Botswana High Court to hear case that could end criminalisation of homosexuality

The Botswana High Court is in the process of hearing arguments that could end the country’s criminalisation of same-sex relations. LEGABIBO, a local LGBT+ advocacy group, is helping to present the case of LM, a gay man filing suit against Botswana’s Attorney-General.

LM is arguing that three sections of the country’s Penal Code are unconstitutional. The sections forbid “unnatural offences” and “carnal knowledge of any person against the order of nature” and are applied to same-sex relations.

LM argues that these laws violate his “constitutional rights, including, the right to equal protection of the law and freedom from discrimination, the right to liberty and the right not to be subjected to inhuman or degrading treatment.”

In a statement LEGABIBO have said they “would present factual and legal evidence that will assist the Court in making its determination… This evidence seeks to demonstrate that continued criminalization of consensual same-sex sexual conduct perpetuates stigma, intolerance, homophobia and violence against members of the LGBT community.

“Moreover, decriminalization would not only greatly enhance public health—by assisting with treatment, care and education in the fight against HIV in particular—but it will also affirm basic human rights and the diversity of the Botswana nation.”

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