A Namibian high court declared unconstitutional this Friday (21) two colonial-era laws that criminalized sexual acts between men, in a historic victory for the LGBTQ+ community in the African country.
The case was brought by Namibian activist Friedel Dausab with support from the British non-governmental organization Human Dignity Trust.
Dausab told Reuters he was “very happy” after the court’s ruling. “It’s a great day for Namibia,” he said. “It will no longer be a crime to love.”
Consensual same-sex relationships are prohibited in more than half of the 54 African countries, according to ILGA, an international organization that supports LGBTQ+ rights.
“This victory also brings much-needed renewed energy to other decriminalization efforts across Africa,” said Téa Braun, executive director of the Human Dignity Trust.
Human rights advocates say that while convictions under “sodomy” and “unnatural sexual offenses” laws have been relatively rare in Namibia, they have perpetuated discrimination against the LGBTQ community and left gay men living in fear of be arrested.
John Nakuta, a law professor at the University of Namibia, said the court’s order can be appealed by the Namibian government within 21 days.
Namibia inherited the laws when it gained independence from South Africa in 1990, although same-sex acts between men were initially criminalized under colonial rule.
South Africa has since decriminalized same-sex sexual activity and is the only country on the African continent that allows LGBTQ couples to adopt children, marry and enter into 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 condemnation from the West.
LGBTQ supporters gathered outside the courthouse carrying banners that read “Get the law out of my love life” and “Peace, Love, Unity” told Reuters they were beaming.
Omar van Reenen, co-founder of the Namibian Equal Rights Movement, welcomed the court’s ruling and said the LGBTQ+ community in Namibia could finally gain citizenship.
“The message the court sent today is that we have every right to belong and exist in this country and that the constitution protects us,” van Reenen said.
Source: CNN Brasil
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