Namibia: Detention issues and harmful traditional practices under review

The country rapporteurs were Mr. Erdogan Iscan and Mr. Jorge Contesse.

The country delegation was led by Hon. Yvonne Dausab, Minister of Justice of Namibia.

Main issues discussed

The Committee Against Torture focused on key human rights challenges faced by Namibia, with particular attention to gender-based violence, including harmful traditional practices, and the treatment of detainees.

The Committee expressed concerns about persistent harmful traditional practices, specifically Olufuko, which involves child marriage and sexual initiation rites. It also questioned Namibia on its stance regarding forced sterilisation, asking if the practice is explicitly criminalised and what measures are in place to investigate and prevent violence against women and girls.

The Committee expressed concern over the prolonged pretrial detention period of detainees in Namibia, with over 50% of the prison population reportedly awaiting trial, often for periods exceeding legal limits. The high cost of bail and limited use of alternatives to detention contribute to this issue, resulting in prison overcrowding. Additionally, the Committee raised concerns regarding the treatment of detainees in solitary confinement and the conditions in psychiatric and social care institutions.

Clarifications were requested on safeguards for detainees, non-refoulement policies, and protections for asylum seekers, including those persecuted due to sexual orientation or gender identity. The Committee also urged Namibia to take stronger steps to ensure the independence of the judiciary and allow the Ombudsman’s Office to make unannounced visits to places of deprivation of liberty.

Finally, the Committee sought updates on Namibia’s alignment with international legal standards, particularly in the Prevention and Combating of Torture Bill. It questioned the fact that this bill, which aims at specifically criminalising torture, had been pending for 7 years and urged the authorities to include provisions that criminalise the acquiescence and complicity of State officials.

The CAT’s recommendations are available here.

Follow-up recommendations:

The CAT outlined specific recommendations for Namibia, requesting the State party to provide information by 22 November 2025 on the implementation of recommendations regarding:

• The absolute criminalization of torture as a specific offense

• The practical enforcement of statutory limits relating on pretrial detention and within the criminal justice system

• Providing the necessary resources to detention facilities to ensure humane conditions

Watch here (part one and part two) of the dialogue with the CAT.