UNAIDS has applauded the Namibian Constitutional Court's decision to declare the law that criminalised same-sex relationships as unconstitutional.
The court found the law incompatible with the constitutional rights of Namibian citizens.
This decision aligns with a series of judgements by courts in Southern Africa in recent years, marking a significant victory for equality and human rights for all Namibians. It will also help protect everyone's health.
UNAIDS stated, "This decision by the Constitutional Court of Namibia is a powerful step towards a more inclusive Namibia. The colonial-era common law that criminalised same-sex sexual relations perpetuated an environment of discrimination and fear, often hindering access to essential healthcare services for LGBTQ+ individuals. To protect everyone's health, we need to protect everyone's human rights."
The law was originally introduced during colonial rule in Apartheid South Africa and was maintained in Namibian law when the country gained independence in 1990.
The law had been used to rationalise discrimination against LGBTQ+ people in Namibia.
In addition to violating the constitutional rights of Namibian citizens, the law also posed a challenge to public healthcare.
The climate created by the law discouraged LGBTQ+ individuals from seeking HIV testing and treatment, undermining efforts to control the epidemic.
The UNAIDS Regional Director for East and Southern Africa, Anne Githuku-Shongwe, said that by decriminalising same-sex relationships, Namibia creates a safer environment for LGBTQ+ communities. This development would allow them to access vital healthcare services, contributing to the global goal of ending AIDS as a public health threat by 2030.
UNAIDS urges all countries to follow Namibia's lead, remove punitive laws, and tackle prejudices against lesbian, gay, bisexual, transgender, and intersex people.
Since 2019, Botswana, Gabon, Angola, Bhutan, Antigua and Barbuda, Barbados, Singapore, Saint Kitts and Nevis, the Cook Islands, Mauritius, and Dominica have all repealed laws that criminalised LGBTQ+ people.
A more just, equitable, and kind world is deemed healthier for everyone.