Botswana has no Hate Crime laws - LEGABIBO
Gay decriminalisation case goes to Appeals Court
Botswana does not have hate crime laws that protect LGBTI people from violence, getting raped or being killed because of who they are, how they identify and how they express themselves.
“We see and experience violence on a daily basis and every hour as gay people and as trans- identifying individuals also,” argues Bradley Fortuin, a LGBTQ advocate and activist, who is also part of LGBTQ community advocacy organisation LEGAGIBO.
Fortuin’s views are captured in the latest Botswana Common Country Analysis report 2020.
To rub salt to injury, the Appeals Court in Gaborone will next week hear the Government’s case that seeks to overturn a 2019 ruling that sought to decriminalise same- sex relations in Botswana. The case, which had been brought before court by a university student, Letsweletse Motshidiemang wanted the government to do away with the law that decriminalises homosexual relations, in light of a changed society where homosexuality was more widely accepted. In June 2019, a panel of three judges at the Gaborone High Court had ruled that some sections of the Penal Code that ban gay sex are unconstitutional as they violate privacy, liberty, and dignity; are discriminatory; and serve no public interest. While the landmark ruling was a cause of celebration for members and supporters of the Lesbian, Gay, Bisexual and Transsexual and Queer community ( LGBTQ) community, Government made a fast move to discredit the ruling and vow to appeal it. Shortly after the intent to appeal, advocate Abraham Keetshabe of Attorney General’s Chambers noted in a statement: “I am of the view that the High Court erred in arriving at this conclusion and thus, I have decided to note an appeal with the Court of Appeal”.
Previous rulings in Botswana had partially acknowledged the rights of lesbian, gay, bisexual and transgender people in the southern African country, including their right to equal protection before the law.
In the latest Botswana Common Country Analysis report 2020, Bradley Fortuin, indicated that as much as laws and policies in Botswana are slowly becoming progressive, societal attitudes remain behind.
“We have seen this and experienced it a lot. Some LGBTI individuals have been kicked out of their homes by families, passed over for employment opportunities because they identify as transsexual.
“What is on our national identity documents is not how we necessarily portray or express ourselves. That in itself is a hindrance to getting employment, which leaves us economically disadvantaged.
“As much as we have been making progressive reports and coverage on LGBTI issues, there are still stories that promote sensationalism. This has great impact on how the public perceives the LGBTQ community, and because of those misconceptions and misrepresentations, we still face violence.
“Hate crime is still being preached from the pulpits; we see this every Sunday as gay people when we go to church… “My aspiration as a young gay man is to walk with my partner through the Gaborone malls, having our children, being married and not having to worry about being stabbed, being killed or raped. “Everyone has a role to play in trying to ensure that the world we live in is a better place, that the world is more inclusive, and that the world is more protective of vulnerable groups.
“We need to train law enforcement officers with comprehensive education on human rights, and not just human rights but that which includes LGTBQ rights, sexuality, gender and HIV/ AIDS”.