A New Dawn for Gay Rights Botswana: A Commentary on the Decisn of the High Court and Court of Appeal the Motshidiemang s | Journal of Ain Law | Cambridge Core

Contents:

• A W FOR GAY RIGHTS BOTSWANA IS A ‘STEP AGAST THE CURRENT’ AI
• A NEW DAWN FOR GAY RIGHTS BOTSWANA: A COMMENTARY ON THE DECISN OF THE HIGH COURT AND COURT OF APPEAL THE MOTSHIDIEMANG S
• BOTSWANA PRINT VOWS TO HONOUR GAY RIGHTS JUDGMENT
• BOTSWANA SCRAPS GAY SEX LAWS BIG VICTORY FOR LGBTQ RIGHTS AI
• LBIAN, GAY, BISEXUAL AND TRANSGENR (LGBT) TRAVEL TO BOTSWANA
• A TRIUMPH FOR GAY RIGHTS BOTSWANA
• DGAKE TALKS ABOUT GAY RIGHTS TRIBUTE TO KIRBY
• ON GAY RIGHTS, YOUNG AINS SHARE THE TOLERANCE OF THEIR ELRS

A W FOR GAY RIGHTS BOTSWANA IS A ‘STEP AGAST THE CURRENT’ AI

Gay rights mpaigners exprsed joy at the Botswana urt of appeal’s cisn to uphold a lg that crimalised same-sex relatnships, sayg the untry’s judiciary had set an example for other Ain ernment had appealed a 2019 lg that crimalisg homosexualy was unnstutnal.

The lg had been hailed as a major victory for gay rights mpaigners on the ntent, followg an unsuccsful attempt Kenya to repeal lonial-era laws crimalisg gay sex. I have all sorts of emotns, but the bottom le is I am really happy, ” said Cae Youngman, head of policy and legal advocy for the anisatn Lbians, Gays and Bisexuals of Botswana. While Cape Town markets self as “Ai’s gay pal, ” South Ai has been ut to avoid the accatn of exportg s approach to human rights.

A NEW DAWN FOR GAY RIGHTS BOTSWANA: A COMMENTARY ON THE DECISN OF THE HIGH COURT AND COURT OF APPEAL THE MOTSHIDIEMANG S

Now that South Ai is jt one of four natns the regn to have crimalized nsentg homosexual acts, may bee more forthright speakg out agast gross vlatns of the human rights of sexual and genr mori other Ain untri. In this May 2010 photo, women prott agast a sentence of 14 years prison, wh hard labour, given to two men Malawi unr Malawi’s anti-gay legislatn, the cy of Cape Town, South Ai,.

LEGABIBO (Lbians, Gays, Bisexuals of Botswana, whose CEO ttified as a iend of the urt this se), is one of the olst sexual mory rights associatns on the ntent outsi of South Ai.

Tshekiso Tebalo/Agence France-Prse — Getty ImagJune 11, 2019In a momento se that prompted celebratn among gay people and civil rights activists around the ntent of Ai, Botswana’s High Court overturned laws on Tuday that crimalized the lg was livered only weeks after the High Court of Kenya upheld laws that crimalize gay sex, unrsrg the wi differenc how L.

BOTSWANA PRINT VOWS TO HONOUR GAY RIGHTS JUDGMENT

Deliverg the lg, Judge Michael Lebu said the laws were “discrimatory” toward gay people and vlated Botswana’s Constutn, argug that overturng them was a matter of protectg human do the rt of Ai pare? ]South Ai beme the first natn on the ntent to crimalize homosexualy 1998, when the Johannburg High Court led that the natn’s sodomy laws vlated the untry’s newly adopted, post-apartheid 2010, several more untri Southern Ai have crimalized same-sex relatns, cludg Mozambique, Angola and Lotho.

BOTSWANA SCRAPS GAY SEX LAWS BIG VICTORY FOR LGBTQ RIGHTS AI

In 2006, South Ai legalized gay marriage, beg the fifth untry the world to do chang often followed general efforts to reform the penal and mpaigns by public health officials to unter the spread of H. V., said Neela Ghoshal, a senr rearcher wh Human Rights said that broad societal movements, such as the end of apartheid South Ai the 1990s or the Arab Sprg uprisg that began Tunisia 2010, had also created space for gay rights movements to spe South Ai’s tolerant laws, gay and transgenr people rema the target of vlence there, exemplifyg the wi dispari some Ain untri between what the legal says and how the thori choose to enforce some untri, Ms. Ghoshal said, longstandg laws crimalizg homosexualy are not enforced at all, while untri that have never had anti-gay laws, there remas social stigma, vlence and noted that Kenya — where the High Court upheld laws that crimalize gay sex last month — people the pal were largely tolerant while those parts of the untrysi tend to be more ernments have taken an active role crackg down on gay people.

LBIAN, GAY, BISEXUAL AND TRANSGENR (LGBT) TRAVEL TO BOTSWANA

Ghoshal said, movements for gay rights were stifled after the Arab Sprg by the rise of Print Abl Fattah el-Sisi, and the police began to target activists. Siarly, Uganda’s legislature has adopted hostile posns toward gay people, part fluenced by nservative evangelil Christian misters, said Adotei Akwei, the puty director for advocy and ernment relatns for Amnty Internatnal. A Ugandan urt stck down a punive anti-gay law 2014, but left open the possibily that the measure uld be Akwei said that the Botswana cisn was “a wonrful step agast the current” a ntent that largely “has had a very nservative and hostile view of L.

Bra had crimalized male homosexualy sce 1553, and extend siar polici to the loni veloped around the the time Bra began to crimalize homosexualy, 1967, anti-gay stigmas and laws had bee well entrenched former loni, often cludg piec of the Victorian language that the Brish left behd. Around the world, more than half of the natns that crimalize homosexualy were once Brish Ain ernments have found the laws eful, Mr. Conservative relig nstuenci, both Christian and Mlim, have also fluenced some ernments: While evangelil Christiany is fluential Uganda, nservative Islam has helped shape attus toward gay people Sudan and Somalia, where homosexualy is punishable by there prospects for further change?

Many Kenyans hold strong anti-gay views — 90 percent of Kenyans said society should not accept homosexualy, acrdg to a 2013 Pew survey — and the judg last month’s cisn Kenya argued that homosexualy clashed wh tradnal attempt to strike down Botswana’s anti-sodomy laws failed 2003, but activists ma “cremental” progrs later, said Anna Mmolai-Chalmers of Lbians, Gays and Bisexuals of Botswana. Botswana, which is regard as one of Ai’s most stable mocraci, changed s employment act to prevent discrimatn agast LGBT people 2010, and the High Court led favor of a transgenr man who sought legal regnn as a male last September, Print Mokgweetsi Masisi of Botswana exprsed tentative support for gay people, sayg, “Jt like other cizens, they serve to have their rights protected.

A TRIUMPH FOR GAY RIGHTS BOTSWANA

Abstract In 2003, the Botswanan Court of Appeal cid Kanane v The State that discrimatn on the basis of sexual orientatn was not proscribed by the Botswanan Constutn bee no evince had been adduced showg that the society of Botswana was ready for gay dividuals.

DGAKE TALKS ABOUT GAY RIGHTS TRIBUTE TO KIRBY

After sixteen years, thgs changed: 2019, Letsweletse Motshidiemang and LEGABIBO (as amic) v The Attorney General, the High Court held that the law crimalizg anal terurse vlated the fundamental rights of gay people. It is argued that through a genero terpretatn of fundamental rights and a rtrictive readg of rogatns, the High Court and the Court of Appeal rectified the error Kanane and afford full protectn to gay men unr the Constutn.

Footnote 7 The Court of Appeal dismissed the applitn; held that no evince of public opn had been adduced showg that the people of Botswana were ready for the crimalizatn of homosexual practic between nsentg adult mal. In furnishg the answer to the qutn of whether the circumstanc mand the crimalizatn of homosexual practic between nsentg adult mal, the Court of Appeal held that no evince was put before eher the High Court or the Court of Appeal that public opn Botswana had so changed and veloped that society Botswana mand such crimalizatn. Drawg spiratn om Banana, the Court of Appeal dited that there was no evince that the approach and attus of society Botswana to the qutn of homosexualy and to homosexual practic by gay men and women required a crimalizatn of those practic, even regardg nsensual acts by adult mal private.

ON GAY RIGHTS, YOUNG AINS SHARE THE TOLERANCE OF THEIR ELRS

The Court of Appeal ed this amendment to reach the ncln that the legislature was reflectg public ncern by broang the spe and amb of sexual offenc, which showed a harng attu towards homosexual offenc Botswana. This over-reliance on public opn led to a failure by the Court of Appeal to read the Constutn a manner that afford gay men full protectn unr .