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| gender_identity_expression = Sex reassignment surgery is required to change legal genderRecognition of same-sex unions in Namibia>Same-sex marriages performed outside of Namibia recognized since 2023| adoption = Ambiguous| military = No| discrimination_protections = Sexual orientation only|country=Namibia}}Lesbian, gay, bisexual, and transgender (LGBT) people in Namibia have expanded in recent years, although LGBT people face limited legal protections.WEB, Namibia,weblink Human Dignity Trust, 8 February 2019, 8 September 2023, WEB, Petersen, Shelleygan, Gay community ready to take legal action over Ekandjo's bills,weblink The Namibian, October 2023, 2 October 2023, Prior to May 2024 sexual contact between men was criminalised within Namibia, although this law is generally unenforced. Discrimination based on sexual orientation is banned in Namibia but not for gender identity.The climate for LGBT people in Namibia has eased in recent years. The country's leading LGBT advocacy group is OutRight Namibia,{{cn|date=May 2023}} formed in March 2010 and officially registered in November 2010. It has organised Namibia's first pride parades and seeks to be "a voice for lesbian women, gay men, bisexuals and transgender and intersex people in Namibia".WEB,weblink OutRight Namibia, 2018-12-13,weblink" title="web.archive.org/web/20170903191150weblink">weblink 2017-09-03, Other LGBT groups include MPower Community Trust, which provides awareness of sexual health for gay and bisexual men, the Namibian Gays and Lesbian Movement, which provides counselling and advice to LGBT people and organises educational programs to raise awareness of LGBT Namibians, Tulinam, an LGBT faith-based group, and Wings to Transcend Namibia, a transgender group.WEB, Namibia's Compliance with the U.N. Convention Against Torture: LGBTI Rights,weblink 2016, The Advocates for Human Rights,

History

Homosexuality and same-sex relations have been documented among various modern-day Namibian groups. In the 18th century, the Khoikhoi people recognised the terms which refers to a man who is sexually receptive to another man, and , which refers to same-sex masturbation usually among friends. Anal intercourse and sexual relations between women also occurred, though more rarely.In the 1920s, German anthropologist Kurt Falk reported homosexuality and same-sex marriage ceremonies among the Ovambo, Nama, Herero and Himba peoples. Ovambo men taking the passive role in sex with other men are called or . Among the Herero, erotic friendships (known as ) between two people regardless of sex were common, and typically included anal intercourse (). In the 1970s, Portuguese ethnographer Carlos Estermann observed an Ovambo tradition where men known as esenge would dress like women, do women's work and marry other men. Ovambo society believed they were possessed by female spirits.WEB,weblink Boy-Wives and Female Husbands, www.willsworld.org, DAS WILHELM, Amara, Tritiya-Prakriti: People of the Third Sex. Xlibris Corporation, 21 May 2004

Legality of same-sex sexual activity

(File:LGBT flag map of Namibia.svg|right|thumb|LGBT flag map of Namibia)In Namibia, there is no codified sodomy provision, but it remains a crime in the country under the Roman-Dutch common law in force.BOOK,weblink State-Sponsored Homophobia 2019, Mendos, Lucas Ramón, ILGA, 2019, Geneva, 355, Sodomy has been defined as "unlawful and intentional sexual relations between two human males." This therefore excludes sexual relations by heterosexual couples or lesbians.BOOK,weblink Baseline Study Report on Human Rights in Namibia, Office of the Ombudsman of Namibia, 2013, 97, 1 July 2019, 1 July 2019,weblink dead, Section 299 of the Criminal Procedure Act of 2004 () makes reference to evidentiary issues on a charge of sodomy or attempted sodomy. Schedule 1 of the Act groups sodomy together with a list of other crimes for which police are authorised to make an arrest without a warrant or to use of deadly force in the course of that arrest, among other aspects (Sections 38, 42, 44, 63 and 112).WEB,weblink Criminal Procedure Act 25 of 2004, 2004, Republic of Namibia, May 18, 2023,weblink May 31, 2017, Public displays of affection between two men can be considered "immoral" behaviour, which is punishable under the Combating of Immoral Practices Act of 1980 ().WEB,weblink Combating of Immoral Practices Act 21 of 1980, October 31, 1980, Republic of Namibia, May 18, 2023,weblink" title="web.archive.org/web/20180920162931weblink">weblink September 20, 2018, In August 2016, the United Nations Human Rights Committee released a report in Windhoek, Namibia's capital city, calling on the country to abolish its sodomy ban.WEB,weblink UN wants homosexuality legalised in Namibia, New Era, Reporter, 18 August 2016, New Era Live, Reacting to the committee's call, John Walters, the Ombudsman of Namibia whose office is mandated to promote and protect human rights, said that people should be free to live their lives as they see fit. Walters said:WEB,weblink Namibia's ombudsman calls for same-sex marriage amidst UN report furore, 23 August 2016, MambaOnline - Gay South Africa online, WEB,weblink Let gays be – Walters, Kisting, Denver, August 23, 2016, The Namibian, May 18, 2023,weblink" title="web.archive.org/web/20160824142842weblink">weblink August 24, 2016, The Government of Namibia informed the United Nations that it has currently no intentions to repeal the sodomy law.WEB,weblink Same-sex marriages before full bench, Namibian Sun, 15 July 2019, Several lawmakers expressed different opinions, however, National Council Chairperson Margaret Mensah-Williams said, "irrespective of how uncomfortable it is, it is time that we should talk about the LGBTI community. They are part of our communities."WEB,weblink Walters backs LGBT marriage, Namibian Sun, 10 July 2019, Yvonne Dausab, chairperson of the Law Reform and Development Commission, said that the Constitution of Namibia lacks "sufficient language to describe and protect rights pertaining to the LGBTI plus community". At a roundtable hosted in 2019 by the ombudsman to address equal protection for Namibia's LGBT community, several lawmakers called for these issues to be tackled urgently.In June 2019, following the repeal of Botswana's sodomy law by its High Court, First Lady Monica Geingos called for the repeal of Namibia's sodomy law, saying that the "sodomy law's days are numbered" and "Namibia will be next".WEB,weblink Sodomy law's days numbered - Geingos, Namibia Sun, 14 June 2019, A court ruling contesting Namibia's criminalization of homosexuality is expected for May 17, 2024, which is coincidentally the International Day against Homophobia, Biphobia and Transphobia.WEB, Routh, Roland, Ruling on sodomy law reserved for May 2024,weblink New Era (Namibia), New Era, 1 November 2023,

Recognition of same-sex relationships

In 2001, a Namibian woman and her German partner, Elisabeth Frank, sued to have their relationship recognised so that Frank could reside in Namibia. The Immigration Board granted the residence permit, and the State appealed to the Supreme Court. While the court ruled that Frank should be given a permanent residence permit, which she received a year later, it did not rule in favour of same-sex relationships.WEB, Appeal Judgment: Chairperson of the Immigration Selection Board v Frank and Another, Strydom, Johan, Teek, Pio, O'Linn, Bryan, Supreme Court of Namibia,weblink 26 June 2019, 26 June 2019, 15 February 2020,weblink" title="web.archive.org/web/20200215200747weblink">weblink dead, The Ombudsman of Namibia spoke in August 2016 on the matter of same-sex marriage and said the following:In December 2017, a case was brought to the High Court by Namibian citizen Johann Potgieter who married his South African husband Daniel Digashu in South Africa in 2015. The couple filed a lawsuit against the Namibian Government to have their 2015 South African marriage recognised in Namibia.WEB,weblink Namibia: Govt Sued Over Gay Marriage, Menges, Werner, December 14, 2017, All Africa, May 18, 2023,weblink" title="web.archive.org/web/20180216205012weblink">weblink 16 February 2018, WEB,weblink Namibia: Gay couple sue govt for same-sex marriage and family rights, Mambaonline, 15 December 2017, Igual, Roberto, In January 2018, Digashu won a court petition to allow him to enter Namibia as the High Court continues to review their case. The ombudsman said that he is not opposed to the recognition of their marriage in Namibia.In 2018, a second case was filed by Namibian-born lawyer Anita Grobler and her South African spouse, Susan Jacobs, who have been together in a relationship for over 25 years, in an attempt to have their 2009 South African marriage recognized in Namibia and to obtain residence rights for Jacobs. A third case was filed in 2018 by Anette Seiler-Lilles and her German wife Anita Seiler-Lilles, who have been together since 1998. The couple seeks to have their 2017 German marriage recognized in Namibia.In June 2019, Judge President Petrus Damaseb directed that a full bench of three judges should be designated to hear all pending cases. Ombudsman John Walters argues that marriage should be opened to couples irrespective of gender. Walters is one of eight respondents cited in the case; the other seven respondents include the Minister of Home Affairs and Immigration and the Attorney General who have both filed notices against same-sex marriage.On 16 May 2023, the Supreme Court of Namibia ruled that same-sex marriages legally performed abroad must be recognized by the government. The judgement gives non-Namibian spouses in same-sex marriages the same residence rights in Namibia that are accorded to spouses in opposite-sex marriages.WEB, Menges, Werner, 2023-05-16, Supreme Court gives legal status to same-sex marriages,weblink 2023-05-16, The Namibian, en-GB, WEB,weblink Namibia's top court recognises same-sex marriages formed elsewhere, May 16, 2023, Reuters, May 21, 2023,weblink May 17, 2023,

Discrimination protections

Discrimination on the basis of sexual orientation is outlawed in Namibia but it is not for gender identity. The Namibian Constitution includes the category "social status", which could be interpreted as covering LGBT people.WEB,weblink The Constitution of The Republic of Namibia, May 18, 2023,weblink" title="web.archive.org/web/20150122232211weblink">weblink January 22, 2015, Namibia is one of the rare cases in which a provision protecting people from discrimination based on sexual orientation was repealed by a legislative body. As early as 1992, local activists successfully lobbied to include "sexual orientation" among the prohibited grounds of discrimination in the Labour Act 1992. In 2004, a new labour law was discussed in Parliament and the inclusion of the term was a topic of heated debates, resulting in the exclusion of the term from the final text. However, this law never came into force. The Labour Act 2007 currently in force does not include sexual orientation among the prohibited grounds of discrimination.WEB,weblink Justice Minister scorns homosexuality as 'criminal', Namibian, 7 May 2004, Dentlinger, Lindsay, In August 2016, the United Nations Human Rights Committee called on the Government of Namibia to adopt legislation explicitly prohibiting discrimination based on sexual orientation, including in the Labour Act (Act No. 11 of 2007). Following the committee's call, the Ombudsman of Namibia, argued that a measure prohibiting discrimination on the ground of sexual orientation needs to be in the Constitution.In October 2021, a Namibian court found that the constitution bans discrimination against sexual orientation.WEB,weblink Namibia court bans anti-gay discrimination in child citizenship case, 21 October 2021, October 21, 2021,

Hate crime laws

LGBT people in Namibia face discrimination, harassment and violence. Additionally, similarly to neighbouring South Africa, lesbians are occasionally the victims of so-called corrective rape, where male rapists purport to raping the lesbian victim with the intent of 'curing' her of her sexual orientation.In August 2016, the United Nations Human Rights Committee called on Namibia to adopt hate crime legislation punishing homophobic and transphobic violence, and vigorously enforce it.

Gender identity and expression

The Births, Marriages and Deaths Registration Act 81 of 1963 () states that: "The Secretary may on the recommendation of the Secretary of Health, alter in the birth registerof any person who has undergone a change of sex, the description of the sex of such person and may for this purpose call for such medical reports and institute such investigations as he may deem necessary."WEB,weblink Transgender Rights in Namibia, It was reported in 2015 that applications for change of sex are done on a case-by-case basis and are not problematic, as long as a person can provide medical reports of their sex change, which includes undergoing sex reassignment surgery. Once the application is granted, a transgender person can apply for a new identity document and passport.In addition, a transgender person who has not had a "change of sex" could possibly use the Identification Act 2 of 1996. The act states that "if an identity document does not reflect correctly the particulars of the person to whom it was issued, or contains a photograph which is no longer a recognizable image of that person" the Minister shall cancel it and replace it with an improved identity document.

Blood donation

Individuals seeking to donate blood in Namibia must not have had more than one sexual partner within the past six months, irrespective of sexual orientation and gender. People "suspect of having contracted a sexually-transmitted disease such as HIV or syphilis" are not allowed to donate.WEB,weblink WHEN NOT TO GIVE BLOOD, www.bts.com.na, 22 May 2020, 13 October 2018,weblink" title="web.archive.org/web/20181013173440weblink">weblink dead,

Public opinion

A 2016 Afrobarometer opinion poll found that 55% of Namibians would welcome, or would not be bothered by having, a homosexual neighbour. Namibia was one of only four countries in Africa polled with a majority in favour,WEB, 2016-03-16, AD74: Good neighbours? Africans express high levels of tolerance for many, but not for all,weblink Afrobarometer, May 18, 2023,weblink" title="web.archive.org/web/20160316115013weblink">weblink 16 March 2016, the others being South Africa, Cape Verde and Mozambique.

Living conditions

In 2005, the Deputy Minister of Home Affairs and Immigration, Teopolina Mushelenga, claimed that lesbians and gay men betrayed the fight for Namibian freedom, were responsible for the HIV/AIDS pandemic, and were an insult to African culture.WEB,weblink Namibia: African NGOs Respond to Statement by Namibian Deputy Minister on Gays and Lesbians "Betraying the fight for freedom", 13 September 2005, Global LGBT Human Rights, In 2001, President Sam Nujoma warned about forthcoming purges against gays and lesbians in Namibia, saying "the police must arrest, imprison and deport homosexuals and lesbians found in Namibia."WEB,weblink nam008 Namibian president announces purges against gays, www.afrol.com, Home Affairs Minister Jerry Ekandjo in 2000 urged 700 newly graduated police officers to "eliminate" gays and lesbians "from the face of Namibia".WEB,weblink BBC News | AFRICA | Namibia gay rights row, news.bbc.co.uk, Mr Gay Namibia 2011, Wendelinus Hamutenya, was the victim of a homophobic assault in December 2011 in Windhoek.WEB,weblink Mr Gay Namibia Assaulted, 12 December 2011, www.advocate.com, In November 2012, Ricardo Amunjera was crowned Mr Gay Namibia. The pageant took place at a theatre-restaurant in the capital city, Windhoek. Amunjera went on to later marry his Motswana life partner Marc Omphemetse Themba in South Africa in 2013.NEWS,weblink Everyday is a honeymoon for Mr Gay Namibia and his life partne, MIYANICWE, 2013-04-17, WEB,weblink We're Namibia's first gay married couple: any questions for us?, Sharlaw, Maeve, May 19, 2014, The Guardian, May 21, 2023,weblink May 20, 2014, In December 2013, McHenry Venaani, the president of the Popular Democratic Movement (formerly DTA), spoke out in favor of LGBT rights and said that people should be allowed to live their private lives without interference.WEB,weblink Namibian political leader stands up for gay rights, Clemans, Miyanicwe-Nangolo, 16 December 2013, Gay Star News, May 18, 2023,weblink December 19, 2013, There are reports of a widespread use of religious gay conversion therapy practices in Namibia.

Activism

Namibia's first pride march took place in Windhoek in December 2013. It was attended by about 100 people.WEB,weblink NAMIBIA CELEBRATES PRIDE, Mambaonline, 9 December 2013, May 21, 2023,weblink" title="web.archive.org/web/20131216202137weblink">weblink December 16, 2013, The city of Swakopmund held its first pride parade in June 2016.WEB,weblink Namibia's Swakopmund celebrates its first Pride march, Mambaonline, 7 June 2016, May 21, 2023,weblink" title="web.archive.org/web/20160731001916weblink">weblink July 31, 2016, They both have continued annually since then and have not faced any impediments by the Namibian Government. In June 2017, around 200 people marched in a pride parade in Windhoek,WEB,weblink Namibia just held ita first official Pride parade, SBS, 31 July 2017, Morgan, Michaela, and in December 2018, hundreds of people marched in parades in the cities of Windhoek and Swakopmund.WEB,weblink Namibia celebrates LGBTI+ Pride in Windhoek and Swakopmund, Equal Eyes, 13 December 2018, WEB,weblink Namibia celebrates LGBTI+ Pride in Windhoek and Swakopmund (Pictures), Mambaonline, 12 December 2018, Igual, Roberto, In 2017, the Diversity Alliance of Namibia (DAN) was formed. The DAN is a collective of organisations representing sexual and gender minorities in Namibia. It includes the following organisations: Rights not Rescue Trust (RnRT), Tulinam, Young Feminist Movement of Namibia (Y-FEM), OutRight Namibia (ORN), Wings to Transcend Namibia (WTTN), Transgender Intersex and Androgynous Movement of Namibia (TIAMON), Rights for all Movement (RAM), Rural Dialogue Namibia, MPower Community Trust, and Voice of Hope Trust (VHT). The Alliance has elected Tulinam and RnRT as chair and vice-chair, respectively, and ORN as a secretariat and coordinating mechanism.WEB,weblink Namibia: The Pursuit of Happiness, Equal Eyes, 21 April 2018, On 17 May 2018, the International Day Against Homophobia, Transphobia and Biphobia, the Outreach Health drop-in-centre, which is Namibia's first LGBT health centre, was launched by OutRight Namibia in Windhoek.WEB,weblink Namibia's first LGBT health centre opens in Windhoek, Equal Eyes, 30 May 2018, WEB,weblink LGBTI Health Centre Opens in Namibia, Gay Nation, 6 June 2018, 19 July 2019, 19 July 2019,weblink dead, WEB,weblink Namibia's first LGBT health centre opens in Windhoek, Mambaonline, 28 May 2018, Igual, Roberto, In November 2017, the first Namibian Lesbian Festival was held in Windhoek. More than sixty young lesbians from eight regions came together for a week of public performances and creative expression, with poetry, stories, music, drama and dance.WEB,weblink First Lesbian Festival Held in Windhoek, Namibia Economist, 9 January 2018, Rasmeni, Mandisa, The second edition of the festival occurred in November 2018.WEB,weblink Lesbians Celebrate Life Through Creativity, Namibia Economist, 8 November 2018, Rasmeni, Mandisa, WEB,weblink First Nam lesbian festival underway, Namibian, 22 November 2017, Pinehas, Tutaleni, A few denominations, including the Evangelical Lutheran Church in the Republic of Namibia, tolerate LGBT Christians. Madelene Isaacks, a lesbian Christian, started the faith-based organisation Tulinam to help create safe spaces for sexual minorities in Namibian churches.WEB,weblink Namibian Christians vest hopes in 'pray the gay away' tactic, Religion News Service, 16 December 2016, Windhoek,

Political support

Support for LGBT rights among Namibian political parties is divided.NEWS,weblink Namibia: Politicians Divided On Homosexuality ... Neff Says 'To Hell' With Gay Rights, New Era, 28 May 2021, AllAfrica, Parties that support LGBT rights include the All People's Party (Namibia)|All People's Party]weblink {{bare URL inline|date=May 2023}} and the Popular Democratic Movement.WEB,weblink Namibian political leader stands up for gay rights, 16 December 2013, LGBT+ History Month, May 18, 2023,weblink September 17, 2021, Parties that oppose LGBT rights include the Namibian Economic Freedom FightersWEB,weblink Homophobic Namibian fighters: What the EFF?, Rebecca, Davis, 26 June 2014, Daily Maverick, and the SWAPO Party Youth League. Other parties such as Affirmative Repositioning have no official stance on the issue.

Summary table{| class"wikitable"

| Same-sex sexual activity legal15px|Yes) (Since 2024)| Equal age of consent (16)15px|Yes) (Since 2024)| Anti-discrimination laws in employment only15px|Yes) (Since 2021; sexual orientation only)| Anti-discrimination laws in the provision of goods and services15px|Yes) (Since 2021; sexual orientation only)| Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)15px|Yes) (Since 2021; sexual orientation only)| Same-sex marriages15px15pxDATE=2023-05-16 URL=HTTPS://NAMIBIAN.COM.NA/SUPREME-COURT-GIVES-LEGAL-STATUS-TO-SAME-SEX-MARRIAGES/ WEBSITE=THE NAMIBIAN, en-GB, | Recognition of same-sex couples 15pxURL=HTTPS://WWW.FRANCE24.COM/EN/LIVE-NEWS/20230516-NAMIBIA-RECOGNISES-SAME-SEX-MARRIAGES-CONCLUDED-ABROAD-WITH-FOREIGN-SPOUSE WEBSITE=FRANCE 24, en, | Stepchild adoption by same-sex couples15px|No)| Joint adoption by same-sex couples15px|No) | LGBT people allowed to serve openly in the military15px|No) | Right to change legal gender15px|Yes) (Sex reassignment surgery required)| Access to IVF for lesbians15px|No) | Commercial surrogacy for gay male couples15px|No) Men who have sex with men>MSMs allowed to donate blood15px|Yes)

See also

• LGBT rights in Africa
• Human rights in Africa
• Same-sex union court cases

References

{{Reflist}}

External links

• weblink" title="web.archive.org/web/20080728024828weblink">UK government travel advice for Namibia: Local laws and customs. Foreign & Commonwealth Office
• weblink" title="web.archive.org/web/20090704002958weblink">Namibia content at International Lesbian and Gay Association

{{Africa topic|LGBT rights in}}