Namibia: Government Appeals Historic Same-Sex Ruling

The Government of Namibia has chosen the wrong side of history by challenging the recent High Court ruling that declared the country’s apartheid-era ban on same-sex intimacy unconstitutional and invalid.

In their ruling, the judges also found that criminalising gay men “poses a greater threat to the fabric of society as a whole than tolerance.”

The landmark 21 June decision was lauded around the world as a significant development for the human rights of LGBTIQ+ people in the region. The government, however, is determined to uphold its regressive anti-LGBTIQ+ stance.

The Namibian Broadcasting Commission reported on Wednesday that the Attorney General, along with several government ministries, had filed an appeal against the ruling on 20 July.

The government claims that the court erred by not considering public opinion and argues that the ruling could have significant implications for public morality.

In a statement, LGBTIQ+ activist Omar van Reenen said the appeal aimed to score cheap political points for the government ahead of the country’s November elections.

“We know our constitution is clear, that apartheid-era laws have no place in a born-free Namibia. So, fear not, dive into community and not into despair,” urged van Reenen, asserting, “We will win at the Supreme Court.”

They added, “Democracy is a work in process, and it is up to each generation to safeguard it. This is our calling, to build an equal Namibia for us all.”

The case was filed by HIV and LGBTIQ+ rights activist Friedel Dausab, who argued that the laws criminalising same-sex intimacy violated his rights under Namibia’s Constitution and contravened international human rights law.

Activists documented at least 64 arrests reported by police between 2003 and 2019 under the anti-gay laws, although none of these cases were ultimately prosecuted by the authorities. This criminalisation has nonetheless fuelled a climate of fear, marginalisation, stigma, and discrimination against the LGBTIQ+ community.

🚨NAMIBIAN GOVERNMENT TO APPEAL DECRIMINALIZATION OF SODOMY LAW TO THE SUPREME COURT 🚨

My statement on the Gov’s appeal. Get registered to vote, meet them at the ballot box & keep the hope & faith. Fighting for what’s right is always worth it, democracy is worth the fight!🏳️‍🌈🇳🇦 pic.twitter.com/faft3MvtOW

— OVR 🇳🇦🏳️‍🌈♀️ (@omarvanreenen) July 24, 2024