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
    Unknown
    Military
    Ambiguous
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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History

Homosexual activity in Namibia

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Homosexual activity in Namibia is legal.

Current status
Since Jun 21, 2024
Legal
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.
Mar 21, 1990–Jun 21, 2024
Male illegal, female legal
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:
namibian.com.na/judgement-o…
humandignitytrust.org/count…~:text=Sodomy%20is%20criminalised%20as%20an,sexual%20intercourse%20between%20men%20only
allafrica.com/stories/20231…
neweralive.na/posts/ruling-…
Added by danlev  ·  Report error  ·  Log

Same-sex marriage in Namibia

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

Current status
Since May 16, 2023
Foreign same-sex marriages recognized only
On May 16th, 2023, Namibia’s top court ruled to recognize same-sex marriages performed in other countries.
Added by vviet93  ·  Report error  ·  Log

Censorship of LGBT issues in Namibia

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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.
Added by equaldex  ·  Report error  ·  Log

Right to change legal gender in Namibia

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Right to change legal gender in Namibia 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.
Added by Ausyk  ·  Report error  ·  Log

Gender-affirming care in Namibia

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Gender-affirming care in Namibia is legal.

Current status
Since Jan 1, 2015
Legal
In Namibia, medical transitions between the sexes are legal.

Legal recognition of non-binary gender in Namibia

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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.
Added by Notdog1996  ·  Report error  ·  Log

LGBT discrimination in Namibia

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LGBT discrimination in Namibia 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."
Added by DuffdeNecker  ·  Report error  ·  Log
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.
Added by vviet93  ·  Report error  ·  Log

LGBT employment discrimination in Namibia

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LGBT employment discrimination in Namibia 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.
Added by murrayhawthorne  ·  Report error  ·  Log

LGBT housing discrimination in Namibia

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LGBT housing discrimination in Namibia 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."
Added by Ausyk  ·  Report error  ·  Log

Same-sex adoption in Namibia

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Same-sex adoption in Namibia 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.
Added by Ausyk  ·  Report error  ·  Log

Intersex infant surgery in Namibia

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Intersex infant surgery in Namibia is unknown.

Current status
Unknown

Serving openly in military in Namibia

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Serving openly in military in Namibia is ambiguous.

Current status
Ambiguous
No known laws prohibit
Added by Ausyk  ·  Report error  ·  Log

Blood donations by MSMs in Namibia

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Blood donations by MSMs in Namibia is legal.

Current status
Legal
No laws against it
Added by Ausyk  ·  Report error  ·  Log

Conversion therapy in Namibia

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Conversion therapy in Namibia is not banned.

Current status
Not banned
Unknown.
Added by Ausyk  ·  Report error  ·  Log

Equal age of consent in Namibia

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Equal age of consent in Namibia 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.
Added by kelya_cht  ·  Report error  ·  Log
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.
Sources:
ageofconsent.net/world/namibia
humandignitytrust.org/count…~:text=Sodomy%20is%20criminalised%20as%20an,sexual%20intercourse%20between%20men%20only.
Added by Ausyk  ·  Report error  ·  Log


LGBT Rights by Region

View the LGBT laws in each individual region of Namibia.