The law inherited from the colonial period criminalizing homosexual relations in Namibia was invalidated on June 21, 2024 by a court in Windhoek, a decision welcomed by the LGBTQ community. “The offense of sodomy is declared unconstitutional and invalid,” said the high court of the Namibian capital in its judgment. It also declared “crimes of unnatural sex” unconstitutional.
“We are not convinced that, in a democratic society such as ours, it is reasonably justifiable to consider an activity as criminal, simply because one party, or perhaps a majority of citizens, do not accept it,” considered the judges of the High Court of Namibia on June 21, 2024. This invalidated a law from the colonial period which criminalizes homosexual relations in this southern African country.
The sodomy law prohibiting sexual relations between homosexuals in Namibia dates from 1927, when the country was under South African mandate. It had not been amended since Namibian 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 Namibian LGBTQ+ activist Friedel Dausab, in a press release from the Human Dignity Trust association. who supported the legal action. Friedel Dausab had appealed to the High Court of Namibia.
This decision comes against a backdrop of growing intolerance towards LGBTQ+ people in southern Africa.
Namibia has seen an influx of cases relating to the rights of homosexuals to marry, become parents or immigrate.
In May 2023, the Supreme Court ruled in favor of recognizing certain unions contracted abroad between people of the same sex. This decision angered conservatives. Parliament responded by adopting a law in July 2023 banning same-sex marriage and punishing its supporters. The text is awaiting ratification by the president.
