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Namibian court declares laws banning gay sex unconstitutional

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

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A 2017 pride parade in the streets of the Namibian capitol in Windhoek. Photo: AFP
Reuters
A high court in Namibia declared two colonial-era laws that criminalised same-sex acts between men unconstitutional on Friday, in a landmark win for the LGBTQ community in the southern African country.

The case was brought by Namibian activist Friedel Dausab with the support of British-based non-governmental organisation Human Dignity Trust.

Dausab said he was “just happy” after the court’s decision. “It’s a great day for Namibia,” he said. “It won’t be a crime to love any more.”

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Consensual same-sex activity is prohibited in more than half of 54 African countries, according to ILGA, an international organisation supporting LGBTQ rights.

“This victory also brings much-needed and renewed energy to other decriminalisation efforts across Africa,” said Téa Braun, chief executive of the Human Dignity Trust.

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Rights campaigners say that, while convictions under the laws on “sodomy” and “unnatural sexual offences” were relatively rare in Namibia, they have perpetuated discrimination against the LGBTQ community and made gay men live in fear of arrest.

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