Concluding Observations, E/C.12/NAM/CO/1, 4 March 2016: Namibia
C. Principal subjects of concern and recommendations
21. The Committee notes with concern that the State party, in its Constitution, prohibits discrimination based on only a limited number of grounds. The Committee is also concerned at the lack of comprehensive legislation that addresses discrimination in all economic, social and cultural rights as, for instance, affirmative actions are permitted only in areas such as employment and land allocation. Moreover, the Committee is concerned that discriminatory provisions are still enforced in the State party, such as the criminalization of sexual relations between consenting adult men (art. 2 (2)).
22. The Committee recommends that the State party:
(a) Expand the grounds for discrimination prohibited in the Constitution to include, among others, marital status, political or other opinion, HIV status, disability, sexual orientation, language, property and birth;
(b) Adopt comprehensive anti-discrimination legislation that prohibits both direct and indirect discrimination and provides for the possibility of temporary special measures and remedies for victims;
(c) Abrogate all discriminatory legal provisions and, in that regard, decriminalize sexual relations between consenting individuals of the same sex.
23. The Committee draws the attention of the State party to its general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights.
Link to full text of the report: Concluding Observations-CESCR-Namibia-2016-eng