New hope for human rights activists despite staunch opposition
Nnasaretha Kgamanyane | Monday February 24, 2025 14:24
Human rights supporters say Constitutional reforms remain necessary to protect a wide range of citizens, including additional rights to members of the LGBTQI+ community.
Although Botswana decriminalised so-called sodomy laws in 2019, protections do not extend to all LGBTQI+ people, including those identifying as intersex or transgender. Legislation proposed last fall would have expanded human rights of the LGBTQI+ community and establish better legal protections, but it was not passed. Opposition from religious groups, which continues today, is the reason, activists say.
Boko represented groups advocating for the 2019 changes in court and has indicated he supports a widening of LGBTQI+ rights.
Human Rights activist, Dumiso Gasha, founder of Success Capital, said despite opposition from many religious groups his organisation is optimistic that President Boko will eventually secure legal non-discrimination and equality provisions.
In an interview with this publication, Gasha noted that some of the current legal landscape’s problems, including the decriminalisation of same sex intimacy, does not equate to protections against discrimination. Gasha also said there were piecemeal laws that had already done much of that under previous administrations. In jurisprudence, for example, greater LGBTQ protections already exist in employment law and the right to association.
“So ensuring that we are protecting LGBTQI+ people from discriminatory treatment automatically ensures that all Batswana are protected from discrimination because we have those living with disabilities, in poverty, in rural areas, young, old and many other diverse attributes within our community,” Gasha said.
“This new government can set a standard in what promotion and protection of human rights of LGBTQI+ can look like, especially in an increasingly regressive regional landscape.”
Traditional leaders, who historically mounted the stiffest opposition to LGBTQI+ rights in Botswana, approved language last year in the legislation and gave their blessing for legislators to consider changes.
Yet just as different sectors in the country have warmed toward inclusive laws, some Christian groups remain staunchly opposed to human rights protections for LGBTQI+ people. Opposition by some religious groups led to the bill being deferred, dashing hope for some people.
However, Botswana’s Botswana Democratic Party (BDP) recently lost elections to the Umbrella for Democratic Change (UDC). Now, some people in the LGBTQI+ community hope President Boko, a human rights advocate, will support laws that protect them when reviewing the country’s constitution. Many are waiting to see if the president will go with the masses or will advocate for the community.
“We have called out other countries for human rights abuse or governance/democratic breaches, I think the similar can occur given some of the pan African ideals that have been touched on in some public statements.
“Leaving no one behind should be a priority for a new government.
“It is a fresh start for a social contract with its citizens to ensure meaningful citizen participation, representation and engagement at all touch points of government with the people,” they said.
On the intersex person's, Gasha added that the same advancements should be made given the challenges intersex people face. They also stated that the fact that that can be a legacy of the previous administration and finalised by the current was a testament to Botswana's esteemed democracy. Gasha explained that it did not only ensure ethical and universal human rights, but ensures intersex people can be documented and accordingly included in health, identity documentation and service delivery.
“The expectation is that these advancements with a more equitable approach will be adopted by the new government.
“The hope is to raise the bar in human rights to ensure Botswana is a leader in the promotion and protection of its citizen’s rights.
“More interventions are needed for transgender and gender diverse Batswana, particularly on gender affirmative health, which is not specific just to our community, but everyone.
“Particularly important is universal access to hormonal therapy to address women's health issues,” Gasha explained.
Gasha further stated that those who have transitioned need appropriate care when returning home, and need not have to have the resources for a lawyer to change their gender markers. They added that there should be policy adjustments to accommodate individuals who have transitioned and best practices exist to do so. Gasha also said one should not have to approach the High Court to have their gender markers changed to reflect who they are.
For her part, Neo Moruti, a lesbian, said most churches discriminate them to the extent of some church leaders telling them not to go to church because they are from the LGBTQI+ community. She added that they were told that there is nowhere in the Bible that says they must date persons of the same sex but rather the Bible states that people should date persons of the opposite gender. She sadly said they were constantly told they were engaging in a sinful behaviour which was preventing rain from falling or causing drought.
“What I want from our new President is for him to accept our community as we are because it is not what we chose for ourselves but rather our feelings and he should also let us to get married to our partners.
“We are not harming anyone but living our lives as per their wishes causing no harm to anyone.
“Why should people decide whom they should love and marry? It is not about religion rather about their own choices and decisions affecting their lives alone.”
She continued” “We often face criticism from people all around the country; we live in fear that one day one of us will be killed just because of what we are.
“I just wish that he (President Boko) listens to our pleas and tries to understand our concerns.
“Churches are against the LGBTQI community all over the country; I believe churches discriminate against the rainbow community and judge thinking they can change who we are.
“I just wish the country and the President can change and become more tolerant to everyone so we can live our lives freely.”
Last year, the Christian community under the Evangelical Fellowship Botswana (EFB) said publicly that they were strongly against homosexuality and protested the proposed legislative changes.
According to EFB’s Pastor Pulafela Siele, the entire Bible is God’s inspired truth to humanity, with supreme authority in every matter of belief and conduct. He added that they believe that the Bible has pivotal moral fibre ideals for every society, including Botswana.
“EFB is fully aware that the Court of Appeal of Botswana issued a judgment to decriminalise homosexual conduct.
“We believe that if the Parliament is to act as required by the bill, such an action will open flood gates of immorality and abomination in the nation, such as same-sex marriage,” he said.
He added that the bill would impede procreation (childbearing), and institute laws that label redemptive gospel as hate speech. He also said EFB believed that the Bible has a pivotal moral standard ideal for Botswana and any other God-fearing believing nation.
However, not all Christians are against the LGBTQI+ community.
For instance, the Rev. Thabo Mampane, who is gender non-conforming and uses he/him pronouns, described the church as “lost” in its judgment of the LGBTQI+ community. Paraphrasing the New Testament verse from 1 Corinthians 12:26, he said, “We are one body. If one part suffers, every part suffers with it.”
Mampane asked: “What is the role of the church in the context of violence against marginalised groups such as LGBTQI people? The church must restore human dignity.”
“Many pastors are not aware or equipped in how to deal with the LGBTQI+ community,” Mampane said, adding that for the church, it’s important to be more accommodative and understanding.
Speaking at the Sensitisation of the Botswana Law Society, Legal Practitioners and Support Staff on HIV and Human Rights in Botswana late last year, human rights lawyer, Bonolo Selalelo, said during the Constitutional Review, some people understood the issue while others thought they understood it when they actually did not.
“We need public education and a language that people understand,” Selalelo said.
Selalelo added that even in politics she had seen people in power using mockery to describe the LGBTQI+ community, which she said was uncalled for. She also said that some institutions or countries with particular religious beliefs are suppressing people’s rights as minority individuals.
“When the LGBTQI+ bill was brought to the Parliament (last year), of all religions who could have said anything about it, Christians, unfortunately, were at the forefront of saying Parliament should not allow these things to exist,” she said.
When speaking about issues of the LGBTQI+ community, Christians should be keepers of other Christians, she said.
“Certain denominations of Christianity must be taken to task because it seems like they are the only ones that would be listened to,” Selalelo added.