Botswana’s
Court of Appeal has upheld a ruling that decriminalized same-sex relations, and
it cannot be appealed further, so it becomes settled law.
The court
Monday affirmed a 2019 ruling by the High Court of Botswana, effectively
striking down two sections of the country’s penal code, Reuters reports.
“Those
sections have outlived their usefulness, and serve only to incentivize law
enforcement agents to become keyhole peepers and intruders into the private
space of citizens,” Court of Appeal President Ian Kirby wrote.
Under the
code, same-sex relations could be punished by up to seven years in prison. The
code banned “carnal knowledge of any person against the order of nature” and
“indecent practices between persons,” The law dated from when Botswana was a
British colony, but the nation became independent in 1966.
The nation’s
government had appealed the 2019 ruling, saying attitudes toward homosexuality
hadn’t changed. But the Court of Appeal, which has the final word in such
matters, kept the earlier ruling in place.
LGBTQ+ rights
activists were pleased. “This will forever change the landscape of democracy,
human rights and equality in Botswana. Finally the state will have no business
in what two consenting adults do in their privacy,” Sethunya Mosime, chair of
Lesbians, Gays, and Bisexuals of Botswana, said at the court building. “This
case has tested Botswana democracy and independence of judiciary. We can
strongly say Botswana is a true democracy.”
Caine
Youngman, head of policy and legal advocacy for the group, added that the
ruling may set a useful precedent for other nations in Africa, many of which
still criminalize gay sex. It will “be very useful for other comrades around
the continent of Africa,” he told The Guardian, adding, “I hope it will alleviate
our suffering as the LGBTIQ community.”
Zia Choudhury,
United Nations resident coordinator and representative of the U.N. secretary
general in Botswana, praised the ruling in a tweet.
SOURCE: ADVOCATE
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