Namibia high court overturns law banning gay sex

Victory for LGBTQ+ campaigners who say ban contributes to discrimination and violence by police

Namibia’s high court has overturned a law that criminalised gay sex in a victory for LGBTQ+ campaigners after a number of setbacks in the battle for rights in African countries in recent years.

Namibia inherited a law banning “sodomy” and “unnatural offences” when it gained independence from South Africa in 1990. While the ban was rarely enforced, activists said it contributed to discrimination against LGBTQ+ people, including violence by the police.

Friedel Dausab, the Namibian LGBTQ+ activist who brought the case, said: “I feel elated. I’m so happy. This really is a landmark judgment, not just for me, but for our democracy.”

He added: “I’m sitting next to my mum and we’re hoping that this message filters through to all families, so that kids are no longer estranged.”

The judgment, made by three high court judges, said the laws amounted to unfair discrimination under Namibia’s constitution, noting that the same consensual sexual conduct was not criminalised if it was between a man and a woman.

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