There are reports of discrimination in Namibia, ranging from social exclusion, to violence, and ‘correctional rape’. In 2004 the Human Rights Committee of the United Nations noted the absence of anti-discrimination measures for sexual minorities. The ILO Committee of Experts in 2010 regretted that the New Labour Act 2007 did not prohibit discrimination on the grounds of sexual orientation. 

Ms Theopolina Mushelenga, Deputy Minister of Home Affairs and Immigration in 2005 stated that lesbian and gay people ‘betrayed the fight for Namibian freedom [and] are responsible for the HIV/AIDS pandemic’.

In 2011 Mr Gay Namibia was the victim of a violent attack in Windhoek, Namibia, the day after he had won the competition. Motives for the attack remain unclear.

Müller and Engelhard v Namibia, communication 919/2000, CCPR/C/74/D/919/2000 (26 March 2002) The citation of the Supreme Court judgment is Michael Andreas Müller v The President of the Republic of Namibia and The Minister of Home Affairs, case No SA 2/98 (Sup Ct) (Müller). Although Müller was not a case on sexual orientation, it was a case that tackled the issue of equality and its construction. This judgment makes clear that the list of prohibited grounds of discrimination under Namibian law is given much more weight than ground not specifically enumerated, and that difference in treatment based on reasonable and objective criteria not explicitly covered does not necessarily amount to prohibited discrimination.

Frank v Chairperson of the Immigration Selection Board: Case revolving around a lesbian couple with a Namibian woman and German citizen. The German woman applied to the Immigration Selection Board for a permanent residence permit in 1995. The Board denied Frank’s application holding that the women’s ‘long term relationship’ was not one recognised in law. On appeal, the High Court ruled in favour of the women, looking to the common law concept of a ‘universal partnership’ where individuals put in common their current and future property. It was held that due to the equality provisions in the Constitution this could also apply to the long term relationship between the women.
In the Supreme Court it was held that the provisions of the Namibian Constitution and the Immigration Act did not discriminate against Frank and her partner, arguing that the relationship between the two women did not factor into the decision to reject the German citizen’s work permit.