better future for LGBT Namibians,” stated Tea Braun, the organization’s CEO.
With signs and banners that included “Decolonize-MySexuality” and “Get the Law out of my love life,” dozens of people stood outside.
A “significant triumph”
Although the decision is the most recent legal win for the LGBTQ community in Namibia, it coincides with a broader backlash against their rights throughout southern Africa.
In recent years, there has been a surge in litigation in Namibia concerning same-sex couples’ rights to marry, have children, and immigrate.
The Supreme Court declared last year that same-sex unions between Namibian nationals and foreign partners should be accepted.
However, the verdict infuriated social conservatives in the predominantly Christian, thinly populated nation, which is a well-liked tourist destination with an abundance of natural beauty and wildlife.
Legislators responded by passing new laws that outlaw same-sex unions and penalize those who support them. The president’s ratification of the measure is pending.
The most recent decision, according to UNAIDS, the UN agency for HIV/AIDS, represents a “significant victory for equality and human rights.”
According to UNAIDS regional director for East and Southern Africa Anne Githuku-Shongwe, “this decision… is a powerful step towards a more inclusive Namibia.”
“The common law from the colonial era that criminalized same-sex relationships perpetuated an atmosphere of fear and discrimination, frequently impeding LGBTQ+ people’s access to necessary healthcare services.”
Although some African nations have legalized same-sex partnerships, South Africa is the only country in Africa that permits homosexual marriage, having done so since 2006.
Over the past year, protests against legal initiatives to expand LGBTQ rights have also taken place in Malawi and Botswana, two neighboring countries.
Constitutional matters fall under the competence of Namibia’s high court. The Supreme Court may hear appeals of its rulings.
