LEGABIBO pushes for Gender Recognition Act
Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) is fighting for the inception of a Legal Gender Recognition Act that will ensure that transgender persons can change their gender marker identities on official documents with ease.
The organization is taking advantage of the current constitutional review to submit the changes they want to see in the constitution to the constitutional review committee.
Currently transgender persons cannot change their gender marker indicators on official documents. This forces them to explain themselves to officials and reveal their transgender identity against their will. This violates their right to privacy, as well as makes them prone to discrimination. Transgender persons therefore cannot live freely and contribute to the communities they live in as they are constantly stigmatised and discriminated against.
Communications Officer at LEGABIBO, Matlhogonolo Samsam states that they are working with different stakeholders to raise awareness on issues of equality with regards to the LGBTIQ+ community. Furthermore, LEGABIBO is working towards the inclusion of the LGBTIQ+ protection in the constitution. The organisation wants the constitution of Botswana to explicitly protect the LGBTIQ+ from all forms of discrimination including issues of discrimination on people based on one’s sexual orientation and gender identity. LEGABIBO is working hand in hand with support groups across the country. Through partnering with various support groups, they have already made submissions to the Commission of Inquiry in 70 percent of the places the Commission has visited. Some of these locations include Gabane, Molepolole, Parakarunku, Kavimba, Kachukau and Pandamatenga.
“We are still at a level where we are teaching people. We are raising awareness, educating people and exchanging and sharing ideas,” Samsam says, further explaining that this is because issues of policy change take time and they need consultation from various stakeholders in the society. This year LEGABIBO managed to meet with President Mokgweetsi Masisi, and the Deputy Police Commissioner amongst other stakeholders. The topic of Legal Gender Recognition was amongst the issues discussed in their various meetings. They believe that meeting the president has set a tone for other branches of government to be open to having sessions with them where they can inform and educate them about issues affecting the LGBTIQ+ community. Samsam laments of the challenges that transgender persons face because of current legal stance in the nation. “Even individuals on hormonal therapy come across as fraudulent people because they do not look like the pictures on their official legal documents.” Andile Ncube, a transman living in Botswana explains that they face a lot of challenges locally. He
indicates that “the trans person is not catered for in restrooms in all facilities across Botswana,” and this puts the lives of the transgender person in danger when using restrooms as they may use restrooms that are not associated with what they look like. Ncube explains that the fact that a transgender person does not look like the picture on their identity card causes a lot of stigma and discrimination towards the transgender person. Crossing the boarders is also a challenge because a transgender person has to have a witness with them that can attest to the fact that they are not faking their official documents.