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Asylum, Immigration, Refugees | Legislation/Cases/References |
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Courts & Tribunals
On 11 January 2018, in what could be a test case for same-sex marriage in the African country, it was reported that the government had granted Johann Potgieter's application to allow his South African husband Daniel Digashu to enter Namibia to be with him and son. In August 2016, the couple wer married in South Africa and are seeking recognition of the marriage in the Windhoek High Court. When Digashu's temporary work permit expired in early January, he faced having to leave Namibia [R1.2].
In 1998, the Namibian High Court granted permanent residency to a German woman on the basis of her long-term relationship with a Nambian woman [R1.1]. |
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Civil Unions, Partners: Domestic, Registered | Legislation/Cases/References |
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National
In June 1999, Namibia's high court ruled that gay and lesbian couples have exactly the same rights in the country as heterosexual couples [R1.1].
In April 1998, the Namibian High Court granted permanent residency to a German woman on the basis of her long-term relationship with a Nambian woman [R1.2]. |
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Discrimination | Legislation/Cases/References |
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National
In 1997, the Namibian Labour Code (Art. 107) explicitly prohibited discrimination in the work place on the grounds of sexual orientation [R1.1] however, in 2004, the law was repealed [R1.2].
In October 2000, Home affairs minister Jerry Ekandjo reportedly launched an attack on gays and lesbians in Nambia, urging a group of new police constables to "eliminate them from the face of Namibia" [R1.3].
In January 1997, Namibia's President Nujoma reportedly stated that "all necessary steps must be taken to combat influences that are influencing us and our children in a negative way. Homosexuals must be condemned and rejected in our society" [R1.4].
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Courts & Tribunals
In June 1999, Namibia's high court ruled that gay and lesbian couples have exactly the same rights in the country as heterosexual couples [R2.1]. |
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Homosexuality, Sodomy | Legislation/Cases/References |
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National
As at 2003, sodomy remained a crime in Nambia according to the Roman-Dutch common-law, which was imposed by the South Africans [R1.1].
Common-law is a legal tradition based mainly on precedent court verdicts. There is no codified sodomy provision in Nambia [R1.1].
It is unclear as to whether consensual sex between female same-sex couples is unlawful. |
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Marriage | Legislation/Cases/References |
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1. |
Courts & Tribunals
On 11 January 2018, in what could be a test case for same-sex marriage in the African country, it was reported that the government had granted Johann Potgieter's application to allow his South African husband Daniel Digashu to enter Namibia to be with him and son. In August 2016, the couple wer married in South Africa and are seeking recognition of the marriage in the Windhoek High Court. When Digashu's temporary work permit expired in early January, he faced having to leave Namibia [R1.2].
On 12 December 2017, Johann Potgieter and Daniel Digashu filed an application in the Windhoek High Court seeking to have their August 2016 marriage in South Africa and residence rights recognised in Namibia [R1.1]. |
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