History has been made in Botswana as the High Court has decriminalised same-sex relations in the Southern African country.
The court ruled against the colonial-era law that passed a seven-year sentence to individuals who engage in same-sex relationships. It was a unanimous decision by the judges on the case, adding that the law was discriminatory.
Scenes of joy as decriminalization Of homosexuality made official in Botswana #repeal164 pic.twitter.com/pBch7o6kdh
— Ryan Brown (@ryanlenorabrown) June 11, 2019
In delivering the court’s ruling, one Judge Michael Leburu said: “in our view sections 164 and 165 impair the applicant’s right to dignity, privacy, and liberty, and lastly that the prohibitions are discriminatory in effect.”
A major highlight from the proceedings was the court acknowledging that homosexuality was not a western import, adding that inclusion is the only way for the country to grow.
Leburu added “Sexual orientation is not a fashion statement. It’s an important attribute of one’s personality. All people are entitled to autonomy over their sexual expression.”
The Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) were admitted as a friend of the court during the proceedings and they submitted evidence to the court on how the law is discriminatory and affects how members of the LGBTIQ community access social services.
Anna Mmolai-Chalmers who is at the helm of the organisation said in an official statement that the law is a step towards restoring the dignity of members of the LGBTIQ community in Botswana. She added that “Not only does it provide legal affirmation and recognition of the rights of LGBTIQ persons, but it allows an important space for addressing public health issues more efficiently and effectively. We can finally start building a more tolerant society.”
Caine Youngman, LEGABIBO Advocacy Manager told The Rustin Times that the ruling shows how serious the courts take the human rights of LGBT people and it can help the fight for Equality across the continent. He said: ““I feel assured that there is hope for the LGBt community in the region if countries like Botswana can actually repeal such colonial laws. It provides stepping stones or building blocks for other African countries to do the same. This judgement will give guidance to other comrades across the region”
The country’s president Mokgweetsi Masisi had shown support for the community in the past saying, “There are also many people of same-sex relationships in this country, who have been violated and have also suffered in silence for fear of being discriminated.”
In 2017, a transgender man won a 10-year legal battle to change his official documents from female to male.
Youngman believes that this ruling proves how justice comes from those who stand and demand it. He said that the ruling means that the advocacy work will double for the organisation
“The next thing for us will be to continue with advocacy work because we don’t want an incident where the law has progressively changed while the community has been left behind. This means our work will double up. LEGABIBO is a membership organisation and we work with the needs of the community and we work what they tell us… and also engage the stakeholders”
Homosexuality is still criminalised in many countries across the continent and this win from Botswana serves as a glimmer of hope for other countries looking to overturn the laws that criminalise same-sex relations.
Featured image from @legabiboadvo
