Otjozondjupa is governed by federal Namibia law. Learn more
    Homosexuality
    ⚢
    ✔ Legal
    Gay Marriage
    ⚭
    ✖ Foreign same-sex marriages recognized only
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Legal, but requires surgery
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    ✖ Sexual orientation only
    Housing Discrimination
    ✖ Sexual orientation only
    Adoption
    ✔ Legal
    Intersex Infant Surgery
    ✖ Not banned
    Military
    Ambiguous
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in Otjozondjupa

?

Homosexual activity in Otjozondjupa is legal.

Current status
Since Jun 21, 2024
Legal under federal Namibia law
A Namibian High Court ruled that certain Namibian laws which criminalized sodomy were unconstitutional. The laws had been in place since right 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.
Details
Sources:
bbc.com/news/articles/c7220…
amp.theguardian.com/world/a…

Dausab v The Minister of Justice- High Court Judgement Document:
humandignitytrust.org/wp-co…
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Mar 21, 1990–Jun 21, 2024
Male illegal, female legal under federal Namibia law
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 sodomy performed by men.
Details
Sources:
web.archive.org/web/2024040…//www.humandignitytrust.org/country-profile/namibia/
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Same-sex marriage in Otjozondjupa

?

Same-sex marriage in Otjozondjupa is foreign same-sex marriages recognized only.

Current status
Since May 16, 2023
Foreign same-sex marriages recognized only under federal Namibia law
On May 16th, 2023, Namibia’s top court ruled in favor of recognizing same-sex marriages performed in other countries.
Details
Sources:
reuters.com/world/africa/na…
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Censorship of LGBT issues in Otjozondjupa

?

Censorship of LGBT issues in Otjozondjupa is no censorship.

Current status
No censorship
In Namibia, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Details
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Right to change legal gender in Otjozondjupa

?

Right to change legal gender in Otjozondjupa is legal, but requires surgery.

Current status
Legal, but requires surgery
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.
Details
Sources:
en.m.wikipedia.org/wiki/LGB…
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Gender-affirming care in Otjozondjupa

?

Gender-affirming care in Otjozondjupa is legal.

Current status
Since Jan 1, 2015
Legal
In Namibia, medical transitions between the sexes are legal.
Details
Sources:
opendemocracy.net/en/5050/n…
southernafricalitigationcen…
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Legal recognition of non-binary gender in Otjozondjupa

?

Legal recognition of non-binary gender in Otjozondjupa is not legally recognized.

Current status
Not legally recognized
There is no legal recognition of non-binary identities in Namibia.
Details
Sources:
southernafricalitigationcen…
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LGBT discrimination in Otjozondjupa

?

LGBT discrimination in Otjozondjupa is illegal in some contexts.

Current status
Since Oct 21, 2021
Illegal in some contexts
"A Namibian court has found that the constitution bans discrimination based on sexual orientation."
Details
Sources:
76crimes.com/2021/10/21/nam…
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Mar 12, 1990–Oct 21, 2021
No protections
Discrimination is legal (as there are no provisions) and the date provided is the date that the constitution of the country is written. Discrimination protection is only granted for sex, race, social and economic conditions.
Details
Sources:
refworld.org/pdfid/47175fd361.pdf
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LGBT employment discrimination in Otjozondjupa

?

LGBT employment discrimination in Otjozondjupa is sexual orientation only.

Current status
Since Oct 21, 2021
Sexual orientation only
"A Namibian court has found that the constitution bans discrimination based on sexual orientation."
Section 139 of the Labour Act of 2004 repealed the Labour Act of 1992 which in Section 107 prohibited sexual orientation discrimination.
Details
Sources:
76crimes.com/2021/10/21/nam…
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LGBT housing discrimination in Otjozondjupa

?

LGBT housing discrimination in Otjozondjupa is sexual orientation only.

Current status
Since Oct 21, 2021
Sexual orientation only
"A Namibian court has found that the constitution bans discrimination based on sexual orientation."
Details
Sources:
76crimes.com/2021/10/21/nam…
Report error  ·  Log

Same-sex adoption in Otjozondjupa

?

Same-sex adoption in Otjozondjupa is legal.

Current status
Since May 16, 2023
Legal
In Namibia, only married couples may adopt. While gay marriage is not legal, gay marriages performed in other countries are recognized in Namibia. Since gay marriages are recognized, gay people who are married and their marriage is recognized by Namibia may adopt.

Although in March of 2023, a Namibian court overturned the decision that made a child the son of a gay couple, this was because they had broken a law. The law they broke was failing to register the birth with Namibian authorities within a year.
Details
Sources:
lac.org.na/projects/grap/Pd…
africanews.com/2023/03/20/n…
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Intersex infant surgery in Otjozondjupa

?

Intersex infant surgery in Otjozondjupa is not banned.

Current status
Not banned
No laws banning it.
Details
Sources:
database.ilga.org/namibia-lgbti
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Serving openly in military in Otjozondjupa

?

Serving openly in military in Otjozondjupa is ambiguous.

Current status
Ambiguous
No known laws prohibit
Details
Sources:
humandignitytrust.org/count…
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Blood donations by MSMs in Otjozondjupa

?

Blood donations by MSMs in Otjozondjupa is legal.

Current status
Legal
No laws against it
Details
Sources:
namibian.com.na/index.php?i…
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Conversion therapy in Otjozondjupa

?

Conversion therapy in Otjozondjupa is not banned.

Current status
Not banned
Unknown.
Details
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Equal age of consent in Otjozondjupa

?

Equal age of consent in Otjozondjupa is equal.

Current status
Since Jun 21, 2024
Equal
Equal since 2024, the age of consent is 16 for all people and all sexual orientations.
Details
Sources:
guardian.ng/namibian-court-…
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Mar 21, 1990–Jun 21, 2024
Female equal, male N/A
The age of consent in Namibia is 16 years of age. However, sexual acts performed by males are illegal so the age of consent is irrelevant for them.
Details
Sources:
ageofconsent.net/world/namibia
humandignitytrust.org/count…~:text=Sodomy%20is%20criminalised%20as%20an,sexual%20intercourse%20between%20men%20only.
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Equality Index ?
53 / 100
Legal Rights
64 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Otjozondjupa to help improve its accuracy.

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