The Lesbians Gays and Bisexuals of Botswana (LEGABIBO) has expressed concern at a decision by the government to appeal a High Court ruling that decriminalised same-sex relationships.
LEGABIBO spokesperson Matlhogonolo Samsam said while the group respects and acknowledge the state’s right to appeal any judgment of the High Court with which it is unhappy, it is disappointing that the matter is ‘over-flogged’.
“We have our time to study the grounds of appeal, on behalf of the Batswana LGBTI Community, LEGABIBO wishes to express our deep disappointment that the State continues to invest time and resources on appealing the High Court’s decision” Samsam remarked.
He said instead of appealing the well-reasoned decision by three judges of the High Court, the state should have taken active steps and measures to ensure equal rights and opportunities and that all Batswana are free from all forms of structural stigma and discrimination in all areas of society and our lives.
“This would have been in line with our National Vision 2036, which encourages social inclusion and that “people should be capacitated to have a voice in decisions that affect their lives”. Our National Vision further emphasize that “Batswana will live in full enjoyment of their constitutional guaranteed rights,”’ he added.
Samsam said abiding by the High Court’s decision to decriminalise consensual same-sex sexual acts between adults would therefore have sent a positive message and would have been an important step to demonstrate the government’s commitment towards fulfilling and upholding our shared national vision, aspirations and the broader human rights framework in the constitution.
“LEGABIBO would like to highlight that though the state has taken steps to appeal the High Court’s decision, sections 164, 165 and 167, remain struck down, unconstitutional and as it stands are not part of Botswana’s penal code. This simply means, that consensual same-sex sexual acts between adult persons in private remain decriminalised and continue to be legal in our country,” said Samsam.
KO/as/APA