Last updated on: 3 May 2012

Criminalisation of HIV transmission/exposure

Whether Specific law enacted: 
Number of people prosecuted: 
Number of people convicted: 

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

In her address to the Parliament, the Namibian Minister of Home Affairs and Immigration Rosalia Nghidinwa, has formally announced to remove all HIV related immigration barriers for people living with HIV from its Immigration Control Regulation.

The new Regulation now reads:

Contagious infection or viruses or diseases

13. Any contagious infection or virus or disease (air born or transmitted through casual contact) that exist or may develop from time to time that is declared a Public Health Emergency of International Concern (PHEIC) and which warrants restriction of international travel and mobility as per the International Health Regulation adopted by the Fifty-Eight World Health Assembly (2005) to which Namibia is a party, including any amendment to which Namibia becomes a party, is regarded as contagious for the purpose of paragraph (e) of subsection (2) of section 39 of the Act.

The Minister closed her announcement saying:

  • A public and press release on the amendments will be issued;
  • The website of the Ministry of Home Affairs and Immigration will delete item 10 from annexure 1, the Namibia visa application form, of the Immigration Control Act of 1993;
  • This amendment will be communicated to all the Immigration Offices, points of entries, Border posts, Airports and the Namibia Missions abroad to educate and inform prospective visitors to Namibia on the changes made with regard to the Visa Application Conditions.

This decision does repeal a regulation from 1993, which the Government of Namibia has promised to amend in March 2009.

Under the old regulation, applicants for temporary or long term residence had to submit a medical certificate stating that the applicant was

(a) not mentally disordered or physically defective in any way;

(b) not suffering from leprosy, veneral disease, trachoma, tuberculosis or other infectious or contagious diseases;

(c) generally in a good state of health.

A yellow fever vaccination certificate is required of travellers arriving from infected areas.

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Laws relating to same sex, sexual relations: 

Male to Male relationships: Not Legal

Female to Female Relationships: Legal

Marriage and Substitutes for Marriage: No law

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