Current Version
| Region | Namibia |
| Issue | Homosexual activity |
| Status | Male illegal, female legal |
| Start Date | Mar 21, 1990 |
| End Date | Jun 21, 2024 |
| Description | When Namibia gained independence from South Africa in 1990, they inherited the Roman-Dutch common law. The law criminalizes sodomy and unnatural sexual offences. This law is only applied toward sodomy performed by men. The High Court was expected to rule on the matter of the legality of homosexuality in Namibia on May 17, 2024, but decided to postpone this matter until June. |
| Sources | https://www.namibian.com.na/judgement-on-sodomy-law-challenge-moved-to-june/ https://www.humandignitytrust.org/country-profile/namibia/#:~:text=Sodomy%20is%20criminalised%20as%20an,sexual%20intercourse%20between%20men%20only https://allafrica.com/stories/202311010204.html https://neweralive.na/posts/ruling-on-sodomy-law-reserved-for-may-2024 |
Reports (1)
- Newer law has been passed "Legal since June, 21 2024"
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Revision History (14)
edited by Unknownmiles. Namibia ruled it unconstitutional
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0 | Old Value | New Value (Current) | |
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| End Date | (none) | Jun 21, 2024 |
edited by Unknownmiles. Adding more info and link and deleting the end date since it wasn’t ruled on
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0 | Old Value | New Value | |
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| End Date | May 17, 2024 | (none) |
| Description | When Namibia gained independence from South Africa in 1990, they inherited the Roman-Dutch common law. The law criminalizes sodomy and unnatural sexual offences. This law is only applied toward sodomy performed by men. The High Court is expected to rule on the matter of the legality of homosexuality in Namibia on May 17, 2024. | When Namibia gained independence from South Africa in 1990, they inherited the Roman-Dutch common law. The law criminalizes sodomy and unnatural sexual offences. This law is only applied toward sodomy performed by men. The High Court was expected to rule on the matter of the legality of homosexuality in Namibia on May 17, 2024, but decided to postpone this matter until June. |
Show Difference | ||
| Sources | https://www.humandignitytrust.org/country-profile/namibia/#:~:text=Sodomy%20is%20criminalised%20as%20an,sexual%20intercourse%20between%20men%20only https://allafrica.com/stories/202311010204.html https://neweralive.na/posts/ruling-on-sodomy-law-reserved-for-may-2024 | https://www.namibian.com.na/judgement-on-sodomy-law-challenge-moved-to-june/ https://www.humandignitytrust.org/country-profile/namibia/#:~:text=Sodomy%20is%20criminalised%20as%20an,sexual%20intercourse%20between%20men%20only https://allafrica.com/stories/202311010204.html https://neweralive.na/posts/ruling-on-sodomy-law-reserved-for-may-2024 |
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edited by PersianArchitecture. making this edit and adding sources so current entry can be deleted until the judgement is actually posted
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Description | When Namibia gained independence from South Africa in 1990, they inherited the Roman-Dutch common law. The law criminalizes sodomy and unnatural sexual offences. This law is only applied toward sodomy performed by men. | When Namibia gained independence from South Africa in 1990, they inherited the Roman-Dutch common law. The law criminalizes sodomy and unnatural sexual offences. This law is only applied toward sodomy performed by men. The High Court is expected to rule on the matter of the legality of homosexuality in Namibia on May 17, 2024. |
Show Difference | ||
| Sources | https://www.humandignitytrust.org/country-profile/namibia/#:~:text=Sodomy%20is%20criminalised%20as%20an,sexual%20intercourse%20between%20men%20only | https://www.humandignitytrust.org/country-profile/namibia/#:~:text=Sodomy%20is%20criminalised%20as%20an,sexual%20intercourse%20between%20men%20only https://allafrica.com/stories/202311010204.html https://neweralive.na/posts/ruling-on-sodomy-law-reserved-for-may-2024 |
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edited by Unknownmiles. Links, dates, and description
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0 | Old Value | New Value | |
|---|---|---|
| Start Date | 1920 | Mar 21, 1990 |
| Description | Not enforced. Decriminalization pending. Court plans to decriminalize homosexuality by May 17, 2024. | When Namibia gained independence from South Africa in 1990, they inherited the Roman-Dutch common law. The law criminalizes sodomy and unnatural sexual offences. This law is only applied toward sodomy performed by men. |
Show Difference | ||
| Sources | http://lib.ohchr.org/HRBodies/UPR/Documents/Session10/NA/JS1_JointSubmission-eng.pdf http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf https://allafrica.com/stories/202311010204.html | https://www.humandignitytrust.org/country-profile/namibia/#:~:text=Sodomy%20is%20criminalised%20as%20an,sexual%20intercourse%20between%20men%20only |
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edited by Pizzaslices412653. Illegal since 1920
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| Start Date | (unknown) | 1920 |
edited by Pizzaslices412653. Namibian court plans to reverse sodomy law by May 17, 2024.
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0 | Old Value | New Value | |
|---|---|---|
| End Date | (none) | May 17, 2024 |
| Description | Not enforced (decriminalization pending) | Not enforced. Decriminalization pending. Court plans to decriminalize homosexuality by May 17, 2024. |
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| Sources | http://lib.ohchr.org/HRBodies/UPR/Documents/Session10/NA/JS1_JointSubmission-eng.pdf http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf | http://lib.ohchr.org/HRBodies/UPR/Documents/Session10/NA/JS1_JointSubmission-eng.pdf http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf https://allafrica.com/stories/202311010204.html |
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edited by DuffdeNecker
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0 | Old Value | New Value | |
|---|---|---|
| Value | Legal | Male illegal, female legal |
Reports (2)
- All information is correct, just adding sources "https://www.gaytimes.co.uk/life/could-namibia-decriminalise-same-sex-relations/amp/
Namibia set to debate law next May"
- Status is not correct "Namíbiában hatályon kívül helyezték a törvényt ezért jogilag nem büntethet?. "
edited by DuffdeNecker
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0 | Old Value | New Value | |
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| Value | Male illegal, female legal | Legal |
edited by Antinousosiris
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0 | Old Value | New Value | |
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| Description | Not enforced | Not enforced (decriminalization pending) |
edited by Antinousosiris
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0 | Old Value | New Value | |
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| Value | Illegal (imprisonment as punishment) | Male illegal, female legal |
| Description | According to a Submission in the UPR review of Namibia: "Homosexuality per se is not illegal in Namibia, however anal sex between two males has been considered illegal under common law sodomy provisions inherited as part of the Roman-Dutch law by the time of Namibia’s of independence. The law is silent on consensual sex between two women." | Not enforced |
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Reports (1)
- Status is not correct "Read the Legal Assistance Centre, a Namibian NGO's, report on LGBT rights. There are cases of arreat, albeit few with no trials."
| Old Value | New Value | |
|---|---|---|
| Description | According to a Submission in the UPR review of Namibia: "Homosexuality per se is not illegal in Namibia, however anal sex between two males has been considered illegal under common law sodomy provisions inherited as part of the Roman-Dutch law by the time of Namibia’s of independence. The law is silent on consensual sex between two women." | According to a Submission in the UPR review of Namibia: "Homosexuality per se is not illegal in Namibia, however anal sex between two males has been considered illegal under common law sodomy provisions inherited as part of the Roman-Dutch law by the time of Namibia’s of independence. The law is silent on consensual sex between two women." |
Show Difference | ||
| Old Value (Original) | New Value | |
|---|---|---|
| Description | According to a Submission in the UPR review of Namibia: "Homosexuality per se is not illegal in Namibia, however anal sex between two males has been considered illegal under common law sodomy provisions inherited as part of the Roman-Dutch law by the time of Namibia’s of independence. The law is silent on consensual sex between two women." | According to a Submission in the UPR review of Namibia: "Homosexuality per se is not illegal in Namibia, however anal sex between two males has been considered illegal under common law sodomy provisions inherited as part of the Roman-Dutch law by the time of Namibia’s of independence. The law is silent on consensual sex between two women." |
Show Difference | ||
| Original entry | |
|---|---|
| Status | Illegal (imprisonment as punishment) |
| Start Date | (unknown) |
| End Date | (none) |
| Description | According to a Submission in the UPR review of Namibia: "Homosexuality per se is not illegal in Namibia, however anal sex between two males has been considered illegal under common law sodomy provisions inherited as part of the Roman-Dutch law by the time of Namibia’s of independence. The law is silent on consensual sex between two women." |
| Sources | http://lib.ohchr.org/HRBodies/UPR/Documents/Session10/NA/JS1_JointSubmission-eng.pdf http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf |