LGBTQ rights in Botswana
LGBTQ rights in Botswana | |
|---|---|
| Legal status | Legal since 2019 |
| Gender identity | Transgender people are allowed to change legal gender without sex reassignment surgery or hormone therapy |
| Military | Allowed to serve openly |
| Discrimination protections | Constitutional protections for sexual orientation |
| Family rights | |
| Recognition of relationships | No |
| Adoption | No |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Botswana face legal issues not experienced by non-LGBTQ citizens. Both female and male same-sex sexual acts have been legal in Botswana since 11 June 2019 after a unanimous ruling by the High Court of Botswana. Despite an appeal by the Attorney-General, the ruling was upheld by the Botswana Court of Appeal on 29 November 2021.
In recent years, the LGBTQ community has become more visible and accepted among Botswana's population. The Botswana High Court has been at the forefront of LGBTQ rights in the country. In 2016, it ordered the Government to register Botswana's main LGBTQ organisation, LEGABIBO, and in 2017 it ruled that transgender people have a constitutional right to change their legal gender. In 2019, it struck down colonial-era laws banning homosexuality, and ruled that "sex", as defined in Section 3 of the Botswana Constitution, should be "generously and purposively interpreted" to include sexual orientation. Employment discrimination on the basis of sexual orientation has been banned since 2010 in Botswana, making it one of the few African countries to have such protections for LGBTQ people.
LEGABIBO is the country's main LGBTQ advocacy group, and promotes awareness and acceptance of LGBTQ people.