Kanye The criminal laws cause further stigma, discrimination and violence
“This law (Penal code section 164 (a) & (c), 165,167 ) also gives basically everyone the permission to violate my rights and treat me as a pariah. I feel reduced to a pariah by this law and less of a human being.”
Maun
Various research studies have reported on the impact of criminalisation on stigma and discrimination against LGBT person in Botswana. Muller’s research in Botswana finds that the criminal provisions “codify” sexual orientation and gender identity related stigma, prejudice and discrimination into the penal code, contributing to high levels of violence experienced by lesbian, gay, bisexual and transgender people living in Botswana.
A study in Nigeria showed that men who have sex with other men experienced higher levels of verbal harassment and blackmail after the enactment of Same -Sex Marriage Prohibition Act in 2014. Similarly, in Botswana , human rights organisations have noted that the criminal prohibition, homophobic public statements and the lack of protection from discrimination leads to a perception that LGBT persons have no rights in a context of ongoing violations of the political, social or economic rights of LGBT persons.
This is comparable to findings globally. The UN Human Rights Committee has repeatedly recognised that the existence of criminal provisions criminalising samesex sex, even when not enforced, arguably strengthen , legitimise and perpetuate social stigma, homophobia and rights violations against LGBT people in a culture of officially “sanctioned” inaction and impunity. The Human Rights Council has noted the link between criminalisation and homophobic hate crimes, police abuse, torture and family and community violence. The Special Rapporteur on health has noted that “sanctioned punishment by states reinforces existing prejudices, and legitimises community violence and police brutality directed at affected individuals.” The Special Rapporteur on extrajudicial executions has furthermore noted that criminalisation increases social stigmatisation and makes LGBT people “more vulnerable to violence and human rights abuses, including death threats and violations of the right to life, which are often committed in a climate of impunity.”