HomeGeneral NewsInternational NewsBotswana decriminalizes gay sex in landmark Africa case

Botswana decriminalizes gay sex in landmark Africa case

Published on

spot_img

JOHANNESBURG (AP) — Botswana became the latest country to decriminalize gay sex on Tuesday in a landmark case for Africa when the High Court rejected as unconstitutional sections of the penal code punishing same-sex relations with up to seven years in prison.

Jubilant activists in the packed courtroom cheered the unanimous decision in the southern African nation that is seen as one of the continent’s most stable and democratic. The ruling came less than a month after Kenya’s High Court had upheld similar sections of its own penal code in another closely watched case.

More than two dozen countries in sub-Saharan Africa have laws criminalizing gay sex, often holdovers from colonial times. Earlier this year, the southern African nation of Angola decriminalized same-sex activity and banned discrimination based on sexual orientation.

Those arguing against the laws say they leave people in the LGBT community vulnerable to discrimination and abuse while making it difficult to access basic health and other services.

The Botswana-based non-governmental group LEGABIBO, which supported the anonymous petitioner in the case, has said such laws “infringe on basic human dignity.”

People in the courtroom were ecstatic, leaping up, clapping and ululating, LEGABIBO legal policy director Caine Youngman told The Associated Press. When the judges said the right to privacy includes the right to choose a partner, “it hit home,” he said.

“I’m a gay man. I’ve been out for many years. Now I can live with my partner without worry,” Youngman said. He said the state might appeal “to appease the homophobes” and has 30 working days to do so.

The ruling led to rejoicing from rights groups that had expressed frustration with the Kenyan decision last month, including ones in countries such as Nigeria, Uganda and Ghana where gay sex remains illegal. Amnesty International called on other African nations to follow Botswana’s example in “an exciting new era of acceptance.”

Botswana’s High Court said in its ruling that penalizing people for who they are is disrespectful and discriminatory, and that the law should not deal with private acts between consenting adults.

Sexual orientation is innate and not a “fashion statement,” the judges said. “Any criminalization of love or finding fulfillment in love dilutes compassion and tolerance.”

The ruling cited the recent decriminalization in India and elsewhere. It also pointed out that all three arms of Botswana’s government have expressed the need to protect the rights of the gay community.

Before the ruling, LEGABIBO shared a comment attributed to President Mokgweetsi Masisi: “There are also many people of same-sex relationships in this country who have been violated and have also suffered in silence for fear of being discriminated. Just like other citizens, they deserve to have their rights protected.”

The judges cited the president’s comment in their ruling.

Botswana in recent years has taken other steps toward protecting LGBT rights. The High Court in 2017 ruled that the government should issue a transgender man documentation reflecting his identity. And in 2016 an appeals court ruled that LEGABIBO could register as a nonprofit.

“It is a day to celebrate pride, compassion and love,” UNAIDS executive director Gunilla Carlsson said in a statement after Tuesday’s ruling. Prohibitive legal environments increase the vulnerability of gay men, transgender women and others to HIV, the statement said.

SourceCARA ANNA

Latest articles

Police Confirm 2 Men Shot At Fisheries Complex

The Royal St. Christopher and Nevis Police Force has confirmed a shooting incident that took place at the Fisheries Complex in Newtown earlier today, Monday, April 15th, 2024, between 5:30 PM and 6:00 PM.

SKNLP Constituency Eight Conducts Successful Executive Committee Elections For Chairperson, Vice Chairpersons As Part Of New Term Leadership Readiness

Constituency Eight of the St. Kitts-Nevis Labour Party (SKNLP) is thrilled to announce  results of the recent elections for the positions of Chairperson and two Vice-Chairpersons held on Sunday, April 14, 2024, at the St. Peter's Anglican Church Hall, aimed at putting together a 'Red and Ready' dynamic executive committee to lead the constituency in its new term.

Zack Says Positive Comments About Aquatic Sports Still Coming In For Event

Event coordinator of the67th annual Basil Henderson Easter Monday Aquatic Sports Meet Winston 'Zack' Nisbett says days after positive comments are still coming in for the annual event held on Monday  1st April  2024 at the Ferry Terminal in Basseterre under the theme ‘Building Community Spirit Through Sports.’

Our Universal Connection: Day Turned Into Night Spectacle

In this world, there exists countless wonders yet to be discovered as well countless moments of awe yet to be experienced presently and for generations to come. One of the most awe-inspiring moments we get to witness as human beings-those of us who are physically able to do so- is looking up at the stars and wondering about the universe  through thought-provoking yet intriguing internal questions or engaging conversations which continuously inspire and amaze us.

More like this

Police Confirm 2 Men Shot At Fisheries Complex

The Royal St. Christopher and Nevis Police Force has confirmed a shooting incident that took place at the Fisheries Complex in Newtown earlier today, Monday, April 15th, 2024, between 5:30 PM and 6:00 PM.

SKNLP Constituency Eight Conducts Successful Executive Committee Elections For Chairperson, Vice Chairpersons As Part Of New Term Leadership Readiness

Constituency Eight of the St. Kitts-Nevis Labour Party (SKNLP) is thrilled to announce  results of the recent elections for the positions of Chairperson and two Vice-Chairpersons held on Sunday, April 14, 2024, at the St. Peter's Anglican Church Hall, aimed at putting together a 'Red and Ready' dynamic executive committee to lead the constituency in its new term.

Zack Says Positive Comments About Aquatic Sports Still Coming In For Event

Event coordinator of the67th annual Basil Henderson Easter Monday Aquatic Sports Meet Winston 'Zack' Nisbett says days after positive comments are still coming in for the annual event held on Monday  1st April  2024 at the Ferry Terminal in Basseterre under the theme ‘Building Community Spirit Through Sports.’