UNDP Applauds Namibia High Court’s Landmark Ruling on LGBTQI+ Laws

The case was brought forward by Friedel Dausab, a gay Namibian man who challenged the constitutionality of the colonial-era sodomy laws.

The United Nations Development Programme (UNDP) warmly welcomes the recent decision by the High Court of Namibia to declare the common law offences of sodomy and unnatural sexual offences unconstitutional and invalid. This historic judgment represents a significant step towards ensuring that all Namibian citizens, regardless of sexual orientation or gender identity, enjoy fundamental rights and equality under the law.

A Victory for Human Rights

The case was brought forward by Friedel Dausab, a gay Namibian man who challenged the constitutionality of the colonial-era sodomy laws. The court's ruling aligns with the recommendations of the Namibian Law Reform and Development Commission, which has advocated for the repeal of such outdated and discriminatory laws.

Judgment Highlights

In its judgment, the High Court emphasized the democratic values enshrined in Namibia’s Constitution, which promises the recognition of the inherent dignity and inalienable rights of all members of the human family. The court stated:

“The court is not persuaded that in a democratic society such as that of Namibia, with a Constitution which promises the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family and the pursuit of individual happiness, it is reasonably justifiable to make an activity criminal just because a segment, maybe a majority, of the citizenry consider it to be unacceptable.”

Towards an Inclusive Society

Decriminalizing same-sex relations is a crucial step towards building a more inclusive and tolerant society. It contributes to the achievement of the Sustainable Development Goals (SDGs) and the central tenet of leaving no one behind, which is integral to Namibia’s development agenda.

UNDP's Commitment

UNDP remains steadfast in its commitment to supporting the human rights of all individuals, including the LGBTQI+ community, both in Namibia and globally. This commitment is in line with the UN Charter, various UN human rights treaties, and globally agreed commitments such as the 2030 Agenda for Sustainable Development.

Call to Action

UNDP urges the Government of the Republic of Namibia to continue to ensure that all individuals can live free from discrimination and violence. This landmark ruling is a significant milestone in the ongoing efforts to uphold and protect human rights, and it sets a powerful precedent for other nations to follow.

By embracing this judgment, Namibia reinforces its dedication to equality, human dignity, and the fundamental freedoms of all its citizens, paving the way for a more just and equitable society.