16 DAYS OF ACTIVISM SHOULD BE INCLUSIVE OF VIOLENCE AGAINST LGBT PERSONS

Every year Botswana commemorates 16 Days of Activism Against Gender-Based Violence from end of November to MidDecember, with this year being no exception. Perhaps we should not only focus on violence against women and girls, but also take a look at violence against LGBTI persons so that we can actively and intentionally deal with it in line with Botswana’s Vision 2036 pillars of Gender Equality, and Social Inclusion & Equality and also in line with the Sustainable Development Goals; Good Health and Well being, Gender

Equality and Reduced Inequalities.

Lesbian, gay, bisexual, and transgender (LGBT) people in Botswana experience stigma, discrimination, and violations of their basic rights in their daily lives. They report verbal abuse and harassment-derisive, humiliating words, hate speech and public calls for rejection, exclusion and even violence coming from their most intimate family members, those service providers they rely on for their health and safety and right up to the nation’s top political and

religious leaders. They are beaten, murdered, sexually assaulted and raped. They are bullied at school and shunned by the religious community.

They are humiliated in the workplace, sometimes not hired and other times dismissed because of their sexual orientation, gender identity or gender expression. In the healthcare setting, they are ridiculed or shamed, their confidentiality is breached, they receive inferior and substandard care, conditional access to services, and at times, outright denial of health care and threats of police reports. Law enforcement officials are reportedly a source of various forms of stigma, discrimination and rights violations, including harassment, intimidation, threats of violence, physical and sexual violence, arbitrary arrest and detention, extortion or blackmail.

In Botswana, sections 164 (a) and (c), 165 and 167 of the Penal Code effectively criminalised adult consensual same-sex sexual activity. These laws infringed upon the rights of LGBT persons to be treated equally and without discrimination, violating their rights to dignity, privacy, personal liberty and freedom of expression and impacted on their health rights.

Although the above-mentioned Penal Code sections have since been repealed (11 June 2019), their impact is still felt amongst the LGBT community. The criminalisation of consensual same-sex sex furthermore appeared to contribute to stigma, discrimination and violence against LGBT persons by allowing government officials and the broader public to violate the rights of LGBT persons with a sense of impunity.

The criminal provisions, although “gender neutral”, disproportionately impacted upon LGBT persons. As a result of the criminal laws, the stigmatised context they created and the way in which the laws were enforced, LGBT persons don’t seek out justice for these human rights abuses.

Experiences of stigma, discrimination, exposure and threats of reports also discouraged the LGBT persons from accessing healthcare services. When accessing healthcare, they often conceal their sexual orientation and don’t speak openly about their health issues, which may result in misdiagnosis and inadequate treatment and care. They feared complaining about poor treatment from health care providers and the reprisals that may follow. This placed their health at further risk.

Existing evidence shows that LGBT persons experience high levels of stigma and discrimination, violence and other human rights violations. In 2017, Afrobarometer reported that while Botswana is an increasingly tolerant nation, with people who affirm basic freedoms and human rights of all persons to say what they think, associate with any organisation they choose to and vote for the candidate of their choice, many do not support freedom of sexual orientation. The results of the Afrobarometer survey noted that 56 percent of Batswana either strongly disliked or somewhat disliked the idea of living next to a neighbour who is homosexual. This is echoed and arguably legitimised by more public, derogatory statements made by political and religious leaders, who stated that homosexuality is not only unlawful, but is foreign to Batswana culture. The Evangelical Fellowship of Botswana in its “crusade” against homosexuality, called on “all Christians and all morally upright persons within the four corners of Botswana to reject, resist, denounce, expose, demolish and totally frustrate any effort by whoever to infiltrate such foreign cultures of moral decay and shame into our respectable, blessed and peaceful country.”

All these, put together paints a picture of the heart wrenching abuse against LGBT persons and we call upon the government and its relevant departments to strengthen legal mechanisms for reporting cases of violence, abuse and victimisation, including by strengthening legal support services and alternative and alternative complaints mechanisms for LGBT persons to report violations within the work environment, health care sector and law enforcement environment. Source: “The Law needs to change, we want to be free” – The impact of laws criminalising same sex relationships in Botswana (2018).