Lead

Botswana has formally repealed sections of its penal code criminalising same-sex relations, in a rare and significant advance for LGBTQ rights in Africa. According to reporting from RFI and AllAfrica, the legal change comes after a years-long campaign and a 2019 High Court ruling that found the existing laws unconstitutional. The repeal marks a stark contrast with other nations on the continent, several of which are moving in the opposite direction by introducing or considering harsher penalties for same-sex relationships.

Coverage Comparison

The decision, which was formally enacted in March, has been framed in both reports as a landmark victory for a continent where homosexuality remains illegal in 31 countries. The move was formally announced around the International Day Against Homophobia, Biphobia and Transphobia, which is marked on the anniversary of the World Health Organization's 1990 decision to remove homosexuality from its list of mental illnesses. While Botswana's legal shift was met with joy by activists, it was not without opposition, with some religious groups having backed the previous laws.

Key Claims

  • Botswana's Repeal: Botswana has formally repealed sections of its penal code that criminalised same-sex relations, a process that began with a 2019 High Court ruling. The formal amendment came in March, following years of legal battles and advocacy.
  • Activist Response: Nozizwe Ntesang, head of the Botswana-based rights group Legabibo, welcomed the decision, crediting the government for standing "on the side of human rights." She also highlighted the role of an independent judiciary and dialogue with religious leaders as key factors in overcoming opposition.
  • Senegal's Stance: Senegal has taken a harsher stance, introducing tougher penalties that double prison sentences for same-sex relations to between five and ten years.
  • Ghana's Legislation: Ghana's parliament has passed a bill that introduces harsher criminal penalties for suspected homosexual activity.
  • Uganda's 2023 Law: Uganda introduced some of the world's harshest anti-LGBT legislation in 2023, with potential life imprisonment for same-sex relations and the death penalty for what is termed "aggravated homosexuality." A claim carried by a single outlet suggests that governments use the LGBT+ community as "scapegoats" to divert attention from potential governance failures.

Perspectives

Ntesang praised Botswana's judicial system as "strong," "independent," and "capable of examining human rights issues." She expressed hope that Botswana's example would inspire other countries and civil societies to begin dialogue around their own local legislation. The reports also note that the repeal proceeded despite opposition from some religious groups, with at least one coalition staging protests against same-sex relations in 2023. The WHO removed homosexuality from its list of mental illnesses in 1990.