The Decriminilisation of Homosexuality in Botswana

ABSTRACT

This article discusses the decriminalisation of homosexuality in Botswana. It discusses the various cases that addressed issues relating to LGBTIQ+ in Botswana to highlight the incremental approach toward decriminalisation of homosexuality laws. The article also highlights the role and the contribution of civil society to the decriminalization of homosexuality in Botswana. It does so by providing an overview of queer activism in Botswana and highlights the various queer actors in the country. The article notes that the Botswana Court of Appeal has emphatically settled the debate concerning the constitutional protection of members of the LGBTIQ+. This article points out that the successes recorded in Botswana by civil society as regards the decriminalisation of homosexuality are attributable to several factors. These factors include the consolidated efforts of civil society in the country, the advocacy that accompanied the decriminalisation of homosexuality litigation and the use of various public interest litigation strategies. Combined, these factors paint a clear picture of the nature of queer lawfare in Botswana. Overall, the article highlights that while some sections of the society in Botswana are still reluctant to recognize members of the LGBTIQ+ community as right bearers, there is sufficient evidence to suggest that there has been a great shift toward inclusivity.

KEYWORDS:

• Discrimination
• homosexuality
• law
• sexual orientation
• queer law-fare
• public interest litigation
• Botswana
• equality
• civil society

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The author(s) reported there is no funding associated with the work featured in this article.