LEGABIBO Marks First Year Post-Decriminalisation

It has been a year since Botswana left the list of countries that criminalise consensual same-sex sexual activity on 29 November 2021. Born as the result of a case filed by Letsweletse Motshidiemang against the Government of Botswana, the ruling handed down by the Court of Appeal changed the lives of many in this country. To mark this occasion, LEGABIBO – an NGO focused on promoting the well-being of Batswana and advocating against human rights abuses based on gender or sexual differences – hosted a celebratory observance at the heart of the capital city, Gaborone. [ihc-hide-content ihc_mb_type="show" ihc_mb_who="1,2,3,4" ihc_mb_template="3" ] As proof of the support that the organisation has worked to foster among various stakeholders, the event was attended by representatives of the government, heads of diplomatic missions, legendary human rights advocates and corporate sector practitioners along with the community LEGABIBO works to serve. Established as a fully registered organisation in 2016 – following a long legal battle against the Registrar of Societies and the Attorney General, as the representative of the state – the NGO’s presence within the civil society sphere has caused public conversations that interrogate how progressive Botswana’s society truly is. In the face of rises in religion-based discrimination, matters of bodily autonomy, freedom of association, and the right to privacy were put before the public and the courts to determine the extent that these can be enjoyed without interference of the state or other parties sidestepping the law. In his remarks, the CEO of LEGABIBO, Thato Moruti, mentioned the numerous feats that had to be accomplished in order for the celebration to manifest. Looking out at the gateway to the Gaborone City Council buildings, Moruti lauded the efforts of activists and the proactive approach to interpretations of the laws of the land by the judiciary in making this element of freedom available to all in Botswana. Sections 164 (a) and (c) of the Penal Code – which referred to “carnal knowledge against the order of nature” – had been deemed unconstitutional in the judgement handed down by Justice Michael Leburu of the High Court of Botswana in 2019. Justice Leburu’s unpacking of the relevance of the clauses that have long been misinterpreted to outlaw solely same-sex sexual activity addressed the fact that this misinterpretation encroached upon the human rights of a segment of society, declaring: “We have determined that it is not the business of the law to regulate private consensual sexual encounters between adults.” Now, following the backing of the Court of Appeal in 2021 – a case which saw the former Chief Justice Ian Kirby come full circle with cases concerning the human rights of lesbian, gay, bisexual, transgender and queer (LGBTQ+) people in Botswana prior to his retirement – it is incumbent on Parliament to follow through on the declarations of the judiciary. The Minister of Justice, Majana Ronald Shamukuni, filed in a recent Government Gazette that parliamentarians adopt what will be called the Penal Code (Amendment) Act 2022, which strikes the two sections from the existing document in accordance with the court’s rulings. In his keynote address, Tshiamo Rantao – who represented LEGABIBO as a friend of the court during the Motshidiemang case – further reminded attendees that the work of the judiciary in interpreting the constitution of the country is done in service of “acknowledging that it is a living document”, adding that “it is important that we live in a country that gives everyone access to justice regardless of their differences”. While the organisation celebrates this milestone, speakers highlighted many other institutional obstacles facing the community at various levels. Learning what has come of the quality of life experienced by LGBTQ+ people in Botswana was set out as a research concern in order to continue advocating against discrimination. With President Mokgweetsi Masisi actively showing his support for the LGBTQ+ community in Botswana on public forums, it is the organisation’s hope that the community at large will follow this example of botho and non-discrimination. [/ihc-hide-content]

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LEGABIBO Marks First Year Post-Decriminalisation

The NGO’s presence within the civil society sphere has caused public conversations that interrogate how progressive Botswana’s society truly is

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LEGABIBO Marks First Year Post-Decriminalisation

The NGO’s presence within the civil society sphere has caused public conversations that interrogate how progressive Botswana’s society truly is

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