Rape and Domestic Violence: The law criminalizes rape of men and women, including spousal rape. By law rape is defined as the commitment of any sexual act under coercive circumstances. The courts tried numerous cases of rape during the year, and the government generally enforced court sentences providing between five and 45 years’ imprisonment for those convicted. Factors hampering rape prosecutions included limited police capacity and the withdrawal of allegations by victims after the filing of charges. Victims often withdrew charges because they received compensation from the accused; succumbed to family pressure, shame, or threats; or became discouraged at the length of time involved in prosecuting a case.
Traditional authorities may adjudicate civil claims for compensation in cases of rape, but criminal trials for rape are held in courts.
The government and media focused national attention on gender-based violence. The president and former presidents spoke publicly against gender-based violence.
The law prohibits domestic violence, but the problem was widespread. Penalties for conviction of domestic violence–including physical abuse, sexual abuse, economic abuse, intimidation, harassment, and serious emotional, verbal, or psychological abuse–range from a fine of N$300 ($23) for simple offenses to 10 years’ imprisonment, a fine, or both for assault with intent to cause grievous bodily harm.
The law provides for the issuance of protection orders in cases of domestic violence and specifies handling certain crimes of violence–including murder, rape, and assault–differently if the crimes take place within a domestic relationship. When authorities received reports of domestic violence, Gender-based Violence Protection Units staffed with police officers, social workers, legal advisors, and medical personnel trained to assist victims of sexual assault intervened. Some magistrate courts provided special courtrooms with a cubicle constructed of one-way glass and child-friendly waiting rooms to protect vulnerable witnesses from open testimony. The Ministry of Gender Equality and Child Welfare operated shelters; however, due to staffing and funding shortfalls, the shelters operated only on an as-needed basis, with social workers coordinating with volunteers to place and provide victims with food and other services.
Sexual Harassment: The law explicitly prohibits sexual harassment in the workplace. Employees who leave their jobs due to sexual harassment may be entitled to legal “remedies available to an employee who has been unfairly dismissed.”
Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .
Discrimination: Civil law prohibits gender-based discrimination, including employment discrimination. Women nonetheless experienced discrimination in such areas as access to credit, salary level, owning and managing businesses, education, and housing (see section 7.d.). Some elements of customary family law provide for different treatment of women. Civil law grants maternity leave to mothers but not paternity leave to fathers, bases marital property solely on the domicile of the husband at the time of the marriage, and sets grounds for divorce and divorce procedures differently for men and women. The law protects a widow’s right to remain on the land of her deceased husband, even if she remarries. Traditional practices in certain northern regions, however, permitted family members to confiscate the property of deceased men from their widows and children.
Birth Registration: The constitution provides for citizenship by birth within the country to a citizen parent or a foreign parent ordinarily resident in the country, or to those born outside the country to citizen parents.
The Ministry of Home Affairs and Immigration, in partnership with UNICEF, provided birth certificates for newborns at clinics and hospitals throughout the country, including through mobile registration vans and birth registration offices at 11 high-volume hospitals. According to the Ministry of Home Affairs and Immigration, approximately 98 percent of citizens had a birth certificate or other identifying document. For additional information, see Appendix C.
Child Abuse: Child abuse was a serious problem, and authorities prosecuted reported crimes against children, particularly rape and incest. The Ministry of Gender Equality and Child Welfare employed social workers throughout the country to address cases of child abuse and conducted public awareness campaigns aimed at preventing child abuse and publicizing services available to victims.
Early and Forced Marriage: The law prohibits civil marriage before age 18 for both boys and girls. For additional information, see Appendix C.
Sexual Exploitation of Children: The law criminalizes child pornography, child prostitution, and the actions of both the client and the pimp in cases of sexual exploitation of children under age 18. NGOs reported that HIV/AIDS orphans and other vulnerable children engaged in prostitution without third-party involvement due to economic pressures or as a means of survival.
The government enforced the law; perpetrators were routinely charged and prosecuted. The penalties for conviction of soliciting a child under age 16 for sex, or more generally for commercial sexual exploitation of a child (including through pornography), is a fine of up to N$40,000 ($3,030), up to 10 years’ imprisonment, or both. Penalties for conviction in cases involving children ages 16 and 17 are the same as for adults. The law makes special provisions to protect vulnerable witnesses, including individuals under age 18 or against whom a sexual offense has been committed.
An adult convicted of engaging in sexual relations with a child in prostitution under age 16 may be imprisoned for up to 15 years for a first offense and up to 45 years for a repeat offense. Any person who aids and abets trafficking in persons–including child prostitution–within the country or across the border is liable to a fine of up to one million Namibian dollars ($75,600) or imprisonment for up to 50 years. Conviction of solicitation of a prostitute, living off the earnings of prostitution, or keeping a brothel carries penalties of N$40,000 ($3,030), 10 years’ imprisonment, or both.
The minimum legal age for consensual sex is 16. The penalty for conviction of statutory rape–sex with a child under age 14 when the perpetrator is more than three years older than the victim–is a minimum of 15 years in prison when the victim is under 13 and a minimum of five years when the victim is 13. There is no minimum penalty for conviction of sexual relations with a child between ages 14 and 16. Possession of or trade in child pornography is illegal. The government trained police officers in handling of child sex abuse cases. Centers for abused women and children worked to reduce the trauma suffered by abused children.
Infanticide or Infanticide of Children with Disabilities: Media reported cases in which parents, usually young mothers, abandoned newborns, sometimes leading to the newborn’s death. The government enforced prohibitions against this practice by investigating and prosecuting violators.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.
There was a Jewish community of approximately 100 individuals, the majority of whose members lived in Windhoek. There were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The constitution protects the rights of “all members of the human family,” which domestic legal experts understand to prohibit discrimination against persons with disabilities. The law prohibits discrimination against persons with physical and mental disabilities. The law prohibits discrimination in any employment decision based on a number of factors, including any “degree of physical or mental disability” (see section 7.d.). It makes an exception in the case of a person with a disability if that person is, because of disability, unable to perform the duties or functions of the job in question. Enforcement in this area was ineffective, and societal discrimination persisted.
The government requires all newly constructed government buildings be accessible and include ramps and other features facilitating access. The government, however, neither mandates access to already constructed public buildings generally nor requires retrofitting of government buildings.
Children with disabilities attended mainstream schools. The law does not restrict the rights of persons with disabilities to vote and otherwise participate in civic affairs, but access to public venues hindered the ability of persons with disabilities to participate in civic life.
A deputy minister of disability affairs in the office of the vice president is responsible for matters related to persons with disabilities, including operation of the National Disability Council of Namibia. The council is responsible for overseeing concerns of persons with disabilities and coordinating implementation of policies on persons with disabilities with government ministries and agencies.
Despite constitutional prohibitions, societal, racial, and ethnic discrimination persisted.
By law all traditional communities participate without discrimination in decisions affecting their lands, cultures, traditions, and allocation of natural resources. Nevertheless, the San, the country’s earliest known inhabitants, were unable to exercise these rights effectively because of minimal access to education, limited economic opportunities, and their relative isolation. Some San had difficulty obtaining a government identification card because they lacked birth certificates or other identification. Without a government-issued identification card, the San could not access government social programs or register to vote. A lack of police presence, prosecutors, and courts prevented San women from reporting and seeking protection from gender-based violence.
Indigenous lands were effectively demarcated but poorly managed. Many San tribes lived on conservancy (communal) lands but were unable to prevent the surrounding larger ethnic groups from using and exploiting those lands. Some San claimed regional officials refused to remove other ethnic groups from San lands.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
Although Roman-Dutch common law inherited at independence criminalizes sodomy, the ban was not enforced. The law defines sodomy as intentional anal sexual relations between men. This definition excludes anal sexual relations between heterosexual couples and sexual relations between lesbians. Many citizens, however, considered all same-sex sexual activity taboo. The prohibition against sexual discrimination in the constitution does not prohibit discrimination based on sexual orientation.
Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced harassment when trying to access public services. Some politicians opposed any legislation that would specifically protect the rights of LGBTI persons. In August 2016 the ombudsman publicly declared his support for the legalization of same-sex marriage and the abolition of the common law offense of sodomy. There was some evidence of attitudes in government relaxing in recent years. For example, in July authorities permitted LGBTI groups to hold a parade that made its way down the main avenue in downtown Windhoek on a Saturday morning. Other than some isolated shouting of insults and head shaking from passing motorists, no harassment or violence took place.
HIV and AIDS Social Stigma
Although the law prohibits discrimination based on HIV status, societal discrimination against and stigmatization remained problems. Civil society organizations reported discriminatory treatment of persons with HIV/AIDS in access to health care services, instances of involuntary HIV testing, and social rejection and isolation. Some jobs in the civilian sector require a pre-employment test for HIV, but there were no reports of employment discrimination specifically based on HIV/AIDS status. According to the Namibian Employers’ Federation, however, discrimination based on HIV status was not a major problem in the workplace because most individuals were aware that HIV is not transmissible via casual contact.