LGBT rights in Botswana
| LGBT rights in Botswana | |
|---|---|
 Botswana |
|
| Same-sex sexual activity legal? | Illegal[1] |
|
Penalty:
|
Up to 7 years imprisonment[1] |
| Gender identity/expression | – |
| Family rights | |
Lesbian, gay, bisexual, and transgender (LGBT) persons in Botswana face legal issues not experienced by non-LGBT citizens. Both female and male same-sex sexual acts are illegal in Botswana.
Contents |
[edit] Laws regarding same-sex sexual acts
According to chapter 08:01 of the penal code:
Section 164. Unnatural offences
“Any person who;
another person, whether in public or private, is guilty of an offence.”
(a) has carnal knowledge of any person against the order of nature;
(b) has carnal knowledge of any animal; or
(c) permits any other person to have carnal knowledge of him or her against the order of nature, is guilty of an offences and is liable to imprisonment for a term not exceeding seven years.”
Section 165. Attempts to commit unnatural offences
“Any person who attempts to commit any of the offences specified in section 164 is guilty of an offence and is liable to imprisonment for a term not exceeding five years.”
Section 167. 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 with himself or herself or with—Chapter 18:01, Botswana law (May 2008 ILGA world laws report[1])
Although homosexual acts remain illegal, prosecution of such acts is rare.[2]
[edit] Recognition of same-sex relationships
Same-sex couples have no legal recognition.
[edit] Discrimination protections
There is no protection against discrimination based on sexual orientation.
[edit] Living conditions
Homosexuality is taboo in traditional Botswana culture. It is commonly seen as a western, non-African issue.[2] Botswana is a member of the Commonwealth of Nations.
Botswana's primary LGBT rights organization is Lesbians, Gays and Bisexuals of Botswana (LEGABIBO). It has no official recognition from the government—and because it is not a registered organization, it cannot legally raise funds. A spokesman from the organization said, “the government has stated that it will refuse to register our organization because to do so would be tantamount to registering an organization of criminals."[2]
The U.S. Department of State's 2010 Human Rights Report found that "the police do not target homosexual activity, and there were no reports of violence against persons based on their sexual orientation or gender identity during the year. However, there were reports of societal discrimination and harassment of gay, lesbian, bisexual, and transgender persons."[3]
[edit] See also
[edit] Footnotes
- ^ a b c Ottosson, Daniel (May 2008). "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults". International Lesbian and Gay Association (ILGA). pp. Page 10. http://www.ilga.org/statehomophobia/ILGA_State_Sponsored_Homophobia_2008.pdf. Retrieved 12 January 2009.
- ^ a b c Mookodi, Godisang. "Botswana". Continuum Complete International Encyclopedia of Sexuality. http://www.kinseyinstitute.org/ccies/bw.php. Retrieved 13 February 2007.
- ^ http://www.state.gov/documents/organization/160109.pdf
[edit] External links
- Asylumlaw.org: Sexual Minorities & HIV Status (Botswana) — various information packets used for asylum purposes
- UK government travel advice for Botswana: Local laws and customs
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