In a historic victory for gay rights activists, Namibia has declared laws banning same-sex acts between men unconstitutional.
Although convictions for “sodomy” and “unnatural sexual offences”—remnants of colonial rule—were infrequent, these laws perpetuated discrimination and instilled fear of arrest among gay men.
There are no existing laws in Namibia that prohibit sexual relations between women. While same-sex marriage remains illegal within the country, Namibia does recognize the unions of same-sex couples married abroad, provided one partner is not a Namibian citizen.
Following the high court’s decision in Windhoek on Friday, members of the LGBTQ group Equal Namibia shared images of celebratory embraces in the courtroom.
“Welcome to a new Namibia. A born-free Namibia,” the group said on social media.
The term “born-free” was most famously used in neighbouring South Africa to describe the first generation of children growing up in the dawn of democracy after white-minority rule ended in 1994.
‘I no longer feel like a criminal’
This court case was brought by a Namibian activist called Friedel Dausab, with backing from the British charity Human Dignity Trust.
“It won’t be a crime to love anymore,” Mr Dausab said, reacting to the verdict. “I no longer feel like a criminal on the run in my own country simply because of who I am.”
Expressing his feelings, he simply said he was “just happy”. The United Nations has also praised the ruling, describing it as a “powerful step” towards a more inclusive society that would enhance access to health services and HIV treatment.
Amnesty International, fearing backlash from the ruling, has called on the Namibian government to safeguard the safety and dignity of LGBTQ individuals.
The organization noted it had already observed instances of “alarming” and “threatening” rhetoric in the lead-up to the court case.
Namibia, which was first colonized by Germany, achieved independence from South Africa in 1990 after a long and difficult war.
In recent years, several African countries have repealed anti-LGBTQ laws, but South Africa remains the only nation on the continent where same-sex couples can marry and adopt children.