- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Foreign same-sex marriages recognized only
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ No protections
- Employment Discrimination
- ✖ No protections
- Housing Discrimination
- ✖ No protections
- Adoption
- ✖ Illegal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- Ambiguous
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Surveys in Namibia have revealed a prevalence of resistance towards LGBTQ+ rights.
OPPOSE
SUPPORT
History
Homosexual activity in Namibia is legal.
Current status
Since Jun 21, 2024
Legal
In 2024, A Namibian High Court ruled that certain Namibian laws that criminalized sodomy were unconstitutional. The laws had been in place since directly after Namibia gained independence. The three judges in the High Court said in a joint ruling that the laws that had banned “sodomy” and "unnatural sexual offenses" between men were unfair discrimination and should be removed.
Male illegal, female uncertain
When Namibia gained independence from South Africa in 1990, they inherited the Roman-Dutch common law. The law criminalized sodomy and "unnatural sexual offences." The law was only applied toward sex performed between men and not sex between woman.
Same-sex marriage in Namibia is foreign same-sex marriages recognized only.
Current status
Since May 16, 2023
Foreign same-sex marriages recognized only
In 2023, Namibia’s top court ruled that Namibia must recognize same-sex marriages performed in other countries.
On December 30th, 2024, the Marriage Act (2024) was assented to. The bill includes a ban on same-sex marriage. It has not come into effect though, because the Minister of Justice has not set a date on which it will come into force.
On December 30th, 2024, the Marriage Act (2024) was assented to. The bill includes a ban on same-sex marriage. It has not come into effect though, because the Minister of Justice has not set a date on which it will come into force.
Censorship of LGBT issues in Namibia is no censorship.
Current status
No censorship
In Namibia, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Namibia is legal, but requires surgery.
Current status
Since 1963
Legal, but requires surgery
Trans people can change their legal gender based on a clause from the Births, Marriages and Deaths Registration Act 81 of 1963.
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.
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.
Gender-affirming care in Namibia is restricted.
Current status
Restricted
In Namibia, medical transition is legal but sex reassignment surgery is unavailable and hormones are only accessible privately.
Legal recognition of non-binary gender in Namibia is not legally recognized.
Current status
Not legally recognized
There is no legal recognition of non-binary identities in Namibia.
LGBT employment discrimination in Namibia is no protections.
Current status
No protections
There are no legal protections in employment. In 2021, a Namibian court has found that the constitution bans discrimination based on sexual orientation. In March 2023, the Supreme Court overturned the 2021 decision.
Section 139 of the Labour Act of 2004 repealed the Labour Act of 1992 which in Section 107 prohibited sexual orientation discrimination. The Labour Act 2007, does not include sexual orientation.
Section 139 of the Labour Act of 2004 repealed the Labour Act of 1992 which in Section 107 prohibited sexual orientation discrimination. The Labour Act 2007, does not include sexual orientation.
Same-sex adoption in Namibia is illegal.
Current status
Illegal
In Namibia, only married couples may adopt. In October 2021, the High Court Main Division ruled that the child of a same-sex couple born abroad through surrogacy had the right to Namibian citizenship. In March 2023, the Supreme Court overturned the 2021 decision because the child’s birth was not registered in accordance with the law.
Intersex infant surgery in Namibia is not banned.
Current status
Not banned
No laws banning it.
Serving openly in military in Namibia is ambiguous.
Current status
Ambiguous
No known laws prohibit
Blood donations by MSMs in Namibia is legal.
Current status
Legal
No laws against it
Conversion therapy in Namibia is not banned.
Current status
Not banned
Conversion therapy is not banned in Namibia and there have been several instances of “corrective” rape.
Equality Rank
#113
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Namibia LGBT Organizations
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