Criminalisation Of Same-Sex Relationships To Be Challenged

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The High Court of Botswana is expected to hear a case in which human rights advocates in the country are challenging the constitutionality of criminalising consensual same sex activities.

In a statement released by advocacy rights group, Lesbians, Gays, and Bisexuals of Botswana (LEGABIBO), the High Court has set a full bench of Justices Abednigo Tafa, Michael Leburu and Jennifer Dube for March 15, 2019.

The bench is expected to hear the challenge of constitutionality of sections 164 (a) (c) and 167 of the Penal Code. The provisions criminalise same-sex sexual activities in the Botswana. According to the advocacy group, they will seek to advance before the bench on the set date of March 15 next year the practical effect and social impact of the sections on the lives of the LGBT community including how they limit their ability to access basic services and infringe on their human dignity.  “Decriminalisation of same-sex sexual activities is an important step towards advancing diversity of our nation,” LEGABIBO states.  The hearing of the case comes against the backdrop of the advocacy group having been fighting for the rights of the minority groups including lesbians and gays.

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