From the BBC:
“Botswana decriminalises homosexuality in landmark ruling”
Botswana's High Court has ruled in favour of decriminalising
homosexuality in a landmark decision for campaigners. The court rejected laws that impose up to
seven years in prison for same-sex relationships, stating they were
unconstitutional. The move contrasts
with Kenya's recent ruling against campaigners seeking to overturn laws on gay
sex. "Human dignity is harmed when
minority groups are marginalized," Judge Michael Elburu said. Three judges came to the decision unanimously.
Judge Elburu labelled laws banning gay
sex as "discriminatory" and added: "Sexual orientation is not a
fashion statement. It is an important attribute of one's personality." The law has been in place since 1965 when it
was brought in by the colonial British government. The case was brought to court by a student who
argued society had changed and homosexuality was more widely accepted. Activists welcomed the decision and described
it as a significant step for gay rights on the African continent. Laws
outlawing same sex relations exist in 31 out of 54 African countries, according
to the International Lesbian, Gay, Bisexual, Trans and Intersex Association
(ILGA). Gay sex can be punishable by death in northern Nigeria, Sudan, Somalia
and Mauritania. Tanzanian laws mean homosexuality can result in a life
sentence. Angola, Mozambique and the
Seychelles have all scrapped anti-homosexuality laws in recent years. On 24 May, Kenya's High Court ruled against
overturning a law banning gay sex.
^ Botswana may not have made homosexuality illegal (that was
done when it was a British Colony) but they did keep it on the books for 54
years since their independence. It’s great to see that they have finally joined
the 21st Century and made homosexuality legal. ^
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