This archive report was first published on 19 July 2019.
On June 11, Botswana's High Court made history by becoming the first in Africa to overturn colonial-era laws against gay sex. However, the victory may be short-lived as the government has announced plans to appeal the ruling.
The appeal, which will be heard by the Court of Appeal, seeks to uphold Botswana's penal code Sections 164 and 165, which criminalize gay sex and carry a maximum sentence of seven years.
While the laws are rarely enforced, rights groups argue that they promote shaming and discrimination against gay people. The Botswana Network on Ethics, Law and HIV/AIDS (BONELA) has expressed disappointment at the government's decision to appeal, calling it a step in the wrong direction.
"It's really, really disappointing," said Cindy Kelemi, BONELA's executive director. "It basically means the government affirms the institutionalized stigma that is based on policy and laws that basically discriminate on the basis of sexual orientation."
However, for gay communities in Botswana and across Africa, the High Court's decision remains a beacon of hope for gay rights. Motswafere Sithole, a Botswanan musician and one of the country's few openly gay public figures, remains upbeat.
"It means so much for the LGBT community," Sithole said. "Because now we can be free to love who we want to love, we can be free to express ourselves and be free at the workplace. We can be free as human beings."
Published on July 19, 2019, at 7:20 PM EAT.
