Botswana Decriminalizes Homosexuality in Landmark Ruling
In a landmark decision on Tuesday, June 11 Botswana’s High Court overturned the laws criminalizing same-sex relations in the country. Three judges ruled unanimously to revoke the laws. Judge Michael Leburu said as he delivered the verdict, “Human dignity is harmed when minority groups are marginalized.” LGBTQ advocates packed the courthouse in Gaborone, the capital and were overjoyed to hear the verdict. According to the New York Times, Anna Mmolai-Chalmers, chief executive of the gay rights group said, We still can’t believe what has happened. We’ve been fighting for so long, and within three hours your life changes.”
The ruling struck down section 164 of Botswana’s Penal Code which stated that “carnal knowledge of any person against the order of nature” could carry a maximum sentence of seven years. Section 167, also struck down, made public or private acts of “gross indecency” punishable by up to two years in prison. These laws date back to the 1800s during British colonial rule of Botswana (then Bechuanaland). The laws criminalizing homosexuality were challenged by Letsweletse Motshidiemang (L.M. in court papers), a student at the University of Botswana. L.M. argued that homosexuality was now more widely accepted. These arguments came after some successes for LGBTQ rights in the country. IN 2010 it became illegal for employees to be terminated on the basis of sexual orientation and in 2017 two rulings made it easier for transgender people to change their gender of legal documents.
This is a major victory for LGBTQ rights in Africa, where homosexuality remains taboo. Over 30 African countries have laws making it illegal to have gay sex and in some places, the punishment can be death or life in prison. While attempts to further criminalize homosexuality exist they are matched by progressive victories such as that in Botswana.
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