[4][5] Namibia's colonial-era laws criminalising male homosexuality were historically unenforced, and were overturned by the country's High Court in 2024.

The country's leading LGBTQ advocacy group is OutRight Namibia,[citation needed] formed in March 2010 and officially registered in November 2010.

[8] In the 1920s, German anthropologist Kurt Falk reported homosexuality and same-sex marriage ceremonies among the Ovambo, Nama, Herero and Himba peoples.

Among the Herero, erotic friendships (known as oupanga) between two people regardless of sex were common, and typically included anal intercourse (okutunduka vanena).

[12][15] In August 2016, the United Nations Human Rights Committee released a report in Windhoek, Namibia's capital city, calling on the country to abolish its sodomy ban.

If we don’t prosecute people, why do we have the act?The Government of Namibia informed the United Nations that it has currently no intentions to repeal the sodomy law.

[19] Several lawmakers expressed different opinions, however, National Council Chairperson Margaret Mensah-Williams said, "irrespective of how uncomfortable it is, it is time that we should talk about the LGBTI community.

"[20] Yvonne Dausab, chairperson of the Law Reform and Development Commission, said that the Constitution of Namibia lacks "sufficient language to describe and protect rights pertaining to the LGBTI plus community".

[19] At a roundtable hosted in 2019 by the ombudsman to address equal protection for Namibia's LGBTQ community, several lawmakers called for these issues to be tackled urgently.

[23][24] The Ombudsman of Namibia spoke in August 2016 on the matter of same-sex marriage and said the following:[17] If people of the same sex would like to get married, it is their choice, whether the country, the community, churches and government acknowledge that [is something else].In December 2017, a case was brought to the High Court by Namibian citizen Johann Potgieter who married his South African husband Daniel Digashu in South Africa in 2015.

[28] Namibia is one of the rare cases in which a provision protecting people from discrimination based on sexual orientation was repealed by a legislative body.

As early as 1992, local activists successfully lobbied to include "sexual orientation" among the prohibited grounds of discrimination in the Labour Act 1992.

[16] Following the committee's call, the Ombudsman of Namibia, argued that a measure prohibiting discrimination on the ground of sexual orientation needs to be in the Constitution.

[30] However, the Namibian Supreme Court overturned this specific case on technical grounds but did not address the larger issue of discrimination.

[16] In August 2016, the United Nations Human Rights Committee called on Namibia to adopt hate crime legislation punishing homophobic and transphobic violence, and vigorously enforce it.

[16] The Births, Marriages and Deaths Registration Act 81 of 1963 (Afrikaans: Wet op die Registrasie van Geboortes, Huwelike en Sterfgevalle, 1963) states that: "The Secretary may on the recommendation of the Secretary of Health, alter in the birth register of any person who has undergone a change of sex, the description of the sex of such person and may for this purpose call for such medical reports and institute such investigations as he may deem necessary.

In 2005, the Deputy Minister of Home Affairs and Immigration, Teopolina Mushelenga, claimed that lesbians and gay men betrayed the fight for Namibian freedom, were responsible for the HIV/AIDS pandemic, and were an insult to African culture.

"[36] Home Affairs Minister Jerry Ekandjo in 2000 urged 700 newly graduated police officers to "eliminate" gays and lesbians "from the face of Namibia".

More than sixty young lesbians from eight regions came together for a week of public performances and creative expression, with poetry, stories, music, drama and dance.

Madelene Isaacks, a lesbian Christian, started the faith-based organisation Tulinam to help create safe spaces for sexual minorities in Namibian churches.