Matheus David
Questions about where LGBTQ+ individuals or other vulnerable or minority groups or individuals are placed when arrested or sentenced have sparked public interest in how Namibia’s criminal justice system responds to gender identity.
New Era had an interview with the Commissioner General of the Namibian Correctional Service, Raphael Hamunyela.
He said their main responsibility at the correctional facility is to keep everyone in their custody safe.
Once a person has been sentenced and admitted into a correctional facility, officials assess whether that individual may be at risk if placed in a general cell.
He said inmates are usually housed according to sex, with men and women kept in separate sections.
In situations where a person does not clearly fit into either category, that individual is placed separately to prevent possible harm.
At the police level, Deputy Commissioner and Namibian Police Force spokesperson Kauna Shikwambi said they rely strictly on the information reflected on a person’s national identification document when deciding where a detainee should be held.
According to the American Psychological Association (APA), transgender people are generally defined as individuals whose gender identity differs from the sex they were assigned at birth.
International research suggests that between 0.5% and 1% of the world’s population identifies as transgender, though exact numbers are difficult to confirm due to stigma and fear of discrimination.
Globally, human rights organisations have warned that transgender detainees face a higher risk of harassment, abuse and isolation while in custody, especially in systems where there are no clear policies addressing gender diversity.
In Namibia, there is currently no specific law or publicly available policy that outlines how transgender individuals should be accommodated in holding cells or correctional facilities.
Activists
This publication also sought the input of human rights activists on the matter.
One of them was Linda Baumann.
From experience, Baumann said, “LGBTIQ+ individuals face severe discrimination due to rigid binary classifications under the Prisons Act, exposing them to heightened risks of violence, assault, and abuse in mismatched facilities. Select progressive stations have implemented protective isolation cells through sensitised leadership and intake protocols attuned to the lived realities of suspects and prisoners – yet critical nationwide policy gaps endure, demanding urgent legislative overhaul.”
Asked what would constitute the most appropriate and humane treatment of LGBTQ+ individuals in holding cells, Baumann said: “Mandate comprehensive intake risk assessments to ensure segregated, safe housing; provide gender-affirming essentials, including specialised medical care; enforce rigorous staff training aligned with the Ombudsman’s human rights manuals; and guarantee unfettered access to legal aid and family visits to preserve inherent dignity.”
Baumann continued: “Institutional policies must be urgently revised to embed diversity protections, recognising that LGBTIQ+ persons are entitled to the same humane treatment as all Namibians, regardless of criminal justice involvement.”
Baumann then emphasised the importance of protecting the constitutional rights guaranteed to the LGBTQ+ community.
Another activist, Wendelinus Hamutenya, currently known as Maria Del Rosario, said, “reality is that our members or people who identify as LGBTQ+ that are in prison often experience so many challenges, once in prison, they face discrimination against imprisoned LGBTQ people and a lack of understanding from our government and correctional officers it’s a concern regarding their safety, care treatment and support for our members while they in prison.”
Del Rosario suggested: “In my opinion, I think upon arrival, individuals should be allowed to self-identify their sexual orientation, gender identity, and pronoun preferences. There is no confidentiality in our facilities, like personal information regarding sexual orientation, gender identity, or HIV status must be kept confidential, and correctional officer staff should be trained to avoid disclosing this information to other detainees, which could increase the risk of victimisation.”
–matheusshitongenidavid@gmail.com
