Botswana Guardian

Botswana has no Hate Crime laws - LEGABIBO

Gay decriminal­isation case goes to Appeals Court

- Keletso Thobega BG reporter

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”.

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Botswana High Court

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