Namibia

On June 21, 2024, the Namibian High Court ruled that “sodomy” offenses constitute an unconstitutional breach of the right to equality and freedom from discrimination under Article 10. The court ruled that, under Namibia’s post-colonial constitution, the “inherent dignity and the equal and inalienable rights of all members of the human family”—rights that “have for so long been denied to the people of Namibia by colonialism, racism and apartheid”—are “indispensable for freedom, justice and peace.” 

The Namibian decision was issued in the broader context of a long process of law reform. In 2013, Namibia’s Law Reform and Development Commission commenced a project toward the repeal of obsolete laws and the promulgation of laws in line with international legal standards and the Namibian Constitution. It recommended the abolition of “sodomy” laws. A decade of awareness campaigns and collective advocacy prepared the ground for the historic decision. The ruling itself relied on international jurisprudence from multiple jurisdictions and UN treaty bodies. The government has since appealed the ruling.

In 2023, the Supreme Court recognized the legal marriage of a same-sex couple that had married in another country. However, in December 2024, the government enacted a law banning marriage equality, imposing criminal penalties on anyone who solemnizes a same-sex marriage. Human rights activists are likely to challenge the law’s constitutionality.

LGBTIQ communities have been celebrating Pride in Namibia since 2013, and it has become a critical opportunity to shape public perception and create inter-movement and intergenerational dialogues.  

*Outright research indicates that the bodily autonomy of intersex people is not respected and protected in this country.