Namibia - Universal Periodic Review

UPR 38, May 3, 2021
Recommendations by Canada

Background

Namibia is a state party to most major UN and international human rights instruments. Namibia has a solid domestic human rights framework and is a leader in protecting and promoting media freedom. In 2021, the NGO Reporters without Borders ranked Namibia 1^st in Africa for media freedom, and 24^th globally.

While Namibia has strong anti-discrimination legislation, LGBTI persons still do not benefit from full legal protection against discrimination based on sexual orientation and gender identity under current human rights legislation. Same-sex relations between consenting adults remain officially criminalized under the Criminal Procedure Act of 2004 (article 299). However, in 2016, the Ombudsman of Namibia questioned the need for these laws given their non-implementation.

Namibia has taken positive steps to protect the rights of Indigenous peoples, including with regards to equal access to public services such as education and health care in remote areas. Despite those efforts, Indigenous San citizens, especially women and girls, continue to report discrimination, negligence and abuse from health care and medical staff.

Gender equality and women’s empowerment has been a top priority of the Government of Namibia for decades – both at home and abroad. At the political level, the commitment towards gender equality is strong and steady, and has led to meaningful results in society. Nevertheless, gender-based violence remains high. In a series of protests in 2020 under the banner #ShutItDown, civil society organizations and citizens demanded the declaration of a state of emergency against gender-based violence and femicide, along with greater action from government and police agencies. Improved access to comprehensive sexual and reproductive health services was also sought, and the dialogue between civil society and the government continues on those issues.

Since its last UPR review, Namibia made concrete steps towards the improvement of online data protection and privacy, as well as combatting cybercrime through the adoption of the Electronic Transactions Act. Some civil society organizations voiced concerns with the Act as it empowers law enforcement to conduct interception and surveillance with the assistance of telecommunication companies.

Recommendations

Thank you, Madam President.

Canada welcomes Namibia’s presentation, and its leadership in promoting media freedom.

Canada recommends that Namibia:

1. Decriminalize sexual activity between same-sex consenting adults and ensure full legal equality and protections against discrimination.
2. Allocate adequate resources to programmes promoting Indigenous well-being and addressing discrimination and abuse of Indigenous peoples in the health care and education systems.
3. Develop and resource a framework with specific timelines to monitor the implementation of measures adopted to prevent and address gender-based violence.
4. Ensure that existing national cybercrime, data protection and privacy legislation is fully compliant with international human rights standards.

Canada remains concerned by the continuing high rates of violence against women and girls, which has intensified since the outset of the COVID-19 pandemic. Canada is also concerned about the prevalence of child marriage, which disproportionately affects school-age girls and adolescents.