Laws

NAMIBIA

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Harassment
Hate Crimes
HIV/Aids
  Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Parenting
Partners
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Asylum, Immigration, Refugees Legislation/Cases/References
1.

National

In 1998, the Namibian High Court granted permanent residency to a German woman on the basis of her long-term relationship with a Nambian woman [R1.1].

R1.1 Brother Sister: Namibia Recognises Couple 16 APR 98
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
1.

National

In June 1999, Namibia's high court ruled that gay and lesbian couples have exactly the same rights in the country as heterosexual couples [R1.1].

In April 1998, the Namibian High Court granted permanent residency to a German woman on the basis of her long-term relationship with a Nambian woman [R1.2].

R1.1 Associated Press: Court Rebukes Government Over Gay Rights 25 JUN 99
R1.2 Brother Sister: Namibia Recognises Couple 16 APR 98
Discrimination Legislation/Cases/References
1.

National

In 1997, the Namibian Labour Code (Art. 107) explicitly prohibited discrimination in the work place on the grounds of sexual orientation [R1.1] however, in 2004, the law was repealed [R1.2].


In October 2000, Home affairs minister Jerry Ekandjo reportedly launched an attack on gays and lesbians in Nambia, urging a group of new police constables to "eliminate them from the face of Namibia" [R1.3].

In January 1997, Namibia's President Nujoma reportedly stated that "all necessary steps must be taken to combat influences that are influencing us and our children in a negative way. Homosexuals must be condemned and rejected in our society" [R1.4].

2.

Courts & Tribunals

In June 1999, Namibia's high court ruled that gay and lesbian couples have exactly the same rights in the country as heterosexual couples [R2.1].

R1.1 IGLHRC: 1997 Year in Review 02 JAN 97
R1.2 ILGA: State-Sponsored Homophobia PDF 700.06kb, 13 MAY 09
R1.3 Johannesburg Daily Mail & Guardian: Minister Tells Police to 'Eliminate' Gays 02 OCT 00
R1.4 IGLHRC: IGLHRC 1997 Year in Review 02 JAN 98
Sydney Star Observer: Namibian Homosexual Attack 03 JAN 97
R2 Associated Press: Court Rebukes Government Over Gay Rights 25 JUN 99

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Homosexuality, Sodomy Legislation/Cases/References
See also: [DISCRIMINATION]
1.

National

As at 2003, sodomy remained a crime in Nambia according to the Roman-Dutch common-law, which was imposed by the South Africans [R1.1].

Common-law is a legal tradition based mainly on precedent court verdicts. There is no codified sodomy provision in Nambia [R1.1].

It is unclear as to whether consensual sex between female same-sex couples is unlawful.

R1.1 ILGA: State-Sponsored Homophobia PDF 700.06kb, 13 MAY 09

GayLawNet®™ "Exclusive" Sponsorship of this page IS available