Namibia Hight Court Overturns Gay Law
By Stefan J. Bos, Chief International Correspondent Worthy News
WINDHOEK (Worthy News) – Namibia’s high court has overturned a law that critics said criminalized gay sex in a ruling that the United Nations hopes will encourage broader testing for HIV, the virus that causes AIDS.
In what LGBTQ+ campaigners said was “a victory” after several “setbacks” in African countries, three high court judges agreed that current legislation is unfair towards gay people.
Namibia inherited a law banning “sodomy” and “unnatural offenses” 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 police violence.
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 said the laws amounted to “unfair” discrimination under Namibia’s constitution, noting that the same consensual sexual conduct was not criminalized if it was between a man and a woman.
“What threat does a gay man pose to society, and who must be protected against him?” the judgment said. “We are of the firm view that the enforcement of private moral views of a section of a community (even if they form the majority of that community), which are based to a large extent on nothing more than prejudice, cannot qualify as such a legitimate purpose.”
UNAIDS, the U.N agency that advocates for global action on HIV and AIDS, said the law had fuelled discrimination against LGBTQ+ Namibians in healthcare facilities and that the ruling would encourage more people to come forward for HIV testing and treatment.
It was unclear Friday if Namibia’s government would appeal against the ruling.
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