CAT/C/NAM/CO/2
(e)
Repeal the provisions in the Immigration Control Act, No. 7 of 1993, that
exclude a person convicted of sodomy from entering Namibia.
Sexual and gender-based violence, including domestic violence and violence against
children
28.
While noting the State party’s efforts to raise awareness about violence against
women and children, the Committee shares the concerns of the Human Rights Committee
about the high number of women who are murdered by their intimate partners (see
CCPR/C/NAM/CO/2, para. 23), and about child victims of sexual violence, including rape.
The Committee is also concerned at the State party’s lack of response about the allegations
of rape of San women. The Committee is further concerned at the low rate of prosecution of
perpetrators of rape, the lack of a mechanism for immediate protection orders and reports
that cases of rape are being decided by customary courts, which do not impose criminal
liability and may not provide full compensation to victims.
29.
The State party should strengthen its efforts to raise awareness about violence
against women and children. It should ensure that children are educated about
violence against women and children by training teachers, using new educational
technology and developing training courses, curricula and textbook content. The State
party should ensure that prompt, impartial and effective investigations are conducted
into allegations of violence, including rape, against children and all women, including
San women, and that perpetrators are prosecuted and punished. The State party
should provide specialized training to raise awareness about sexual violence among
the police and law enforcement forces. It should take effective measures to put in place
special programmes and separate sanctions when children are the victims of violence
and, in accordance with the principle of the best interest of the child, take into
consideration their possible stigmatization, their special need for confidence-building
measures and their lack of access to justice. The State party should strongly
discourage the settlement of sexual violence cases outside the formal justice system
and ensure that all courts, including customary courts, function in accordance with
respect for the rule of law and international human rights standards.
Lesbian, gay, bisexual, transgender and intersex persons
30.
The Committee is concerned at reports that lesbian, gay, bisexual, transgender and
intersex persons are subject to ill-treatment in detention, and that transgender women have
been placed together with male detainees, exposing them to a high risk of sexual assault.
The Committee is also concerned at reports of the failure to investigate, prosecute and
punish violence, harassment and ill-treatment, rape and murder of lesbian, gay, bisexual,
transgender and intersex persons. The Committee is further concerned by reports of abuse
of gay men by law enforcement personnel and by the stigmatization they suffer, especially
taking into consideration the current criminalization of sexual acts between consenting
adult men.
31.
The State party should take all necessary measures to protect lesbian, gay,
bisexual, transgender and intersex persons from threats and any form of violence,
particularly in places of detention, including by separating transgender women from
male detainees. The State party should ensure that violence against lesbian, gay,
bisexual, transgender and intersex persons is promptly, impartially and thoroughly
investigated and the perpetrators prosecuted and punished. The State party should
consider decriminalizing sexual acts between consenting adult men.
7