The Association for Progressive Communications (APC) welcomes the UPR report on Namibia and the country’s engagement in the process. The report includes important recommendations concerning Namibia’s protection of the rights to freedom of expression and privacy in digital spaces, on the safety of human rights defenders and safeguarding of civic space, and on gender equality. This statement builds on the analysis and recommendations presented in our joint stakeholder submission to the UPR “Human rights in the digital context in Namibia”. [1]
We welcome the attention given during the review to gender-based violence and discrimination against LGBTIQ+ persons in Namibia. During the interactive dialogue, and in response to questions raised by states, Namibia asserted that technology-facilitated gender-based violence (TFGBV) was being addressed through awareness-raising campaigns. As stated in our submission, non-consensual image sharing and sexualised hate speech online have been on the rise in the country. Women in leadership roles, including politicians, journalists, human rights defenders and influencers, face disproportionate impacts. However, TFGBV remains underreported and poorly addressed. TFGBV and digital inequality – especially in rural and marginalised communities – remain unaddressed. Namibia lacks specific laws to address TFGBV and the absence of a robust data protection law makes it difficult to combat these forms of violence.
In relation to TFGBV, we urge the government to enact and enhance measures and policies to prevent, prohibit, investigate and prosecute TFGBV that are gender-responsive and in line with international human rights standards. The government must provide redress and reparation as an effective, efficient and meaningful way of aiding victims of TFGBV and ensuring that justice is achieved. Finally, we urge Namibia to develop effective accountability mechanisms for social media and technology companies to ensure that TFGBV is appropriately addressed on their platforms.
We further welcome the consideration and call for safeguards in the application of the cybercrime frameworks in the country to prevent arbitrary surveillance, protect the freedom of the press and avoid the criminalisation of digital activism. Although Namibia ratified the African Union Malabo Convention, signalling regional commitment to cybersecurity and data privacy, domestic implementation remains slow. The country still lacks comprehensive legal frameworks for cybercrime and data protection. We encourage Namibia to enact cybersecurity and cybercrime-related frameworks that are aligned with the country’s obligations under international human rights law. When developing these frameworks, we urge the country to refrain from using vague and overly broad terms in criminal definitions that can lead to the persecution of human rights defenders and journalists.
We encourage Namibia to support and fully implement recommendations concerning extending protection of the right to freedom of expression and privacy to digital spaces. While we commend that Namibia largely preserves a favourable environment for freedom of expression, misinformation and disinformation have surged, disproportionately impacting women in public roles, affecting their rights, in particular their freedom of expression. [2] The Namibian government has a responsibility to ensure that platforms provide transparency on requests for removal of content and incorporate appeal mechanisms, in line with their responsibilities under the United Nations Guiding Principles on Business and Human Rights (UNGP-BHR), including the right to freedom of opinion and expression.
On privacy protection, plans to pass the data protection bill have been in the pipeline; however, this may pose a risk of weak oversight and increased surveillance. We encourage the government to enact a strong data protection law consistent with international standards, including necessary oversight mechanisms, recourse for breach of personal data and establishment of an independent data protection authority with investigative, enforcement and remedial powers.
Finally, we encourage Namibia to take concrete steps to implement the recommendation to bring all legislation fully into line with its international human rights obligations. In particular, by guaranteeing non-discrimination, including on the grounds of sexual orientation and gender identity. During the review, we welcome the specific call to the government to protect human rights defenders working on advancing equal rights for LGBTIQ+ persons. In Namibia, LGBTIQ+ people report very high levels of online hate, and few know about legal protections or safety measures.
We encourage the government to ensure transparent and inclusive follow-up to these recommendations, including through meaningful engagement with civil society.
Notes:
[1] Association for Progressive Communications. (2025). Universal Periodic Review 52st session – Stakeholder report: Human rights in the digital context in Namibia. https://www.apc.org/en/pubs/universal-periodic-review-52st-session-stakeholder-report-human-rights-digital-context-namibia
[2] Association for Progressive Communications. (2024). Placing "gender" in disinformation. https://www.apc.org/en/pubs/placing-gender-disinformation
Read the full statement here.