Regions  ▸  Africa  ▸  Namibia

LGBT Rights in Omaheke Region

Omaheke 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
    Unknown
    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 Omaheke

?

Homosexual activity in Omaheke is legal.

Current status
Since May 17, 2024
Legal
On November 1, 2023, Windhoek High Court judges Nate Ndauendapo, Shafimana Ueitele and Claudia Claasen announced that they will reserve the judgement on May 17, 2024.
Details
Sources:
neweralive.na/posts/ruling-…
allafrica.com/stories/20231…
Added by Pizzaslices412653  ·  Report error  ·  Log
Mar 21, 1990–May 17, 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.
Details
Sources:
humandignitytrust.org/count…~:text=Sodomy%20is%20criminalised%20as%20an,sexual%20intercourse%20between%20men%20only
Added by danlev  ·  Report error  ·  Log

Same-sex marriage in Omaheke

?

Same-sex marriage in Omaheke 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.
Details
Sources:
reuters.com/world/africa/na…
Added by vviet93  ·  Report error  ·  Log

Censorship of LGBT issues in Omaheke

?

Censorship of LGBT issues in Omaheke is no censorship.

Current status
No censorship
In Namibia, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Details
Added by equaldex  ·  Report error  ·  Log

Right to change legal gender in Omaheke

?

Right to change legal gender in Omaheke 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…
Added by Ausyk  ·  Report error  ·  Log

Gender-affirming care in Omaheke

?

Gender-affirming care in Omaheke 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…
Added by abbeydrgnn  ·  Report error  ·  Log

Legal recognition of non-binary gender in Omaheke

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

Current status
Not legally recognized
There is no legal recognition of non-binary identities in Namibia.
Details
Sources:
southernafricalitigationcen…
Added by Notdog1996  ·  Report error  ·  Log

LGBT discrimination in Omaheke

?

LGBT discrimination in Omaheke 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…
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.
Details
Sources:
refworld.org/pdfid/47175fd361.pdf
Added by vviet93  ·  Report error  ·  Log

LGBT employment discrimination in Omaheke

?

LGBT employment discrimination in Omaheke 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…
Added by murrayhawthorne  ·  Report error  ·  Log

LGBT housing discrimination in Omaheke

?

LGBT housing discrimination in Omaheke 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…
Added by Ausyk  ·  Report error  ·  Log

Same-sex adoption in Omaheke

?

Same-sex adoption in Omaheke 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…
Added by Ausyk  ·  Report error  ·  Log

Intersex infant surgery in Omaheke

?

Intersex infant surgery in Omaheke is unknown.

Current status
Unknown

Serving openly in military in Omaheke

?

Serving openly in military in Omaheke is ambiguous.

Current status
Ambiguous
No known laws prohibit
Details
Sources:
humandignitytrust.org/count…
Added by Ausyk  ·  Report error  ·  Log

Blood donations by MSMs in Omaheke

?

Blood donations by MSMs in Omaheke is legal.

Current status
Legal
No laws against it
Details
Sources:
namibian.com.na/index.php?i…
Added by Ausyk  ·  Report error  ·  Log

Conversion therapy in Omaheke

?

Conversion therapy in Omaheke is not banned.

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

Equal age of consent in Omaheke

?

Equal age of consent in Omaheke is equal.

Current status
Since May 17, 2024
Equal
Windhoek High Court judges Nate Ndauendapo, Shafimana Ueitele and Claudia Claasen will decide whether or not to keep the country's anti-sodomy law in place on May 17, 2024.
Details
Sources:
humandignitytrust.org/count…~:text=Sodomy%20is%20criminalised%20as%20an,sexual%20intercourse%20between%20men%20only.
ageofconsent.net/world/namibia
Added by Unknownmiles  ·  Report error  ·  Log
Mar 21, 1990–May 17, 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.
Added by Ausyk  ·  Report error  ·  Log
Equality Index ?
N/A
There is not enough information on Omaheke for an Equality Index to be assigned. Please contribute LGBTQ+ rights information or survey results that show the public opinion of LGBTQ+ issues in Omaheke to help improve its accuracy.

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Omaheke LGBT Organizations

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