Entry #1318: Homosexual activity in Namibia

Current Version

RegionNamibia
IssueHomosexual activity
StatusMale illegal, female uncertain
Start DateMar 21, 1990
End DateJun 21, 2024
DescriptionWhen 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.
Sourceshttps://www.humandignitytrust.org/news/laws-banning-same-sex-conduct-overturned-by-namibia-high-court/

Revision History (22)

edited by DaisyGeekyTrans. Reverting to revision #58282: As Miles said, “unnatural offences” makes things vague for lesbianism.

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ValueMale illegal, female legalMale illegal, female uncertain

edited by Pizzaslices412653. Prior to decriminalization in 2024, the law only applied to men

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ValueMale illegal, female uncertainMale illegal, female legal

edited by Unknownmiles. Reverting to revision #58280: the “unnatural sexual offences” clause/provision makes me feel that uncertain fits better

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ValueMale illegal, female legalMale illegal, female uncertain

edited by Pizzaslices412653. Female always legal in Namibia

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ValueMale illegal, female uncertainMale illegal, female legal

edited by Unknownmiles. Rewriting description, changing status, and removing federal law

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ValueMale illegal, female legalMale illegal, female uncertain
DescriptionWhen 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 between men.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.
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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 between men. sex performed between men and not sex between woman.
Federal LawYesNo

edited by Unknownmiles. replacing broken link and rewriting a part of description

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DescriptionWhen 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.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 between men.
Show Difference
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. "unnatural sexual offences." The law was only applied toward sodomy performed between men.
Sourceshttps://web.archive.org/web/20240406143807/https://www.humandignitytrust.org/country-profile/namibia/https://www.humandignitytrust.org/news/laws-banning-same-sex-conduct-overturned-by-namibia-high-court/
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https://web.archive.org/web/20240406143807/https://www.humandignitytrust.org/country-profile/namibia/ https://www.humandignitytrust.org/news/laws-banning-same-sex-conduct-overturned-by-namibia-high-court/

edited by Unknownmiles. Removing unnecessary links and adding a necessary one.

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Sourceshttps://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		https://web.archive.org/web/20240406143807/https://www.humandignitytrust.org/country-profile/namibia/
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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 https://web.archive.org/web/20240406143807/https://www.humandignitytrust.org/country-profile/namibia/

edited by Unknownmiles. Making entry up to date and setting as federal law

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DescriptionWhen 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.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.
Show Difference
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. criminalized sodomy and unnatural sexual offences. The law was only applied toward sodomy performed by men.
Federal LawNoYes

edited by Unknownmiles. Namibia ruled it unconstitutional

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End Date(none)Jun 21, 2024
Reports (1)
  • Newer law has been passed "Legal since June, 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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End DateMay 17, 2024(none)
DescriptionWhen 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
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. 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.
Sourceshttps://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
Show Difference
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

edited by PersianArchitecture. making this edit and adding sources so current entry can be deleted until the judgement is actually posted

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DescriptionWhen 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
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.
Sourceshttps://www.humandignitytrust.org/country-profile/namibia/#:~:text=Sodomy%20is%20criminalised%20as%20an,sexual%20intercourse%20between%20men%20onlyhttps://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
Show Difference
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

edited by Unknownmiles. Links, dates, and description

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Start Date1920Mar 21, 1990
DescriptionNot 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
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.
Sourceshttp://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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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

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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End Date(none)May 17, 2024
DescriptionNot enforced (decriminalization pending)Not enforced. Decriminalization pending. Court plans to decriminalize homosexuality by May 17, 2024.
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Not enforced (decriminalization pending) enforced. Decriminalization pending. Court plans to decriminalize homosexuality by May 17, 2024.
Sourceshttp://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
Show Difference
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

edited by DuffdeNecker

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ValueLegalMale 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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ValueMale illegal, female legalLegal

edited by Antinousosiris

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DescriptionNot enforced Not enforced (decriminalization pending)

edited by Antinousosiris

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ValueIllegal (imprisonment as punishment)Male illegal, female legal
DescriptionAccording 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
Show Difference
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

edited by vviet93

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  • 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."

edited by danlev

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DescriptionAccording 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
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." "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."

edited by danlev

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DescriptionAccording 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
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." 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."

created by danlev

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Original entry
StatusIllegal (imprisonment as punishment)
Start Date(unknown)
End Date(none)
DescriptionAccording 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."
Sourceshttp://lib.ohchr.org/HRBodies/UPR/Documents/Session10/NA/JS1_JointSubmission-eng.pdf http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf