The southern African nation of Botswana has officially repealed its draconian anti-sodomy law. Section 164 of Botswana’s Penal Code banned sodomy and also invoked a potential seven-year prison sentence for those convicted. The law was imposed during British colonial rule. Many countries around the world had no laws protecting nor limiting the rights of LGBTQ+ communities until colonial rule.
The journey to repeal began in 2019, when Botswana’s High Court unanimously ruled the law unconstitutional. At the time, Judge Michael Leburu wrote: “Human dignity is harmed when minority groups are marginalized.” He also emphasized that “sexual orientation is not a fashion statement. It is an important attribute of one’s personality.”
The repeal of the law was celebrated by queer people in Botswana, including Lesbian, Gays and Bisexual of Botswana (LEGABIBO) an advocacy organization that challenged the law with the help of Southern Africa Litigation Center. “LEGABIBO believes that the deletion of these sections is a necessary and long-overdue step toward restoring dignity and aligning our legal framework with constitutional values of equality and human rights,” they wrote via a FaceBook statement. “It is a clear message that LGBTQ+ persons are not criminals, and that their lives and relationships deserve protection, not punishment.”
Gay marriage is still unrecognized in Botswana according to Equaldex, and LGBTQ+ populations still have no protections against discrimination. Still the country has made some small strides toward equality with same-sex couples taking their right to marry to court. Plus, queer rights in Botswana are still better than some neighboring African countries, which have been cracking down on LGBTQ+ rights in recent years.
In fact, trans people in Botswana were able to change their gender markers on government paperwork after a 2017 High Court ruling, a right that goes further than some U.S. states today.
