Namibia’s high court has overturned a law that criminalised consensual gay sex, a victory for LGBTQ+ campaigners after experiencing setbacks in battles for rights in some African countries in recent years.

Namibia had inherited the law banning “sodomy” and “unnatural offences” 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 violence by the police.

Friedel Dausab, the Namibian LGBTQ+ activist who brought the case, said: “Because of this decision, I no longer feel like a criminal on the run in my own country simply because of who I am.

“Just like most ordinary Namibians, I have always wanted the chance to find love and to know that I belong. Today, I feel closer to that goal,” said Dausab in a statement shared by Human Dignity Trust, a British legal charity that supported his case.

It was not clear if Namibia’s government would appeal against the ruling and officials in the attorney general’s office were not available to comment.

UNAids, the UN 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.

“By decriminalising same-sex relationships, Namibia creates a safer environment for LGBTQ+ communities,” said Anne Githuku-Shongwe, UNAids’ regional director for east and southern Africa.

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Guardian

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