Lesbian, gay, bisexual, and transgender+ (LGBT+) persons in
Namibia
Namibia (, ), officially the Republic of Namibia, is a country in Southern Africa. Its western border is the Atlantic Ocean. It shares land borders with Zambia and Angola to the north, Botswana to the east and South Africa to the south and ea ...
face legal challenges not experienced by non-
LGBT
' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity.
The LGBT term is a ...
residents. Discrimination based on sexual orientation and gender identity is not banned in Namibia, and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. However, despite the lack of legal rights experienced by Namibian LGBT citizens, acceptance and tolerance of LGBT people is much higher than in most African countries.
The climate for LGBT people in Namibia has eased in recent years. The country's leading LGBT advocacy group is OutRight Namibia, 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". 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.
History
Homosexuality and same-sex relations have been documented among various modern-day Namibian groups. In the 18th century, the
Khoikhoi
Khoekhoen (singular Khoekhoe) (or Khoikhoi in the former orthography; formerly also ''Hottentot (racial term), Hottentots''"Hottentot, n. and adj." ''OED Online'', Oxford University Press, March 2018, www.oed.com/view/Entry/88829. Accessed 13 ...
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 Ovambo may refer to:
*Ovambo language
*Ovambo people
* Ovamboland
*Ovambo sparrowhawk
The Ovambo or Ovampo sparrowhawk, also known as Hilgert's sparrowhawk, (''Accipiter ovampensis'') is a species of sub-Saharan African bird of prey in the famil ...
,
Nama,
Herero
Herero may refer to:
* Herero people, a people belonging to the Bantu group, with about 240,000 members alive today
* Herero language, a language of the Bantu family (Niger-Congo group)
* Herero and Namaqua Genocide
* Herero chat, a species of b ...
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.
Legality of same-sex sexual activity
In Namibia, there is no codified sodomy provision, but it remains a crime in the country under the Roman-Dutch common law in force.
Sodomy has been defined as "unlawful and intentional sexual relations between two human males." This therefore excludes sexual relations by heterosexual couples or lesbians.
Section 299 of the ''Criminal Procedure Act of 2004'' ( af, Strafproseswet van 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). Public displays of affection between two men can be considered "immoral" behaviour, which is punishable under the ''Combating of Immoral Practices Act of 1980'' ( af, Wet op die Bekamping van Onsedelike Praktyke, 1980).
In August 2016, the
United Nations Human Rights Committee
The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per y ...
released a report in
Windhoek
Windhoek (, , ) is the capital and largest city of Namibia. It is located in central Namibia in the Khomas Highland plateau area, at around above sea level, almost exactly at the country's geographical centre. The population of Windhoek in 20 ...
, Namibia's capital city, calling on the country to abolish its sodomy ban.
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:
The
Government of Namibia
The government of Namibia consists of the executive, the legislative and the judiciary branches. The Cabinet is the executive organ of government, implementing the laws of the country. It consists of the president, the prime minister and his dep ...
informed the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
that it has currently no intentions to repeal the sodomy law.
Several lawmakers expressed different opinions, however,
National Council Chairperson
Margaret Mensah-Williams
Margaret Natalie Mensah-Williams (born 25 December 1961) is a Namibian politician, diplomat, and prominent SWAPO member. She serves as Namibia's ambassador to the United States.
Mensah-Williams also served as councillor of Windhoek Khomasda ...
said, "irrespective of how uncomfortable it is, it is time that we should talk about the LGBTI community. They are part of our communities."
Yvonne Dausab, chairperson of the
Law Reform and Development Commission, said that the
Constitution of Namibia
The Constitution of Namibia is the supreme law of the Republic of Namibia. Adopted on 9 February 1990, a month prior to Namibia's independence from apartheid South Africa, it was written by an elected constituent assembly.
Preamble
"Whereas ...
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
First lady is an unofficial title usually used for the wife, and occasionally used for the daughter or other female relative, of a non-monarchical
A monarchy is a form of government in which a person, the monarch, is head of state fo ...
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".
Recognition of same-sex relationships
In 2001, a Namibian woman and her
German
German(s) may refer to:
* Germany (of or related to)
**Germania (historical use)
* Germans, citizens of Germany, people of German ancestry, or native speakers of the German language
** For citizens of Germany, see also German nationality law
**Ger ...
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
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. 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.
The Ombudsman of Namibia spoke in August 2016 on the matter of
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
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.
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
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
who have both filed notices against same-sex marriage.
Discrimination protections
Discrimination on the basis of
sexual orientation
Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
and
gender identity
Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...
is not outlawed in Namibia. The Namibian Constitution includes the category "social status", which could be interpreted as covering LGBT people.
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.
In August 2016, the United Nations Human Rights Committee called on the
Government of Namibia
The government of Namibia consists of the executive, the legislative and the judiciary branches. The Cabinet is the executive organ of government, implementing the laws of the country. It consists of the president, the prime minister and his dep ...
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
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
.
Hate crime laws
LGBT people in Namibia face discrimination, harassment and violence. Additionally, similarly to neighbouring
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
, lesbians are occasionally the victims of so-called
corrective rape
Corrective rape, also called curative rape, as well as homophobic rape, is a hate crime in which one or more people are raped because of their perceived sexual orientation such as homosexuality or bisexuality. The common intended consequence ...
, 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'' ( af, Wet op die Registrasie van Geboortes, Huwelike en Sterfgevalle, 1963) states that: "The Secretary may on the recommendation of the Secretary of Health, alter in the birth register
of 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."
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
Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and alle ...
. 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.
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, the others being
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
,
Cape Verde
, national_anthem = ()
, official_languages = Portuguese
, national_languages = Cape Verdean Creole
, capital = Praia
, coordinates =
, largest_city = capital
, demonym ...
and
Mozambique
Mozambique (), officially the Republic of Mozambique ( pt, Moçambique or , ; ny, Mozambiki; sw, Msumbiji; ts, Muzambhiki), is a country located in southeastern Africa bordered by the Indian Ocean to the east, Tanzania to the north, Malawi ...
.
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
The global epidemic of HIV/AIDS (human immunodeficiency virus infection and acquired immunodeficiency syndrome) began in 1981, and is an ongoing worldwide public health issue. According to the World Health Organization (WHO), as of 2021, HIV/AI ...
, and were an insult to African culture. In 2001, President
Sam Nujoma
Samuel Shafiishuna Daniel Nujoma, (; born 12 May 1929) is a Namibian revolutionary, anti-apartheid activist and politician who served three terms as the first President of Namibia, from 1990 to 2005. Nujoma was a founding member and the first ...
warned about forthcoming purges against gays and lesbians in Namibia, saying "the police must arrest, imprison and deport homosexuals and lesbians found in Namibia." Home Affairs Minister
Jerry Ekandjo
Jerry Lukiiko Ekandjo (born 17 March 1947) is a Namibian politician, former anti-apartheid activist and political prisoner. He is one of the founding members of the SWAPO Youth League and has been one of the most active internal leading members ...
in 2000 urged 700 newly graduated police officers to "eliminate" gays and lesbians "from the face of Namibia".
Mr Gay Namibia 2011, Wendelinus Hamutenya, was the victim of a homophobic assault in December 2011 in
Windhoek
Windhoek (, , ) is the capital and largest city of Namibia. It is located in central Namibia in the Khomas Highland plateau area, at around above sea level, almost exactly at the country's geographical centre. The population of Windhoek in 20 ...
.
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
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
in 2013.
In December 2013,
McHenry Venaani
McHenry Venaani (born 8 September 1977) is a Namibian politician and the president of the Popular Democratic Movement, a party with sixteen seats in the National Assembly of Namibia and one seat in the National Council of Namibia. Venaani has be ...
, the president of the
Popular Democratic Movement
The Popular Democratic Movement (PDM), formerly the Democratic Turnhalle Alliance (DTA), is an amalgamation of political parties in Namibia, registered as one singular party for representation purposes. In coalition with the United Democratic ...
(formerly DTA), spoke out in favor of LGBT rights and said that people should be allowed to live their private lives without interference.
There are reports of a widespread use of religious gay
conversion therapy
Conversion therapy is the pseudoscientific practice of attempting to change an individual's sexual orientation, gender identity, or gender expression to align with heterosexual and cisgender norms. In contrast to evidence-based medicine and cli ...
practices in Namibia.
Activism
Namibia's first pride march took place in
Windhoek
Windhoek (, , ) is the capital and largest city of Namibia. It is located in central Namibia in the Khomas Highland plateau area, at around above sea level, almost exactly at the country's geographical centre. The population of Windhoek in 20 ...
in December 2013. It was attended by about 100 people. The city of
Swakopmund
Swakopmund (german: Mouth of the Swakop) is a city on the coast of western Namibia, west of the Namibian capital Windhoek via the B2 main road. It is the capital of the Erongo administrative district. The town has 44,725 inhabitants and covers ...
held its first pride parade in June 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
A pride parade (also known as pride march, pride event, or pride festival) is an outdoor event celebrating lesbian, gay, bisexual, transgender, and queer culture, queer (LGBTQ) social and self-acceptance, achievements, LGBT rights by country o ...
in Windhoek, and in December 2018, hundreds of people marched in parades in the cities of Windhoek and Swakopmund.
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.
On 17 May 2018, the
International Day Against Homophobia, Transphobia and Biphobia
International Day Against Homophobia, Biphobia, Lesbophobia and Transphobia is observed on May 17 and aims to coordinate international events that raise awareness of LGBT rights violations and stimulate interest in LGBT rights work worldwide. By ...
, the Outreach Health drop-in-centre, which is Namibia's first LGBT health centre, was launched by OutRight Namibia in Windhoek.
In November 2017, the first Namibian Lesbian Festival was held in Windhoek. More than sixty young lesbians from eight
regions
In geography, regions, otherwise referred to as zones, lands or territories, are areas that are broadly divided by physical characteristics (physical geography), human impact characteristics (human geography), and the interaction of humanity and t ...
came together for a week of public performances and creative expression, with poetry, stories, music, drama and dance. The second edition of the festival occurred in November 2018.
A few denominations, including the
Evangelical Lutheran Church in the Republic of Namibia
) is a Lutheran denomination based in Namibia. It has a total membership of about 420,000.
The ELCRN grew out of work done by the Rhenish Missionary Society starting in 1842. The denomination was established in 1957 as the Evangelical Lutheran Chu ...
, 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.
Summary table
See also
*
LGBT rights in Africa
With the exception of South Africa and Cape Verde, lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are limited in comparison to the United States, Canada, Western Europe, Australia, and New Zealand.
Out of the 55 states recognised ...
*
Human rights in Africa
Contributing to the establishment of human rights system in Africa are the United Nations, international law and the African Union which have positively influenced the betterment of the human rights situation in the continent. However, extensive h ...
*
Same-sex union court cases
References
External links
UK government travel advice for Namibia: Local laws and customs ''Foreign & Commonwealth Office''
Namibia content at International Lesbian and Gay Association{{Africa topic, LGBT rights in
LGBT in Namibia
Namibia
Namibia (, ), officially the Republic of Namibia, is a country in Southern Africa. Its western border is the Atlantic Ocean. It shares land borders with Zambia and Angola to the north, Botswana to the east and South Africa to the south and ea ...
Law of Namibia
Namibia
Namibia (, ), officially the Republic of Namibia, is a country in Southern Africa. Its western border is the Atlantic Ocean. It shares land borders with Zambia and Angola to the north, Botswana to the east and South Africa to the south and ea ...
Human rights in Namibia
Politics of Namibia