Legal framework on freedom of religion and actual application
As a secular state, Namibia gives no preferential treatment to any religious community. The Constitution’s preamble recognises “the right of the individual to life, liberty and the pursuit of happiness, regardless of race, colour, ethnic origin, sex, religion, creed or social or economic status”.
The Namibian Constitution guarantees freedom of religion and protects citizens from religious discrimination (Article 10). Article 21 (Section C) recognises the “freedom to practice any religion”, while Article 19 refers more broadly to culture: “Every person shall be entitled to enjoy, practice, profess, maintain and promote any culture, language, tradition or religion subject to the terms of this Constitution”.
This model of religious group-state relations is reflected in Namibian government policy. For example, the state places no restrictions on the establishment of religious communities. Official recognition through registration is possible but not mandatory if the group is set up as a voluntary association. Religious groups can register as non-profit organizations with the Ministry of Industrialization, Trade, and SME Development. The Inland Revenue Department can also grant tax exemptions to welfare organizations, including religious ones.
The constitution allows religious groups to establish private schools providing no student is “denied admission based on creed”, while government schools provide a nonsectarian “religious and moral education”.
The Council of Churches in Namibia is highly influential and is involved in interfaith dialogue. The Lutheran Churches are the largest denomination in the country. The Catholic Church of Namibia is also highly regarded as a moral authority.
The country is a party to the International Covenant on Civil and Political Rights.
Incidents and developments
No inter-religious tensions were found, nor incidents of intolerance, discrimination, or persecution against any religious group in Namibia during the period under review.
Although Namibia is very diverse a country with a number of indigenous peoples, the Namibian government has yet to recognize these within the constitution or state legislation. According to the UN Human Rights Committee, ancestral lands that belonged to indigenous peoples remain under state ownership. However, the government aims to ‘integrate marginalized communities’ as indicated in Namibia’s Fifth National Development Plan, running to 2022.
On 14 January 2021, Bishop Estanislau Marques Chindekasse of Angola’s Dundo Diocese and Bishop Willem Christiaans of Namibia’s Keetmanshoop Diocese lamented the “distressing and chaotic reality” for migrants at border posts in Lesotho, Mozambique, South Africa and Zimbabwe. Delays were caused by the “huge backlog in the processing of documentation and COVID-19 testing and screening.”
Prospects for freedom of religion
The situation of religious freedom remains positive and unchanged.
Namibia