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Botswana: Botswana Eases Anti-LGBTQ Laws As Repression Grows Elsewhere in Africa
In a historic shift for LGBTQ rights in Africa, Botswana has formally repealed sections of its penal code criminalising same-sex relations. The move, celebrated by activists, contrasts sharply with other African nations like Senegal, Ghana, and Uganda, which are implementing harsher penalties.
Botswana has formally repealed sections of its penal code criminalising same-sex relations, in a rare and significant advance for LGBTQ rights in Africa.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Botswana's Repeal: Botswana has formally repealed sections of its penal code that criminalised same-sex relations, a process that began with a 2019 High Court ruling.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.
How each outlet told it
AllAfrica
Framing: Botswana advances LGBTQ rights, while other African countries regress — Informative, with a tone of concern for LGBTQ rights in Africa
Facts Included:
Botswana has repealed sections of its penal code criminalising same-sex relations
The World Health Organization removed homosexuality from its list of mental illnesses in 1990
Senegal has introduced harsher penalties for same-sex relations
Ghana's parliament has passed a bill introducing harsher criminal penalties for suspected homosexual activity
31 African countries still criminalise homosexuality
Each row is one claim, attributed to the outlet whose wording states it most clearly. Confidence rates how directly the source text states the claim — explicit and unhedged rates high; hedged, pieced-together, or internally inconsistent statements rate lower. It does not measure whether the claim is true. Status counts the distinct outlets we found asserting it — so a single-source claim can still show high confidence, and a multi-source claim can show medium. Every one of those outlets is named beside the status, so you can check the count against the list. For claims extracted before we began storing that list, the row says so: it names the outlet the claim is quoted from and states that we have not recorded which outlets backed it. Outlets wrote at different times, so a figure that evolves — a casualty count, for example — can legitimately differ between rows; check the "as of" time next to each claim's source.
Claim
Confidence
Status
ClaimBotswana has repealed sections of its penal code criminalising same-sex relations.
ConfidenceHigh
StatusMulti-source quoted from RFI — Englishthe outlets behind this status were not recorded for this claim
ClaimThe World Health Organization removed homosexuality from its list of mental illnesses in 1990.
ConfidenceHigh
StatusMulti-source quoted from RFI — Englishthe outlets behind this status were not recorded for this claim
ClaimSenegal has introduced harsher penalties for same-sex relations, doubling prison sentences to five to 10 years.
ConfidenceHigh
StatusMulti-source quoted from RFI — Englishthe outlets behind this status were not recorded for this claim
ClaimGhana's parliament has passed a bill introducing harsher criminal penalties for suspected homosexual activity.
ConfidenceHigh
StatusMulti-source quoted from RFI — Englishthe outlets behind this status were not recorded for this claim
Claim31 African countries still criminalise homosexuality.
ConfidenceHigh
StatusMulti-source quoted from RFI — Englishthe outlets behind this status were not recorded for this claim
ClaimUganda 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 'aggravated homosexuality'.
ConfidenceHigh
StatusMulti-source quoted from RFI — Englishthe outlets behind this status were not recorded for this claim
ClaimGovernments and politicians use LGBT+ people as scapegoats to divert attention away from their potential failures.