LEGABIBO, partner of COC and MPact in Bridging the Gaps, was a key influencer in this Court’s proceedings. The organisation, founded in 1998 with the purpose to fight for the rights and well-being of the LGBTIQ community, presented their expert evidence and educated the Court on the negative impacts of institutionalised violations of human rights against the gay community. It argued that the values of Botswana’s society were no longer represented in the government’s outdated discriminating laws.

Anna Mmolai-Chalmers, LEGABIBO’s CEO

It has taken a long time for our community to be where it is. This incredibly life-changing decision, although it does not right all the wrongs done to individual members of the LGBT community, is a step towards restoring our dignity as human beings. The decision has several implications for the LGBTIQ community. Not only does it provide legal affirmation and recognition of the rights of LGBTIQ persons, but it allows an important space for addressing public health issues more efficiently and effectively. We can finally start building a more tolerant society. The real work starts now.

Discrimination and stigma against the LGTBIQ community prevent many marginalised people from receiving proper health education and treatment against common diseases such as HIV/AIDS. The High Court’s decision to declare discriminating sections of the Penal Code unconstitutional is a step in reducing societal stigma.

Botswana High Court

Personal autonomy on matters of sexual preference and choice must, therefore, be respected. Any criminalisation of love or finding fulfilment in love dilutes compassion and tolerance. 

There are still 69 countries left where same-sex relations are criminalised. A few weeks ago, a similar court case in Kenya (Repeal162) resulted in a disappointing outcome as the country’s High Court voted against removing discriminating laws against homosexuality. The prosecutors will appeal the Court’s decision.

• Bridging the Gaps is an alliance of nine international organisations and networks and more than 80 local and regional organisations in 15 countries. Together, they work towards the end of the AIDS epidemic among sex workers, people who use drugs, and lesbian, gay, bisexual and transgender people. Aidsfonds is one of the partners and lead agency of Bridging the Gaps. Read more about Bridging the Gaps' work on human rights and accessibility of quality HIV prevention, treatment and care.