(Public domain photo)
The Botswana Court of Appeals upheld a 2019 ruling Nov. 29 that decriminalized consensual same-sex sexual relations in the country.
Five justices unanimously ruled sections of the Batswana Penal Code that criminalize homosexuality with up to seven years in prison “violated the right to privacy … the right to liberty, security of person and equal protection under the law … and the right to freedom from discrimination” under the country’s constitution.
Botswana’s High Court in 2019 unanimously ruled these provisions were unconstitutional.
The Batswana government appealed the landmark decision. The High Court heard the case last month.
Lesbians, Gays and Bisexuals of Botswana, which challenged the criminalization law with the support of the Southern Africa Litigation Center, applauded Monday’s ruling.
“Today is a momentous day in history, a victorious win in ascertaining liberty, privacy and dignity of the LGBTIQ persons in Botswana and definitely, this judgement sets precedence for the world at large,” says LEGABIBO CEO Thato Moruti. “Moreover, a new dawn for better education and awareness about the LGBTIQ issues. I anticipate that more engagement with various arms of government will also set a trajectory towards a more inclusive and diverse nation.”
Pan Africa ILGA in a tweet proclaimed Monday as a “beautiful day” in Botswana.
Botswana🇧🇼. It’s a beautiful day. That’s the tweet. That’s all! #LoveIsLove #DecrimBotswana❤️🏳️🌈🏳️⚧️
Botswana. C’est une belle journée. C’est le tweet. C’est tout! #LoveIsLove #DecrimBotswana❤️🏳️🌈🏳️⚧️
— Pan Africa ILGA (@PanAfricaILGA) November 29, 2021
UNAIDS described the ruling as “a great win for human rights.”
Fantastic news from #Botswana! A great win for #humanrights. Congratulations to all who made it happen! The removal of harmful criminal laws is key to ending inequalities and #endAIDS by 2030. @legabiboadvo @follow_SALC @panafricailga https://t.co/YtrRCUVqbK
— UNAIDS (@UNAIDS) November 29, 2021
