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Namibia: Treatment of homosexuals by society and government authorities; legal recourse and protection available to homosexuals who have been subjected to ill-treatment (2005 - February 2007)

Various sources report that homosexuality is illegal in Namibia based on the common law offence of "unnatural sex crime" (Sodomy Laws 7 Mar. 2006; Behind The Mask n.d.; see also UN 15 Sept. 2006 and Australia 28 Feb. 2007). However, specific information as to this offence and its application could not be found among sources consulted by the Research Directorate. It is unclear whether the law criminalizes lesbian sexual acts (Sodomy Laws 7 Mar. 2006; Behind The Mask n.d.). Two sources report that the labour legislation prohibits discrimination on the basis of sexual orientation (ibid.; NSHR 11 Oct. 2006), however, Country Reports on Human Rights Practices for 2005 and a review of the Labour Act, 2004 indicate that there is no mention of sexual orientation in the legislation (US 8 Mar. 2006, Sec. 5; Namibia 8 Dec. 2004). It is not clear if the 2004 version of this legislation is in force as the US Department of State notes that it is "unimplemented" (8 Mar. 2006, Sec. 5) and the Web site of the Parliament of the Republic of Namibia indicates "no data" under the date of ascension of this Act (n.d.).

Freedom House reports that homosexuals face discrimination and that the government holds them responsible for the spread of HIV/AIDS (1 Sept. 2006). In its 2006 annual report on human rights, the National Society for Human Rights (NSHR) reports that it registered a total of 27 incidents that it classifies as cases of discrimination; out of those, six were aimed at lesbian, gay, bisexual and transgender (LGBT) people (11 Oct. 2006, 68). The NSHR also states that "more often than not, sexual minorities are likely to be subjected to sexual assaults in homes, schools, on streets, in prisons and police cells" and that lesbians have been targeted for rape by homophobic males (11 Oct. 2006, 25). The Rainbow Project, a non-governmental organization dedicated to LGBT people, indicates that by September 2005, they had recorded over 3,000 cases of "violence" against LGBT people since the beginning of the year and that "[s]ome 75 percent of LGBT people preferred to suffer in silence in order to hide their identity and save themselves from hate speech and crime" (UN 15 Sept. 2005; Behind The Mask 5 Sept. 2005). The Rainbow Project was also quoted in a Washington Post article where members indicated that "treatment of gays ... ranges from social ostracism to physical attacks" and that many gays and lesbians are forced to marry and have children in rural Namibia (24 Oct. 2005).

Several sources report that the Deputy Minister of Home Affairs and Immigration, Theopolina Mushelenga, made public homophobic remarks in September 2005 (UN 15 Sept. 2005; Behind The Mask 5 Sept. 2005; US 8 Mar. 2006, Sec. 5). Mushelenga reportedly accused gays and lesbians of causing the HIV/AIDS problem in the country and called them "a slap in the face of African culture" (ibid.; UN 15 Sept. 2005).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Australia. 28 February 2007. Department of Foreign Affairs and Trade. "Travel Advice: Namibia." [Accessed 27 Feb. 2007]

Behind The Mask. 5 September 2005. "More Homophobia is Condemned." [Accessed 27 Feb. 2007]
_____ . N.d. "About Namibia." [Accessed 29 Jan. 2007]

Freedom House. 1 September 2006. "Namibia." Freedom in the World 2006. [Accessed 27 Feb. 2007]

Namibia. 8 December 2004. Labour Act, 2004. [Accessed 28 Feb. 2007]
_____ . N.d. Parliament. "Search for an Act." [Accessed 2 Mar. 2007]

National Society for Human Rights (NSHR). 11 October 2006. Namibia: Human Rights Report 2006. [Accessed 28 Feb. 2007]

Sodomy Laws. 7 March 2006. "Namibia." [Accessed 27 Feb. 2007]

United Nations (UN). 15 September 2005. Integrated Regional Information Networks (IRIN). "Namibia: Rights NGOs Call for Official's Resignation Over Homophobic Remarks." [Accessed 27 Feb. 2007]

United States (US). 8 March 2006. Department of State. "Namibia." Country Reports on Human Rights Practices for 2005. [Accessed 27 Feb. 2007]

Washington Post. 24 October 2005. Emily Wax. "Namibia Chips Away at African Taboos on Homosexuality." [Accessed 29 Jan. 2007]

Additional Sources Consulted

Internet sites, including: 365gay.com, Advocate.com, Amnesty International, ARC International, Factiva, Freedom House, GayGuide.net, Gay Times [UK], GlobalGayz, Government of Namibia, Human Rights Watch (HRW), International Gay and Lesbian Human Rights Commission, International Lesbian and Gay Association (ILGA), Legal Assistance Centre, Legislationline, Ministry of Home Affairs and Immigration, The Namibian [Windhoek],Office of the United Nations High Commissioner for Human Rights (OHCHR), Parliament of Namibia, pinknews.co.uk, PlanetOut.com, the World Law Guide.