One step back in lawsuit against Botswana sodomy law

Image via Wikipedia

Source: Botswana Gazette

By Isaac Pheko

The controversial case in which Caine Youngman is suing the government over anti-sodomy laws has been withdrawn to strategise and consult with stakeholders.

Youngman and the Lesbians, Gays and Bisexuals of Botswana (LeGaBibo) want to collect additional evidence in their challenge of Section 164 of the Botswana Penal Code which criminalizes sexual conduct between adults of the same gender.

Youngman with the support of LeGaBibo wants Section 164 declared unconstitutional, and repealed on the grounds that it discriminates against persons on the basis of their sexual orientation.

An attorney representing Youngman, Monica Tabengwa, said that the law is a legacy of British colonialism and has since been de-criminalized in Britain. She was speaking at a press briefing in Gaborone on Monday to announce the withdrawal of the case.

“This case has attracted a lot of publicity and interest locally and internationally. Good things have emerged from this goodwill, “she said. Tabengwa explained that there were people willing to offer legal assistance and supporting the case by deposing affidavits to show that Batswana are ready.

“We are proud to announce that our lead counsel in this matter going forward is Advocate Marcus Gilbert, a SA advocate with years of experience in public interest in litigation,” she said.

Tabengwa explained that Gilbert was lead counsel in the case of the South African Coalition of Gays and Lesbians seeking to enforce constitutionally guaranteed rights over a statute that was clearly in contradiction, “she said.

She stressed that countries like Lesotho and Swaziland are observing Botswana to see the outcome of the case.

“We know Malawi is violating people’s rights based on their sexual orientation. If we lose, they will go ahead with their violations,” she said

One of the lawyers representing Youngman, Uyapo Ndadi, said that it is important to get support from Batswana; even some parliamentarians and opinion leaders have wished them well with the case.

“We are not giving up on the case. We are only retreating to bounce back in a more solid way,” he said.

Past newspaper reports have stated that in 2005 LeGaBibo attempted to register their association with the registrar of companies but their application was turned down, on the grounds that the Republican constitution does not recognize homosexuals.

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In tiny Lesotho, signs of progress on LGBT human rights

Via Behind The Mask

Lesotho is a landlocked country and enclave, surrounded by the Republic of South Africa, a constitutional monarchy with a population of 1.88 million people.

Lesotho’s Matrix Support Group, which specialises on LGBTI issues, is in the process of setting up a debate with the government of that country on the issue of homosexuality.

The president of the Matrix Support Group, Sherif Mothopeng, met last week with a senior government official to discuss the issues affecting LGBT people of Lesotho with the aim of sensitizing the government on the issues.

After the meeting, Mothopeng said the government official promised the Matrix that a debate would be organised with the aim to find out people`s opinion on the matter. The Justice Ministry has now organised a first seminar 30 August.

Matrix was established in 2008 March when a group of ten gay friends came together and formed what was known as the ‘discussion group’.

The group was registered as a Non-Profit Organisation by the Lesotho Law Office last November. Delegates attending the Lesotho Council of Non-Governmental Organisations (LCN) annual general conference last year clashed over the association’s decision to help Matrix. LCN had been brought in as a technical partner when Matrix received some funds from the United Nations Development Programme (UNDP).

UNDP has identified LGBT in Lesotho as at very high risk of HIV infection, in one study it found a self-reported HIV prevalence of 11.6% among a relatively young sample of MSM (men who have sex with men). Lesotho has one of the highest HIV prevalence rates in the world, 25% of the adult population is estimated to be HIV+.

In May this year the principal secretary in Lesotho’s Ministry of Justice and Human Rights, Retslistsoe Maasenyetse, indicated that the government was studying the matter of homosexuality.

After his meeting with the government, Mothopeng said,:

“The government wants to get a clear picture about homosexuality and what we want them to do as human rights unit so we can get support in sensitizing the general community.”

Like many African countries Lesotho does not recognize homosexuals and has over the years appeared to cling to the myth that homosexuality is UnAfrican under cover of adherence to Basotho traditions and culture.

As a result, the voice of Lesotho’s gays and lesbians has been silenced for many years.

“We just need to have an open debate with the society that is with key speakers such as traditionalists, clergies all aspects and some professors from University,” said Mothopeng.

Africa's writers stand up for LGBT

Wole Soyinka image via Wikipedia

A growing group of prominent African and diaspora writers have written jointly that "[Africa's] opinions of homosexuality must change for the better, just as our opinion of slavery has changed."

The signatories includes Wole Soyinka the Nigerian Nobel laureate for literature, and writers from Kenya, Uganda, Lesotho, South Africa, Zimbabwe, and Botswana as well as African academics in the US, Canada and UK.

The letter reads:

We the undersigned condemn in the strongest possible terms the murder of Mr David Kato, the Ugandan gay rights campaigner. We wish to state emphatically that homosexuality is neither a sin nor a social or cultural construct. It is a biological given. Homosexuals are human beings like everybody else. Scientific research has been helpful in clearing the fog of ignorance entrenched by some religious texts in regards to homosexuality. Our opinions of homosexuality must change for the better, just as our opinion of slavery has changed, even though it was endorsed by those same religious texts. All violence against gays and people deemed to be gay in Africa must cease forthwith.

We call on the government of Uganda to find and prosecute all those involved in the murder of Mr Kato, including the newspaper that called for the hanging of gays. We also call on African governments to learn from the South African example by expunging from their laws all provisions that criminalise homosexuality or treat homosexuals as unworthy of the same rights and entitlements as other citizens. African states must protect the rights of their citizens to freedom and dignity. Homosexuals must not be denied these rights.

• The full list of signatories is published by The Guardian.

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