Homosexuality in Botswana

Geographical location of Botswana

In Botswana, homosexuality is taboo in large parts of society.

legality

As of June 11, 2019, same-sex sexual acts are no longer criminal in Botswana. Until then, homosexual acts were punishable under Article 164 of the Criminal Code in Botswana with prison terms of up to seven years. In 2016 there was another conviction based on this article, but this was appealed. In November 2017, a student's constitutional suit against Article 164 was accepted for trial in the Botswana High Court. In 2019, the High Court finally decided that the law needed to be changed. The reasoning stated that homosexuality was not a fashion trend, but innate, and that criminalization and stigmatization among LGBT people promoted infection with HIV rather than combating it. The Botswana government has appealed against the ruling to repeal Article 164.

Anti-discrimination laws

In Botswana, the sexual orientation of people has so far not been legally protected by a general ban on discrimination .

Recognition of same-sex couples

Same-sex couples are not recognized by way of registered partnership or same-sex marriage .

Social situation

There is only a small homosexual community in the capital Gaborone . The LGBT organization LEGABIBO is committed to legalizing homosexual acts in the country.

See also

• Laws on homosexuality
• Equality (homosexuals)

Web links

• Tetu: Botswana guerre judiciaire contre la criminalization de homosexualite ( Memento from November 1, 2012 in the Internet Archive ) (French; archive version)
• ILGA: State-sponsored Homophobia ( Memento from July 3, 2014 in the Internet Archive ), 2008 (English; PDF; 392 kB)

Individual evidence

1. ↑ AI Annual Report 2017 Botswana , accessed on November 6, 2017
2. ↑ Fresh bid to decriminalize homosexuality. mmegi.bw of November 2, 2017 (English), accessed on November 6, 2017
3. ↑ Samuel Osborne: Botswana decriminalises homosexuality. In: The Independent. June 11, 2019, accessed June 11, 2019 . 
4. ↑ Botswana government to appeal against law legalizing gay sex. The Guardian, July 6, 2019, accessed July 6, 2019
5. ↑ Towlerroad: Gay in Botswana take government to court over sodomy laws
6. ↑ Pinkpaper: First lesbian couple come out in Botswana ( Memento from November 30, 2010 in the Internet Archive )