Namibian Court Declares Laws Banning Gay Sex Unconstitutional

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In a historic ruling on Friday, June 21, a Namibian high court declared unconstitutional two colonial-era laws that criminalized same-sex acts between men. This decision marks a significant victory for the LGBTQ community in Namibia.

The case was initiated by Namibian activist Friedel Dausab, with support from the UK-based Human Dignity Trust. Following the court’s decision, Dausab expressed his joy, stating, “It’s a great day for Namibia. It won’t be a crime to love anymore.”

Rights activists have noted that, although prosecutions under the “sodomy” and “unnatural sexual offences” laws were infrequent, these laws have fostered ongoing discrimination against the LGBTQ community and instilled fear of arrest among gay men.

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

South Africa has since decriminalised same-sex sexual activity and is the only country on the African continent to allow LGBTQ couples to adopt children, marry and enter civil unions.

Last year, Uganda enacted one of the world’s harshest anti-LGBTQ laws, which included the death penalty for “aggravated homosexuality”, despite widespread condemnations from the West.

In Ghana for instance. many are speaking out against a dangerous anti-lesbian, gay, bisexual and transgender, LGBT, bill.

In February this year, Ghana’s parliament passed a bill, which toughens criminal penalties for consensual same-sex relations, and criminalises the actions of individuals and organisations that defend the rights of LGBT people. 

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