DƆNÙESÈ Data Center / Women’s Rights Laws by Country / Namibia
Southern Africa · Country law profile
Namibia: women’s rights and civic space laws
Namibia’s Constitution guarantees equality before the law and prohibits discrimination on grounds including sex (Article 10), and recognises customary law only where consistent with the Constitution. Key statutes include the Combating of Domestic Violence Act 4 of 2003, the Labour Act 11 of 2007, the Affirmative Action (Employment) Act 29 of 1998 and a new Marriage Act adopted in 2024. Women held 42.3% of National Assembly seats in August 2026 under a voluntary SWAPO party quota, and Namibia ratified ILO Convention 190 in 2020.
At a glance
| Capital | Windhoek |
|---|---|
| Legal system | Common law based system with a supreme Constitution; customary law is recognised to the extent that it does not conflict with the Constitution (Article 66(1)) |
Key indicators
42.3% (44 of 104)Women in National Assembly (2026)
16.7% (7 of 42)Women in National Council (2026)
70.28World Bank WBL 2026 legal frameworks score (2026)
35.83World Bank WBL 2026 supportive frameworks score (2026)
54.27World Bank WBL 2026 enforcement perceptions score (2026)
Regional and international treaties
| Treaty | Status | Reservations or notes |
|---|---|---|
| Maputo Protocol | signed 9 Dec 2003 / ratified 11 Aug 2004 / deposited 26 Aug 2004 | Reservation on Article 6(d) (registration of marriages) until legislation on recording and registration of customary marriages is enacted. |
| CEDAW | accession 23 Nov 1992 | |
| CEDAW Optional Protocol | signed 19 May 2000 / ratified 26 May 2000 | |
| African Charter on the Rights and Welfare of the Child | signed 13 Jul 1999 / ratified 23 Jul 2004 / deposited 26 Aug 2004 | |
| ILO C190 Violence and Harassment Convention | ratified 9 Dec 2020 | |
| ICCPR | accession 28 Nov 1994 | |
| Kampala Convention | signed 23 Oct 2009 / not ratified (AU status list updated 8 Jul 2024) | |
| AU Convention on Cyber Security and Personal Data Protection (Malabo) | ratified 25 Jan 2019 / deposited 1 Feb 2019 | |
| Budapest Convention on Cybercrime | Not a party |
Constitution
| Equality guarantees | Article 10: equality before the law and prohibition of discrimination on grounds of sex, race, colour, ethnic origin, religion, creed, social or economic status. Article 14 protects the family. Article 66(1) recognises customary law to the extent it does not conflict with the Constitution. |
|---|---|
| Quotas or parity | No legislated electoral quota; voluntary party quota under the SWAPO Party Constitution. The Traditional Authorities Act 25 of 2000 requires affirmative action for women in traditional leadership. |
National laws
Gender-based and domestic violence
Combating of Domestic Violence Act No. 4 of 2003
Provides for protection against domestic violence.
Source: maputoprotocol.up.ac.za
Child marriage and age of marriage
Marriage Act, 2024
Sets the minimum age of marriage at 18 and refers to subsisting customary marriages.
Gaps: A clear system for recording and registering customary marriages is still needed before the Article 6(d) reservation can be withdrawn.
Source: ensafrica.com
Land and property
Communal Land Reform Act, 2002; Agricultural (Commercial) Land Reform Act No. 13 of 2002; Revised National Resettlement Policy 2018 to 2027
Land reform laws regulate communal land rights and state acquisition of commercial farmland; the resettlement policy prioritises women as a previously disadvantaged group.
Political participation and quotas
No legislated quota; voluntary SWAPO party quota
Women held 42.3% of National Assembly seats in August 2026. A 2019 motion sought to add a 50:50 gender rule for political parties to the Electoral Act 5 of 2014.
Gaps: The ACHPR (2016) urged implementation of the SADC Protocol on Gender and Development 50/50 target.
Labour and maternity
Labour Act No. 11 of 2007 (amended by Act No. 2 of 2012); Affirmative Action (Employment) Act No. 29 of 1998
The Labour Act prohibits discrimination and provides 12 weeks of maternity leave for employees with at least one year of service with the same employer. The Affirmative Action Act requires affirmative action plans for women and persons with disabilities.
Source: maputoprotocol.up.ac.za
Economic empowerment
Public Procurement Act, 2015 (section 2(b))
Provides for empowerment of and preferential treatment for women in public procurement.
Source: soawr.org
Access to justice and legal aid
Legal Aid Act No. 29 of 1990; Community Courts Act No. 10 of 2003
The Directorate of Legal Aid provides free legal aid in civil and criminal cases; community courts hear civil and minor criminal matters.
Gaps: The ACHPR (2016) recommended targeted policies for rural women’s access to justice.
Rape and sexual offences
Combating of Rape Act, Act No. 8 of 2000
Defines rape broadly around coercive circumstances and sets minimum sentences for sexual assault of women and girls.
Gaps: An amendment bill to widen coercive circumstances and adjust minimum sentences was still pending at the time of the state report.
Source: docstore.ohchr.org
Sexual harassment
Labour Act, Act No. 11 of 2007
Prohibits sexual harassment in employment as a form of discrimination and a barrier to equality at work.
Gaps: Protection is limited to the employment relationship; there is no general sexual harassment law covering schools or public spaces.
Source: docstore.ohchr.org
Child marriage and age of marriage
Child Care and Protection Act, Act No. 3 of 2015
Sets the age of majority at 18 and prohibits the marriage of children under 18.
Source: docstore.ohchr.org
Harmful practices
Child Care and Protection Act, Act No. 3 of 2015
Contains provisions protecting children against harmful social and cultural practices, including child marriage.
Gaps: Harmful practices affecting adult women, such as widowhood rites, are not covered by a dedicated statute.
Source: achpr.au.int
Family and personal status
Married Persons Equality Act, Act No. 1 of 1996
Governs equality between spouses in civil marriages and contains rules on marriage consent and minimum age.
Gaps: Customary marriages remain largely regulated by customary law outside this framework.
Source: docstore.ohchr.org
Family and personal status
Maintenance Act, Act No. 9 of 2003
Sets out the duty to support spouses and children and the procedure for maintenance claims in court.
Gaps: An amendment bill to clarify legal duties and streamline enforcement was still pending.
Source: docstore.ohchr.org
Inheritance and succession
Estates and Succession Amendment Act, Act No. 15 of 2005, with the Administration of Estates Act, Act No. 66 of 1965
Regulates the administration and distribution of deceased estates, including estates previously handled under colonial native administration rules.
Gaps: The Ministry of Justice reported that customary law spouses are not recognised as spouses for executorship and that customary law is not harmonised with the estates regime.
Source: parliament.na
Land and property
Flexible Land Tenure Act, Act No. 4 of 2012
Creates simpler and cheaper title schemes in informal settlements, which the government reports as widening women’s access to secure land rights.
Source: docstore.ohchr.org
Abortion and sexual and reproductive health
Abortion and Sterilization Act, Act No. 2 of 1975
Criminalises abortion except in narrow circumstances and requires prior informed consent for sterilisation.
Gaps: Reform to widen access to safe abortion has not been enacted, which restricts women’s reproductive autonomy.
Source: docstore.ohchr.org
Girls’ education
Basic Education Act, Act No. 3 of 2020
Provides for free and compulsory basic education and raises the compulsory attendance age from 16 to 18. It includes measures to manage learner pregnancy and took effect on 5 October 2023.
Source: observer24.com.na
Labour and maternity
Social Security Act, Act No. 34 of 1994
Establishes the Maternity Leave, Sick Leave and Death Benefit Fund that pays women an income during the 12 weeks of maternity leave guaranteed by the Labour Act.
Gaps: Women in informal work fall outside the contributory scheme.
Source: docstore.ohchr.org
Social protection
National Pensions Act, Act No. 10 of 1992
Provides non-contributory monthly grants to persons over 60 and persons with disabilities.
Source: achpr.au.int
Older persons
National Pensions Act, Act No. 10 of 1992
Guarantees a universal old age grant to every resident citizen over 60, a key income source for older women.
Gaps: There is no dedicated older persons rights law.
Source: achpr.au.int
Nationality
Namibian Citizenship Act, Act No. 14 of 1990
Grants citizenship by descent through either parent and allows spouses of either sex to acquire citizenship by marriage on the same terms, covering civil and customary marriages.
Source: lac.org.na
Trafficking
Combating of Trafficking in Persons Act, Act No. 1 of 2018
Criminalises trafficking in persons and provides protection and assistance to victims, particularly women and children, in line with the UN Palermo Protocol.
Source: docstore.ohchr.org
Access to justice and legal aid
Witness Protection Act, Act No. 11 of 2017
Establishes a witness protection programme and fund that can cover witnesses in gender-based violence cases.
Gaps: The Act was reported as not yet in force at the time of the state report.
Source: docstore.ohchr.org
Online violence and cybercrime
No cybercrime law in force (Cybercrime Bill, 2026 under consultation)
The draft bill would criminalise online harassment, cyberstalking, image-based abuse and malicious deepfakes.
Gaps: As of January 2026 the bill remained in draft and survivors of online abuse rely on general criminal law.
Source: channelafrica.co.za
Data protection
No data protection law in force (Data Protection Bill pending)
A Data Protection Bill was ready for resubmission to Cabinet in early 2026.
Gaps: Namibia had no comprehensive personal data protection law in force as of January 2026.
Source: channelafrica.co.za
Women and girls with disabilities
National Disability Council Act, Act No. 26 of 2004
Creates a council that represents persons with disabilities before state organs and requires ministries to report annually on disability programmes, including opportunities for women with disabilities.
Gaps: There is no standalone law domesticating the CRPD.
Source: adry.up.ac.za
Human rights defenders
Whistleblower Protection Act, Act No. 10 of 2017
Protects persons who report misconduct in good faith against reprisals.
Gaps: Namibia has no specific law recognising and protecting human rights defenders.
Source: achpr.au.int
Same-sex relations
High Court judgment of 21 June 2024 striking down the common law offences of sodomy and unnatural sexual offences
The High Court declared the colonial era common law crimes criminalising consensual same-sex conduct between men unconstitutional.
Gaps: Same-sex relationships have no legal recognition.
Source: hrw.org
Civic space
| Public order and counter-terrorism | Prevention and Combating of Terrorist and Proliferation Activities Act No. 4 of 2014 |
|---|
Recent developments
- December 2025. National Council elections; women hold 16.7% of National Council seats.
- March 2025. A woman elected Speaker of the National Assembly after the November 2024 elections, in which women won 42.3% of seats.
- 2024. New Marriage Act adopted, setting the minimum age of marriage at 18.
Reforms recommended
Reforms recommended by the African Commission, UN treaty bodies or national organisations, as reported in the sources below.
- Complete the system for recording and registering customary marriages so that the Article 6(d) reservation to the Maputo Protocol can be withdrawn (ACHPR, 2016 and 2026).
- Legislate the SADC 50/50 target for political parties, for example through the Electoral Act (ACHPR 2016; SOAWR).
- Improve rural women’s access to justice and data on prosecution of sexual harassment (ACHPR 2016).
- Reduce maternal mortality through strengthened reproductive health services (ACHPR 2016).
Being verified. RFLD is checking the laws on the following topics against official texts and will add them to this page: female genital mutilation. Corrections and documents are welcome at programs@rflgd.org.
African Union treaties
Status of 29 African Union treaties as recorded in the official AU status lists published by the African Union Commission. The date of each list is shown: a ratification deposited after that date may not appear yet. 8 of the 13 human rights and governance treaties below are ratified.
Other AU treaties (16)
Sources (25)
- data.ipu.org · women ranking
- documents1.worldbank.org · P179153 156eebab c7a8 46ea aefa ab7ca80708a0
- maputoprotocol.up.ac.za · Concluding Observations namibia 6th sr eng
- au.int · 37077 sl PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEO…
- caselaw.ihrda.org · t8el0moa2rn9b9af2mnkrcnmi
- tbinternet.ohchr.org · Treaty
- treaties.un.org · iv 8 b.en
- au.int · 36804 sl AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE…
- treaties.un.org · IV 4.en
- au.int · 36846 sl AFRICAN UNION CONVENTION FOR THE PROTECTION AND …
- au.int · 29560 sl AFRICAN UNION CONVENTION ON CYBER SECURITY AND P…
- coe.int · parties observers
- maputoprotocol.up.ac.za · Namibia. 6th Periodic Report
- data.ipu.org · data on women
- soawr.org · namibia
- maputoprotocol.up.ac.za · namibia
- ensafrica.com · 9759
- docstore.ohchr.org · CEDAW state report CEDAW/C/NAM/6
- achpr.au.int · Namibia 7th periodic report to the ACHPR 2015-2019
- parliament.na · Ministerial statement on changes to succession law 2018
- observer24.com.na · The new Basic Education Act commences
- lac.org.na · Legal Assistance Centre statute summary: Citizenship
- channelafrica.co.za · Namibia moves to fast-track cybercrime, data protection laws
- adry.up.ac.za · African Disability Rights Yearbook: Namibia
- hrw.org · Namibia Court Decriminalizes Consensual Same-Sex Conduct
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Information verified as of October 2026. This page is for information and advocacy and is not legal advice. Laws change: check the official text before relying on it. Part of the DƆNÙESÈ Data Center of the Women Leaders Network for Development (RFLD). See also the Maputo Protocol Hub and the Maputo Barometer.