Namibia: Same-Sex Marriage Remains Illegal

Same-sex marriage remains illegal in Namibia, with the government only recognizing such marriages for immigration purposes if they were lawfully concluded outside the country. This clarification was made by Justice and Labour Relations Minister Wise Immanuel in the National Assembly, following concerns raised by Works and Transport Minister Veikko Nekundi.

The minister's statement comes after a May 2023 Supreme Court judgment dealt with same-sex marriages concluded outside Namibia for immigration purposes. However, Immanuel stressed that this judgment does not mean same-sex marriage is legal in Namibia. Instead, it only allows the government to recognize such marriages for immigration purposes if they were lawfully concluded outside the country.

In 2024, parliament passed legislation defining marriage, but it has not yet been operationalized pending finalization. Immanuel's clarification aims to address continued questions over the legal status of same-sex marriages and the extent to which marriages concluded outside Namibia can be recognized by the state.

## Why it matters The issue of same-sex marriage has remained contentious in Namibia, with the government's position being that same-sex couples cannot legally marry under Namibian law. The Supreme Court judgment and subsequent legislative changes have not changed this position, and the government's recognition of same-sex marriages for immigration purposes is limited to those that were lawfully concluded outside the country. This means that same-sex couples in Namibia still do not have the same rights as heterosexual couples, and the issue is likely to continue to be a topic of debate and discussion.

The clarification by Minister Immanuel provides insight into the current state of same-sex marriage in Namibia and highlights the need for further discussion and legislation to address the issue. As the legislation passed in 2024 has not yet been operationalized, it remains to be seen how the government will proceed on this matter and whether same-sex couples in Namibia will eventually be granted the right to marry.