Translated by Federica Conti
On March 26, the government of Botswana formally removed laws against the LGBTQ community that still existed in the country as colonial heritage.Six years ago, in 2019, the High Court of Botswana ruled that criminalizing homosexual relationships violated the rights to freedom, equality, and dignity. Judge Michael Leburu stated, "Sexual orientation is not an issue of trend. It is an important trait of a person's personality."
This ruling was a turning point for Botswana, where Article 164 of the Penal Code prescribed seven years in prison for sodomy. Though the court issued its decision, the article was not immediately removed. Today, the prohibition of sexual relationships with animals remains in place, as the article mentions.
The removal of certain paragraphs of the article has been particularly appreciated by the LGBTQ+ community of Botswana. LEGABIBO organization, indeed, defined this political choice as "a necessary and expected step towards the restoration of dignity and the alignment of this juridic framework to constitutional values of equality and human rights", transmitting clearly the message that LGBTQ+ people are not criminals and do not deserve punishment but protection.
Moreover, the organization refers to the way in which the criminalization of sexual relationships not only represented a means for formal inequality of non heterosexual people in front of the law, but it also meant substantial inequality that prevents LGBTQ+ people from living respectably. They experience, indeed, important difficulties connected to "the access to healthcare, safety, employment, and the freedom to love and exist openly".
However, the de-claminalization does not cancel the inequalities and does not put an end to discrimination that affects the community, but "creates space for healing, inclusion, and continued progress toward full equality".
The battle of the Queer community for the respect of their own rights does not end here. In this context, the case of Bonolo Selelo and Tsholofelo Kumile acquires particular interest. They are a homosexual couple who, this March, appealed to the High Court, criticizing marriage laws that forbid marriage for homosexual couples. According to the couple, marriage laws would be unconstitutional because they deny homosexual couples access to fundamental legal rights, like inheritance, economic safety, and the possibility of making healthcare decisions for one another.
In 2025, the couple attempted to register their marriage at the Department of Civil, but their request was refused because the marriage law in Botswana does not allow same-sex marriages. They considered this event to be incompatible with the guarantees of equality and dignity issued by the Constitution of Botswana. The hearing in front of the High Court is currently expected to take place between July 14 and 15.
The courage and determination of this couple were appreciated by the Queer community and the organization.LEGABIBO, but they faced the opposition of Dingwetsi Association of Botswana, Evangelical Fellowship of Botswana, and Botswana House of Prayer and Transformation.
In conclusion, removing the criminalization of homosexual relationships by law in Botswana and the mobilization of the LGBTQ+ community for egalitarian marriages can be considered as a beacon of hope for LGBTQ+ rights in an historical moment in which their rights are more at risk than ever.
Mondo Internazionale APS - Riproduzione Riservata ® 2026