Namibia makes history by decriminalising homosexuality

Namibia’s High Court has just declared a law criminalising same-sex sexual encounters between men to be unconstitutional.

The court’s decision came in a case involving Friedel Dausab, a gay Namibian man. He argued that the anti-gay provisions in the country's Immigration Control and Defense Acts — which prohibit “sodomy” and other “unnatural sexual offenses” and label homosexuality as an “abominable vice” — constituted unfair discrimination and infringed on the fundamental rights of citizens, according to Time magazine.

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According to LGBTQ+ Nation, the judges found that the laws unfairly discriminate between straight men, women, and gay men, stating that the laws were “based on prejudice and unfounded societal biases.”

Namibian Attorney General Festus Mbandeka argued that the country’s constitution does not specifically guarantee rights based on sexual orientation. He noted that social attitudes toward homosexuality in the predominantly Christian country have not yet progressed to a point where legislators could repeal the country’s anti-homosexual laws.

Despite this, Dausab said of the ruling, “This is good for young LGBTQ people to know that their love is not a crime. It is a great day for Namibia.”

Homosexuality has been documented throughout Namibian culture. It was only formally outlawed due to colonial-era laws established in the late 19th and early 20th centuries, which were later incorporated into post-colonial legislation passed by Namibian lawmakers.

In 2019, the country’s National Council Chairperson Margaret Mensah-Williams stated, “Irrespective of how uncomfortable it is, it is time that we should talk about the LGBTI community. They are part of our communities.” That same year, the country’s First Lady Monica Geingos predicted that the country’s anti-sodomy laws would eventually be repealed.

“[The] sodomy law’s days are numbered,” she said.

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