Namibia

For a summary of Namibia’s review at the second cycle please click here.

10th UPR session
Date of review: 31 January 2011
Date of report adoption: 24 March 2011
Document number: A/HRC/17/14

SUMMARY

SOGIESC issues during Namibia’s 1st UPR review
Civil society submissions: ✓ (1 submission)
National report: ✘
UN information: ✓
Working group discussions: ✓
Recommendations: ✓ (3 noted)

I. SOGIESC issues/recommendations identified by NGOs
Right to privacy, marriage and family life

23. Pan Africa International Gay, Bisexual, Transgender and Intersex Association, ARC International and International Gay, Bisexual, Transgender and Intersex Association (JS1) have jointly urged Namibia to repeal all punitive and discriminatory laws that criminalize sexual activity between consenting adults of the same sex, in conformity with its international human rights obligations. They stated that at the time of independence, Namibia inherited Roman-Dutch Law which criminalized anal sex between two men infringing on the rights of persons with different sexual orientation.

II. Excerpts on SOGIESC issues from the national report
No references.

III. Excerpts on SOGIESC issues by UN agencies
Right to privacy, marriage and family life

24. In 2004, the HR Committee noted the absence of anti-discrimination measures for sexual minorities, such as homosexuals and recommended that Namibia consider, while enacting anti-discrimination legislation, introducing the prohibition of discrimination on the ground of sexual orientation. For its part, the ILO Committee of Experts in 2010 regretted that the new Labour Act of 2007 did not prohibit discrimination on the ground of sexual orientation.

IV. References to SOGIESC issues during the Working Group review
21. On homosexuality, it was noted that the Constitution outlawed discrimination of any kind. Since independence, no single case of discrimination on the basis of sexual preference or orientation had appeared before the courts. Homosexuals were not prosecuted for practising same-sex activities in private, although this practice was not condoned, and was considered immoral and prohibited in public. Same-sex marriages were not recognized. The Government has no intention of amending current laws.

42. […] Portugal expressed concern about discrimination, violence and punitive acts against homosexuals and enquired about measures taken regarding HIV/AIDS campaigns.

V. Conclusions and/or recommendations
Namibia noted the following recommendations:

99.1. Revoke the law which criminalizes consensual, non-commercial adult homosexual conduct, as it violates the rights to privacy, and the protection against discrimination (Portugal);

99.2. Abrogate all laws prohibiting consensual sexual relations between adults of the same sex (France);

99.3. Legislative measures be adopted to decriminalize consensual sexual relations between adults of the same sex including a provision on the prohibition of discrimination on the basis of sexual orientation or on gender identity (Spain).

VI. Further information
You will find all documents relating to Namibia’s first review at UPR-Info and OHCHR’s websites.