Namibia

Detains migrants or asylum seekers?

Yes

Has laws regulating migration-related detention?

Yes

Refugees

4,895

2023

Asylum Applications

2,242

2023

International Migrants

109,391

2020

Population

2,600,000

2023

Overview

Namibia; Namibia frequently detains migrants entering the country irregularly. Its laws provide for an initial detention period of 14 days, though there appears to be no limit on how many times the 14-day limit can be consecutively re-ordered, leading to indefinite detention.

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

Namibia: Covid-19 and Detention

Namibia, located in southwestern Africa and with a population of approximately 2.5 million, had recorded 44,374 COVID-19 cases and 528 related deaths as of 1 April 2021. The country appeared to avoid severe outbreaks of infection during the early months of the pandemic. However, the number of cases has continued to surge since mid-2020. At […]

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Osire Refugee Camp Entrance (Namibian Broadcasting Corporation,
Last updated: July 2024

DETENTION STATISTICS

Migration Detainee Entries
Not Available

DETAINEE DATA

Total Number of Children Placed in Immigration Detention (Year)
0
2017

DETENTION CAPACITY

ALTERNATIVES TO DETENTION

ADDITIONAL ENFORCEMENT DATA

PRISON DATA

Criminal Prison Population (Year)
3,742
2016
4,314
2011
4,251
2010
4,064
2007
4,442
2004
4,727
2001
4,381
1998
3,555
1995
2,711
1992
Percentage of Foreign Prisoners (Year)
5.5
2001
Prison Population Rate (per 100,000 of National Population)
149
2016
184
2011
185
2010
188
2007
218
2004
244
2001
239
1998
212
1995
176
1992

POPULATION DATA

Population (Year)
2,600,000
2023
2,500,000
2020
2,459,000
2015
International Migrants (Year)
109,391
2020
107,561
2019
93,900
2015
International Migrants as Percentage of Population (Year)
4.31
2020
3.8
2015
Refugees (Year)
4,895
2023
3,733
2021
3,578
2020
3,182
2019
2,400
2018
2,189
2017
1,747
2016
1,737
2015
1,767
2014
Ratio of Refugees Per 1000 Inhabitants (Year)
0.7
2016
0.74
2014
Asylum Applications (Year)
2,242
2023
1,156
2019
548
2016
205
2014
Refugee Recognition Rate (Year)
100
2014
Stateless Persons (Year)
0
2022
0
2016
0
2015

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
5,408
2014
Remittances to the Country (in USD)
11
2014
Unemployment Rate
2014
Net Official Development Assistance (ODA) (in Millions USD)
226.6
2014
Human Development Index Ranking (UNDP)
126 (Medium)
2015

LEGAL & REGULATORY FRAMEWORK

Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?
Yes
2023
Yes
2019
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Yes
2023
Yes
1999
Detention-Related Legislation
Namibia Refugees (Recognition and Control) - Act 2 of 1999 (1999)
1999
Legal Tradition(s)
Common law
2017
Customary law
2017

GROUNDS FOR DETENTION

LENGTH OF DETENTION

DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

COSTS & OUTSOURCING

COVID-19 DATA

TRANSPARENCY

MONITORING

NATIONAL HUMAN RIGHTS MONITORING BODIES

NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)

NON-GOVERNMENTAL ORGANISATIONS (NGOs)

GOVERNMENTAL MONITORING BODIES

INTERNATIONAL DETENTION MONITORING

INTERNATIONAL TREATIES & TREATY BODIES

International Treaties Ratified
Ratification Year
Observation Date
CRPD, Convention on the Rights of Persons with Disabilities
2007
2017
ICCPR, International Covenant on Civil and Political Rights
1994
2017
ICESCR, International Covenant on Economic, Social and Cultural Rights
1994
2017
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1982
2017
VCCR, Vienna Convention on Consular Relations
1992
2017
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1992
2017
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1994
2017
CRC, Convention on the Rights of the Child
1990
2017
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2002
2017
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2002
2017
CRSR, Geneva Convention Relating to the Status of Refugees
1995
2017
Ratio of relevant international treaties ratified
Ratio: 11/19
Individual Complaints Procedures
Acceptance Year
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966 1994
1994
CRPD, Optional Protocol to the Convention on the Rights of Persons with Disabilities 2007
2007
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 2000
2000
Ratio of Complaints Procedures Accepted
Observation Date
3/7
2017
Relevant Recommendations or Observations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on the Rights of the Child 41. the Committee recommends that the State party: (c) Continue to ensure the access of asylum,-seeking and refugee children, including unaccompanied or separated children, to child-friendly asylum procedures, education and health services; (d) Ensure that asylum-seeking and refugee children are not detained on the basis of their or their parents’ migration status, and ensure alternatives to detention with the timely provision of safe and dignified accommodation. .... 2024
2024
2024

> UN Special Procedures

> UN Universal Periodic Review

Relevant Recommendations or Observations from the UN Universal Periodic Review
Observation Date
No 2016
2017
No 2011
2017

> Global Compact for Migration (GCM)

GCM Resolution Endorsement
Observation Date
2018

> Global Compact on Refugees (GCR)

GCR Resolution Endorsement
Observation Date
2018

REGIONAL HUMAN RIGHTS MECHANISMS

Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
APRW, Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (Maputo Protocol) 2004
2004
2017
ACRWC, African Charter on the Rights and Welfare of the Child 2004
2004
2017
ACHPR, African Charter on Human and Peoples Rights 1992
1992
2017

HEALTH CARE PROVISION

HEALTH IMPACTS

COVID-19

Country Updates
Namibia, located in southwestern Africa and with a population of approximately 2.5 million, had recorded 44,374 COVID-19 cases and 528 related deaths as of 1 April 2021. The country appeared to avoid severe outbreaks of infection during the early months of the pandemic. However, the number of cases has continued to surge since mid-2020. At the time of this report, the country was awaiting vaccine doses from the COVAX scheme; it had already received donations from China (Sinopharm) and India (Covishield). Namibia lacks important legal protections for refugees and migrant workers, leading to criticism from several regional and international human rights bodies. In 2021, the African Commission on Human and People’s Rights, in a submission to the UN Human Rights Council’s Universal Periodic Review, recommended that the country improve its management of refugees and migrant workers. In 2017, the Committee against Torture (CAT) recommended that Namibia repeal section 24 (1) of its Refugees (Recognition and Control) Act of 1999. Repealing that provision, according to CAT, would help bring Nambia in line with its obligations to prohibit refoulement when there is a risk of torture. In 2016, the Committee on the Elimination of Racial Discrimination expressed concern over restrictions on the freedom of movement of asylum seekers and refugees in the Osire refugee settlement. The settlement has existed since 1992 and hosts thousands of refugees from neighbouring countries. The camp was placed in lockdown and underwent mass COVID testing in mid-September 2020, after a surge in cases and turmoil sparked by the death of a DRC asylum seeker who had passed away due to COVID-19. According to Namibian law, the Minister of Home Affairs may restrict the freedom of movement of recognised refugees, applicants, and their families. Recognised refugees and protected persons can also be arrested, detained, and deported if “it is in the interests of the sovereignty and integrity of Namibia, national security, public order, decency or morality” (Section 24.1, Namibia Refugee Act 2). The Namibian government reportedly frequently detains migrants entering the country irregularly. In 2019, Namibia imprisoned 286 foreign citizens from Zambia, Angola, Zimbabwe, South Africa, Tanzania, and other countries. Many of these were imprisoned on immigration offenses, including 41 Zambians. More recently, in October 2020, 53 people (30 of whom were children) from DRC and Burundi were detained at the Katima Mulilo police station. According to one account, the “threat for detention increases for those seeking refugee status and asylum protection in Namibia” in the absence of “clear policies on refugee rights and access to information” (New Era, 27.11.2020). In March 2021, some 900 Angolans crossed into Namibia without authorization driven by drought-related food and water shortages. Although the migrants do not appear to have been arrested or detained, they were only provided with open-air shelter that lacked sanitation. Conditions in jails and other places of detention have been described as poor, especially in pretrial holding cells, which are often overcrowded, have poor sanitation, lack medical provisions, and have frequent tuberculosis outbreaks (U.S. Department of State 2019). The GDP was unable to establish whether parts of the prisoner population were released in relation to the COVID-19 pandemic. However, new admissions were halted at some correctional facilities, such as Oluno. In order to combat the spread of the pandemic within correctional facilities, authorities made attempts to improve access to sanitary and hygiene items and services, increase awareness on the need of these practices, implement risk assessment and prevention schemes, prepared isolation stations, and introduced a specialised task force to monitor psychosocial well-being of isolated/quarantined detainees. The UN also helped to establish a soap production facility run by inmates at the Windhoek Facility. By November 2020, national media reported that correctional facilities were nearly cleared of infections, after 1,985 inmates and 610 officials were tested. In total, there had been around 600 positive cases in facilities all over the country.
Did the country release immigration detainees as a result of the pandemic?
Yes
2022
Did the country Temporarily Cease or Restrict Issuing Detention Orders?
No
2020
Did the Country Adopt These Pandemic-Related Measures for People in Immigration Detention?
Unknown (Unknown) Unknown Unknown Unknown
2022
Did the Country Lock-Down Previously "Open" Reception Facilities, Shelters, Refugee Camps, or Other Forms of Accommodation for Migrant Workers or Other Non-Citizens?
Yes but have reopened
2020
Were cases of COVID-19 reported in immigration detention facilities or any other places used for immigration detention purposes?
Unknown
2022
Did the Country Cease or Restrict Deportations/Removals During any Period After the Onset of the Pandemic?
No
2021
Did the Country Release People from Criminal Prisons During the Pandemic?
Yes
2020
Did Officials Blame Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
Unknown
2022
Did the Country Restrict Access to Asylum Procedures?
Unknown
2022
Did the Country Commence a National Vaccination Campaign?
Yes
2022
Were Populations of Concern Included/Excluded From the National Vaccination Campaign?
Included (Included) Unknown Unknown Unknown
2022