Human Rights Watch wants gay recognition

OARABILE MOSIKARE
Staff Writer | Friday August 30, 2013 00:00

HRW has applied to the High Court to be admitted as amicus curiae (friends of the court) in a case in which 20 applicants have taken the Attorney General (AG) to court to recognise LEGABIBO.LEGABIBO is an organisation representing lesbian, gay, bisexual, transgender and intersex people in Botswana. As a result LEGABIBO is unable to operate freely and to advocate for the rights of LGBT people. In an affidavit deposed by director of Lesbian, Gay, Bisexual and Transgender (LGBT) Programme of HRW in New York,  USA, Graeme Reid, the HWR says there is no reasonably justifiable basis for such a refusal.'Rather the registration of LEGABIBO will foster a friendly and tolerant environment for the LGBT community to freely associate and exchange information and ideas about matters of their welfare for the better development of the country,' says Reid. Reid says the registration of LEGABIBO will benefit a society that is hard hit by the scourge of HIV/AIDS by enabling members of the LGBT community to have access and distribute information.They will also have access to health services without discrimination or stigma as well as enable them to undertake collective public awareness campaigns and participate fully in the governance and development of the country.

HRW's want to be a friend of the court arises from its vast experience and expertise in advocating against human rights violations and discrimination against people including on the basis of sexual orientation, gender identity and expression. It also has experience in appearing before other jurisdictions and international bodies on human rights violations, including towards LGBT people. The organisation also submits that the denial of registration is a violation of the right to freedom of association under Article 22 of the International Covenant on Civil and Political Rights (ICCPR) and Articles 2 and 18 of the African Charter on Human and Peoples' Rights.'The interpretation of international and comparative law renders the decision to refuse LEGABIBO registration in violation of the rights to privacy and dignity of LGBT people in Botswana.

'The United Nations Human Rights Committee, established under the ICCPR, acknowledges sexual orientation as a protected ground in the Covenant's non-discrimination clause,' HWR states.  Lastly HRW requests that a decision regarding its admission be made as soon as practically possible. It says this will avoid any risk of prejudice to any of the existing parties to the proceedings, as well as the possibility of any delay in the determination of the matter.  Attorney Martin Dingake represents HRW. The applicants are represented by former judge Dr Unity Dow who has consented to the HRW application and shall file a notice to abide. The AG is represented by another former judge advocate Moatlhodi Marumo who is opposed to this admission. Another attorney, Nehemiah Mugoni representing Evangelical Fellowship of Botswana (EFB), who has also applied for amicus curiae in this case and are opposed to the registration of LEGABIBO.The AG will file their notice to oppose and grounds of opposition on or before September 12, 2013. The amicus curiae will file heads in the admission case on or before September 27, 2013. The AG will file heads in the admission case on or before October 11, 2013. The applicants in the main case shall file their heads in the main case on or before October 11, 2013. The AG will file heads in the main case on or before November 8, 2013. The application for admission will be heard on February 26, 2014. The main application will be heard on March 18, 2014.