(Windhoek) The law inherited from the colonial period criminalizing homosexual relations in Namibia was invalidated on Friday by the High Court of this southern African country, a decision welcomed by the LGBTQ community which has been facing signs of growing intolerance for a year according to NGOs.
“The offense of sodomy is declared unconstitutional and invalid,” the High Court in the Namibian capital Windhoek emphasized in its judgment. It also ruled that “offenses involving unnatural sex” were unconstitutional. It had been seized by a Namibian LGBTQ activist.
“We are not convinced that, in a democratic society such as ours […] it is reasonably justifiable to consider an activity as criminal, solely because one party, or perhaps a majority of citizens, do not accept it », Considered the judges.
Their decision can be appealed to the Supreme Court.
The sodomy law targeting homosexuals dated from 1927, when Namibia was under South African mandate. It had not been modified since independence in 1990, but was rarely applied.
“Thanks to this decision, I no longer feel treated like a criminal in my own country, simply because of who I am,” rejoiced the complainant Friedel Dausab, in a press release from the Human Dignity Trust association which supported legal action.
He requested the annulment of all previous convictions pronounced under these laws, reported Amnesty International in a press release on Wednesday, estimating that “Namibia has experienced a strong anti-LGBTI decline over the past year, mainly driven by beliefs and leaders religious “.
A Justice Department official, Gladice Pickering, said the government was studying the ruling and had no comment at this stage.
When the decision was announced, activists’ joy was visible in photos posted online by rights group Equal Namibia, also showing dozens of activists massed outside the court with signs proclaiming “Decolonize my sexuality” or “Kick the law out of my love life.”
The London-based NGO Human Dignity Trust welcomed a “historic” decision against stigma and discrimination. “The LGBTQ community in Namibia can now look to the future in a better light,” said its executive director Tea Braun.
“A significant victory,” welcomed the United Nations HIV/AIDS program UNAIDS, which sees it as “a key step towards a more inclusive Namibia.”
The decision comes amid growing intolerance towards the LGBTQ community in southern Africa. Efforts to improve their rights have sparked protests in Malawi and Botswana.
Parliament responded by passing a law banning same-sex marriage in July 2023, awaiting ratification by the president.
It defines “marriage” as a union “between persons of opposite sexes” and prevents legal recognition of same-sex marriages concluded abroad.
Will Friday’s ruling also spark negative reactions? “We were not worried about whether we would win or lose, but about the backlash from political leaders… and religious extremists,” said Omar van Reenen of Equal Namibia.
“The authorities must ensure the safety of LGBTI people in Namibia and hold to account anyone who violates their rights,” insisted Amnesty International.
Only a few African states have decriminalized same-sex relations and South Africa is the only country on the continent where same-sex marriage is legal (since 2006).
