Namibia's high court strikes down laws criminalising gay sex

RFI

21 June 2024 at 7:22 am·1-min read

Namibia's high court on Friday struck down colonial-era laws criminalising same-sex acts between men in a victory for the LGBTQ+ community in the southern African country.

The court in the capital Windhoek declared the crimes of sodomy and "unnatural sexual offences" as 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 judges wrote.

In May last year, Namibia's Supreme Court recognised same-sex marriages contracted abroad between citizens and foreign spouses, but gay sex remained a crime.

Friday's judgement overturns laws dating back to 1927, which Namibia inherited from the colonial era but maintained after gaining independence from South Africa in 1990.

John Nakuta, a law professor at the University of Namibia, said the court's order can be appealed by the Namibian government within 21 days.

'Historic' ruling

While laws against homosexuality have rarely been applied, rights groups hailed Friday's court decision as a victory.

"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.

(with AFP)

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'Historic' ruling

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