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Independent AfricaNamibian court rules laws banning gay sex unconstitutional

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Namibian court rules laws banning gay sex unconstitutional

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Two colonial-era laws banning same-sex acts between men have been ruled unconstitutional by a High court in Namibia.

Namibia, first colonised by Germany, inherited the laws when it gained independence from South Africa in 1990, though same-sex acts between men were initially criminalised under colonial rule.

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Namibian activist Friedel Dausab took the matter to court with the support of British-based non-governmental organisation Human Dignity Trust to have the laws struck out and succeeded.

Rights campaigners say that, while convictions under the laws on “sodomy” and “unnatural sexual offences” were relatively rare in Namibia, they have perpetuated discrimination against the LGBTQ community and made gay men live in fear of arrest.

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Meanwhile, the Namibian government has 21 days beginning, Friday, June 21, 2024, to appeal the court’s ruling.
Presently, no laws exist prohibiting sex between women in Namibia.

Marrying someone of the same sex is still illegal in the southern African nation.

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But if a same-sex couple weds abroad and one of them is not a Namibian citizen, their union is legally recognised.

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