Both female and male same-sex sexual acts are illegal in Botswana. In recent years, the LGBT community has become more visible and accepted among Botswana's population. Init ordered the Government to register Botswana's main LGBT organisation and in it ruled that transgender people have a Botswana lesbians right to change their legal gender. It was scheduled to hear a case seeking to legalise homosexuality in Botswana in Maybut this has been According to the Botswana Penal Code: Attempts to commit unnatural offences.
Any person who attempts to commit any of the offences specified in section is guilty of an offence and is liable to imprisonment for a term not exceeding five years.
Indecent practices between persons. Any person who, whether in public or private, commits any act of gross indecency with another person, or procures another person to commit any act of gross indecency with him or her, or attempts to procure the commission of any such act by any person "Botswana lesbians" himself or herself or with another person, whether in public or private, is guilty of an offence.
General punishment for offences. When in this Code no punishment is specially provided for any offence, it shall be punishable with imprisonment for a term Botswana lesbians exceeding two years or with a fine, or with both.
Previously, the law only applied to men. "Botswana lesbians," a Botswana Botswana lesbians found this to be discriminatory and that the law should apply to women as well.
Although same-sex sexual acts remain illegal, their prosecution is rare according to a publication. On 30 Marchthe Gaborone City Council unanimously approved a motion calling for the repeal of Botswana's criminalisation of same-sex sexual acts.
A student at the University of Botswana is currently the lead plaintiff in a case to legalise homosexuality in Botswana.
The lawsuit seeks to declare Section a and of the Penal Code unconstitutional because "they interfere with his [the student's] fundamental right to liberty, freedom of privacy, as well as his right to use his body as he sees fit. Initially, the High Court was supposed to hear the case in March As such, the High Court moved the hearing to 31 May The
Botswana lesbians Act has prohibited "Botswana lesbians" discrimination on the basis of orientation since In Septemberthe Botswana High Court ruled that the refusal of the Registrar of National Registration to change a transgender man's gender marker was "unreasonable and violated his constitutional rights to dignity, privacy, freedom of expression, equal protection of the law, freedom from discrimination and freedom from inhumane and degrading treatment".
LGBT activists celebrated the ruling, describing it as a great victory.
"Botswana lesbians" similar case, where a transgender woman sought to change her gender marker to female, was heard in December High Court ruled that the Government must recognise her gender identity. Homosexuality is a taboo subject in Botswana. It is commonly seen as a Western disease and un-African. In Februarythe Deputy Speaker of the Botswana National AssemblyPono Moatlhodiresponded to a proposal to provide condoms to prison inmates engaging in same-sex sexual acts.
Moatlhodi said that if he had the power, he would have those who practice homosexuality killed.
Moatlhodi further said that inmates should learn that by having chosen
Botswana lesbians break the law, they were imprisoned and thus were responsible for starving themselves of sex. In andformer Botswana President Festus Mogae spoke out against sexual discrimination, saying prejudice was hindering efforts to fight HIV in a country where one in four adults had the disease.
Our HIV message applies to everybody. If we are fighting Botswana lesbians associated with sex, let's apply it to sexual discrimination in general. I was not willing to lose an election on behalf of the gays. The majority of our people are still opposed [to homosexuality] so I must convince them first before changing the law unilaterally. Department of State 's Human Rights Report found that, "The
Botswana lesbians has no law explicitly criminalizing consensual same-sex sexual activity.
However, what the law describes as 'unnatural acts' are criminalized, and there is widespread belief this is directed toward gay, lesbian, bisexual, and transgender persons. Police did
Botswana lesbians target same-sex activity, and there were no reports of violence against persons based on their sexual orientation or gender identity during the year.
In Septemberresponding to the deportation of an American anti-gay pastor from Botswana, Ian Khama said that "we don't want hate speech in this country. Let him do it in his own country. The Government has twice rejected its application to be registered; therefore, LeGaBiBo's ability to raise funds was limited.