Behind the Mask

BEHIND THE MASK a website on gay and lesbian affairs in Africa

botswana

about botswana
official name: Republic of Botswana
capital: Gaborone
head of state: President Festus Mogae
state: Multi-party democracy
population: 1, 6 million
independence: from UK in 1966
languages: English (official) Tswana
religion: Traditional African 50%, Christian 50%
currency: Pula
media: The Botswana Gazette at and the Daily News at
http://www.gov.bw/cgi-bin/news.cgi/
legal wise
status of homosexuality: Illegal
age of consent: Not maintained
laws covering homosexual activity:
Botswana Penal Code Cap. 08:01:
164 (Unnatural offences) Any person who:
(a) has carnal knowledge of any person against the order of nature
(b) has carnal knowledge of an animal
(c) permits a male person to have carnal knowledge of him or her against the order of nature
is guilty of an offence and is liable to imprisonment for a term not exceeding seven years.
165 (Attempt to commit unnatural offences) Any person who attempts to commit any of the offences specified in section 164 is guilty of an offence and is liable to imprisonment for a term not exceeding five years.
166 (Indecent assault of boys under 14) Any person who unlawfully and indecently assaults a boy under the age of 14 years is guilty of an offence and is liable to imprisonment for a term not exceeding seven years.
167 (Indecent practices between males) Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of an offence.

The legislature changed the law
in 1998 to also apply to same-sex relations between women as well as men.

The [Botswana] Centre for Human Rights is aware of two cases where charges have been raised against individuals, however, there is not yet any conviction on these cases.
background information and government attitudes:
Homosexuality is a taboo and as such this is also reflected in the attitudes of the officials and the society at large. People do not come out publicly to declare that they are homosexuals.
ilga africa 2000 report:
Homosexuality is illegal in Botswana, and is punishable by up to seven years in prison. The Botswana Penal Code deals with homosexual acts in Cap. 08:01: 164, 165, 166, 167, making specific mention of male/male sexual acts in 167. Lesbians are now specifically mentioned in legislation and it would appear that they too are discriminated against in Botswana society. It is not known at this time if any lesbians are being prosecuted.
communication
mainline telephones: 86, 000 (1997)
cellular telephones: NA
internet country code: .bw
internet service providers: 3 (2000)
internet users: 12, 000 (2000)
botswana links and contacts

Ditshwanelo Human Rights Centre
Plot 2732 Hospital
Post bag x 00416, Gaborone
+ 267 306 998
ditshwanelo@info.bw
http://www.ditshwanelo.org.bw/
Activities: human rights advocacy, support

BONELA
Plot 50662
Medical Mews,
Fairground, Gaborone

P o Box 402958
Gaborone
Botswana

TEL: (+267) 3932516
FAX: (+267) 3932517
E-MAIL: Bonela@botsnet.bw
WEBSITE: http//www.bonela.botsnet.co.bw/

the plight of african christians
August 26, 2005: In African culture, homosexuality is taboo. President Robert Mugabe has been widely reported to have said that homosexuals are worse than pigs, which didn't go down well with the West. Sam Nujoma is also known to have publicly unpalatable terms to describe homosexuality. In fact, he is reported to have ordered the arrest and deportation of homosexuals from Namibia. More...

the era of the homosexual
August 25, 2005: We have said and we will say it once again, some Botswana rags are full of demented homophobes who will pen down any gobble garbage to mask the fact that they are lazy. More...

ditshwanelo tsa ditabane ke ditshwanelo tsa batho bohle, or is that the case?
June 24, 2005: We profile key Botswana human rights and gay-supporting organisation, Ditshwanelo, and highlight the Kanane court case which brought up questions about the criminalisation of homosexuality in Botswana. More...

botswana bishops meet new pope
June 21, 2005: A Ghanian-born Botswana Catholic bishop retorts that during his audience, together with other African Bishops, with the Pope, the issue of homosexuality was not raised because it is alien to Batswana. More...

"i married a lesbian" a couple reveals sad details of marriage made in hell
June, 2005: Things fell apart. The centre definitely could not hold for a marriage that crumbled when a husband assaulted his wife for allegedly turning out to be a lesbian. Just six weeks after pledging to 'love, cherish, and obey,' marriage vows turned to curses for Lesego and Juliet Maboshe. More...

gays and lesbians of botswana
June, 2005: The Voice columnist seems to suggest that sex is for procreation alone! The question is does she have sex each time she wants to fall pregnant herself or is she just homophobic? More...

the shy radical
February 28, 2005: Vocal Gaborone attorney, Duma Boko is still haunted by what happened to him when he was a Form Three student. He was kicked out of a Religious and Moral Education class for expressing views that were seen to be in support of homosexuality. More...

provision of arvs in the southern africa region
November 29, 2004: As we all know, some countries here in Africa are trying hard to fight HIV/Aids. But African governments are focusing on heterosexual safer sex education. There is little or nothing being done regarding lesbian and gay safer sex education. It is a taboo for most countries in Africa to talk about sex, let alone homosexuality. More…

is there hope in vision 2016?
May 26, 2004: The government of Botswana has issued a bold vision statement for the nation called Vision 2016. It promises all citizens safety, security, freedom of expression and a tolerant nation, but how will this help LGBT people if they don't lobby around their rights within the framework of the vision. More…

botswana's church leaders denounce gay bishop
December 9, 2003: The Anglican Church in Botswana has joined a growing list of African Anglican dioceses that have refused to recognise the consecration of Revd Gene Robinson as Bishop-Coadjutor of the Diocese of New Hampshire in the United States, because of his sexual orientation. Bishop Robinson entered the history books last month when he was consecrated as the first openly gay bishop. More...

unnatural practises law stands
July 2003: In its ruling on the Kanane case, The High Court in Botswana said that, "Gay men and women do not represent a group or class which at this stage has been shown to require protection under the constitution." Therefore the laws that forbid same-sex relations in Botswana, for both men and women, are constitutional and would remain unchanged. This just after the USA Supreme Court ruled the exact opposite, decriminalising same-sex sex in the USA. More...

gay challenges homosexual laws
May 2001: A man who is accused of engaging in homosexuality in Botswana has filed an application in the High Court challenging the country's laws on unnatural sexual liasons More...

botswana president: 'Don't be judgmental on homosexuals
December 2000: President Festus Mogae has urged that the people of his country may soon have to change their strong held views about certain members of the society in order for the nation to effectively stop any future HIV infections. More...

ditshwanelo wins 2000 felipa award.
May 2000: More..

christian council ministers plead for gay tolerance
January 1999: The Johannesburg Daily Mail & Guardian reports an appeal made by the Botswana Christian Council for a relaxation of social and legal prohibitions against homosexuality. More...

legabibo constitution
August 1998: Read the constitution of Botswana's LGBT organisation. More...

newsclippings from botwana papers
Mid 1990s: Various clippings relating to debate on homosexuality in Botswana. More...