Human rights win the day

Mmegi Editor | Friday March 18, 2016 11:09

CoA Judge President Ian Kirby found it is acceptable by both parties that the provisions of the act are unobjectionable in constitutional terms. The ruling came four years after members of LEGABIBO filed an application for the registration of the association as a society, which was rejected by the minister.  The organisation’s draft constitution intends to integrate a legal, ethical and human rights dimension into the response to the sexual, reproductive and health rights of all people without discrimination on any basis.  It also seeks to strengthen the participation of lesbians, gays and bisexuals in the policy fora in Botswana at an international level.

LeGaBiBo hopes to assist in promoting and encouraging networking amongst Non-Governmental Organisations and individuals with similar goals and objectives so as to facilitate joint initiatives at problem-solving.  It also wants to carry out political lobbying for equal rights and non-discrimination of same sex relationships. Moreover, LeGaBiBo wants to represent and act on behalf of lesbians, gays and bisexuals in the country at any level.  There is, in fact nothing wrong with these objectives, which the organisation wishes will contribute meaningfully to the fight against HIV and AIDS and work towards the elimination of homophobia.

 Homosexuality in Botswana and elsewhere is a reality. Conservatives have to learn to live with people of different sexual orientations. After all, the first article of the United Nations Universal Declaration of Human Rights states: “All human beings are born free and equal in dignity and rights.   They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood”. We respect and welcome this progressive judgment wholeheartedly. It is a demonstration that the country’s jurisprudence is progressing towards authentic and inclusive acceptance.

Our judges, although most of them are conservative, are aware of what is happening in the society.   Only 13 years ago, the same court concluded that the time had not yet arrived to treat gays and lesbians as a group deserving of inclusion in Section 15 (3) definition of categories in respect of which discrimination was unlawful. We hope this judgment changes that and goes a long way to advance our views on gay rights and affirmative action as human rights

Today’s thought

“While strong dissenting views are still expressed by religious and other groups, some prominent politicians have begun to speak out in support of lesbian rights.”

 – Ian Kirby