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Botswana attorney general seeks to recriminalize homosexuality

High Court heard case on Oct. 12

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(Public domain photo)

GABORONE, Botswana — On June 11, 2019, Botswana moved toward being a state that no longer held some of its citizens (and, by extension, visitors) as criminals if they identified within the LGBTQ spectrum. However, the government didn’t take too long before it declared its intention to appeal the High Court judgment that asserted that consensual same-sex sexual activity in private was not to be a criminal act.

The appeal hearing took place on Oct. 12.

There are some key things to understand about what the High Court did for people in Botswana. The judgment, written and delivered by Justice Leburu, not only put a clear delineation between the state’s powers to intrude in people’s private sexual lives, but it also stated that laws that served no purpose in the governance of the people they oversaw were most likely worthy of “a museum peg” more than being active laws of the land.

In the hearing on Oct. 9, a full bench of five judges of the Court of Appeal was treated to the government’s case—as presented by advocate Sydney Pilane of the Attorney General’s Chambers—along with hearing the rebuttals from the legal counsel representing Letsweletse Motshidiemang, who brought the original case against the government, and LEGABIBO, an NGO admitted as amicus curiae, a friend of the court. The appeal, two years in the making, would have been expected to be based on facts rather than opinions of what could and could not be accepted by hypothetical Batswana. Pilane even went so far as to contest that President Mokgweetsi Masisi’s utterances about how people in same-sex relationships were “suffering in silence” were taken out of context as he was talking about gender-based violence and not endorsing their relationships.

The 2019 ruling of the High Court, the most supreme court of incidence in the country, not only declared people who were or had interest in engaging in consensual same-sex sexual activity not criminals, but it also allowed non-queer people to engage in sex acts that would otherwise be considered “against the order of nature” freely. The latter clause had often been interpreted as being solely about non-heterosexuals but on greater interrogation one realizes that any sex act that doesn’t result in the creation of a child was considered against this ‘order of nature’ and that nullified much of heterosexual sexual exploration—further painting these clauses as out of touch with contemporary Botswana as Leburu expressed.

In some of his appeal arguments, Pilane stated that Batswana “do not have a problem with gay people”, yet he based his contention on the fact that Batswana “respect the courts’ decisions;” as such they would not take up arms at the court’s decision to decriminalize consensual same-sex sexual activity. Pilane maintained that the decision to decriminalize should be left to the Parliament on the recommendation of the courts. The bench was swift to query whether a body of politicians elected by a majority would be the best representatives of a minority that was oppressed by laws that the very politicians benefitted from.

Botswana’s legal system allows for the High Court ruling to remain the law of the land until such a point as it’s struck down. The Court of Appeal ruling in favor of Batswana’s sexual liberties will be a nail in the proverbial coffin of residual colonial sex-related laws plaguing Botswana. This will not be the end by any means though. Where the attorney general can form a case stating that decriminalizing consensual same-sex relations could be likened to people locking themselves in their houses with animals and having their way with them, we know that mindset changes need to be prioritized to ensure that all Batswana understand their constitutionally protected rights to privacy, expression, and freedom of association as relates to their personal and sexual lives.

The 2010 Employment Act of Botswana already protects people from being discriminated against based on their sex or gender identity. The nation’s sexual violence laws were made gender neutral, thus covering non-consensual sex (rape) in all its possibilities. In upholding the ruling of the High Court, the Court of Appeal will allow the LGBTQ and SOGIESC (sexual orientation, gender identity and expression and sex characteristics) movements in Botswana some respite as attention is then channeled toward other pressing matters such as name changes, access to healthcare, and other culturally pertinent issues.

The Court of Appeal is expected to hand down a judgement following their deliberations in 4-6 weeks (mid to late November), however, this remains at their discretion. As it stands, since the High Court ruling in 2019, Botswana has experienced increased social accommodation for LGBTQ matters and figures—however, this is not to say there have not been any negative instances. With the continued sensitization, the expectation is that the courts, the government and NGO players will all contribute to a broad, national, culturing of LGBTQ rights in Botswana devoid of colonial residues.

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Colombia

Gay Venezuelan opposition leader: Country’s future uncertain after Maduro ouster

Yendri Rodríguez fled to Colombia in 2024 after authorities ‘arbitrarily detained’ him

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Yendri Rodríguez (Photo courtesy of Yendri Rodríguez)

A gay Venezuelan opposition leader who currently lives in Colombia says his country’s future is uncertain in the wake of now former President Nicolás Maduro’s ouster.

The Washington Blade spoke with Yendri Rodríguez on Thursday, 12 days after American forces seized Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation.

Maduro and Flores on Jan. 5 pleaded not guilty to federal drug charges in New York. The Venezuelan National Assembly the day before swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president.

Rodríguez, who lives in the Colombian capital of Bogotá, described the events surrounding Maduro’s ouster as “very confusing.”

“It was a very surprising thing that left me in shock,” Rodríguez told the Blade. “We also thought, at least from the perspective of human rights, that the United States was going to respect international law and not go to the extreme of bombing and extracting Maduro.”

“Other questions also arise,” he added. “What could have been done? What else could have been done to avoid reaching this point? That is the biggest question posed to the international community, to other countries, to the human rights mechanisms we established before Trump violated international law, precisely to preserve these mechanisms and protect the human rights of Venezuelan people and those of us who have been forced to flee.”

Rodríguez three years ago founded the Venezuelan Observatory of LGBTIQ+ Violence. He also worked with Tamara Adrián, a lawyer who in 2015 became the first openly transgender woman elected to the Venezuelan National Assembly, for more than a decade.

Members of Venezuela’s military counterintelligence agency, known by the Spanish acronym DGCIM, on Aug. 3, 2024, “arbitrarily detained” Rodríguez as he was trying to leave the country to attend a U.N. human rights event in Geneva.

Rodríguez told the Blade he was “forcibly disappeared” for nearly nine hours and suffered “psychological torture.” He fled to Colombia upon his release.

Two men on Oct. 14, 2025, shot Rodríguez and Luis Peche Arteaga, a Venezuelan political consultant, as they left a Bogotá building.

The assailants shot Rodríguez eight times, leaving him with a fractured arm and hip. Rodríguez told the Blade he has undergone multiple surgeries and has had to learn how to walk again.

“This recovery has been quite fast, better than we expected, but I still need to finish the healing process for a fractured arm and complete the physical therapy for the hip replacement I had to undergo as a result of these gunshots,” he said.

Yendri Rodríguez in a hospital in Bogotá, Colombia, after two men shot him eight times on Oct. 14, 2025. (Photo courtesy of Yendri Rodríguez)

María Corina Machado, who won the 2025 Nobel Peace Prize, and other Venezuelan opposition leaders said Maduro’s government targeted Rodríguez and Peche. Colombian President Gustavo Petro and his government also condemned the attack.

Colombian authorities have yet to arrest anyone in connection with the attack.

Rodríguez noted to the Blade he couldn’t sleep on Jan. 3 because “of the aches and pains” from the shooting. He said a friend who is “helping me out and looking after my things” was the one who told him about the operation the U.S. carried out to seize Maduro and Flores.

“He said, ‘Look at this! They’re bombing Caracas! And I was like, ‘What is this?'” recalled Rodríguez.

White House ‘not necessarily’ promoting human rights agenda

Rodríguez noted Delcy Rodríguez “is and forms part of the mechanisms of repression” that includes DGCIM and other “repressive state forces that have not only repressed, but also tortured, imprisoned, and disappeared people simply for defending the right to vote in (the) 2024 (election), simply for protesting, simply for accompanying family members.” Yendri Rodríguez told the Blade that “there isn’t much hope that things will change” in Venezuela with Delcy Rodríguez as president.

“Let’s hope that countries and the international community can establish the necessary dialogues, with the necessary intervention and pressure, diplomatically, with this interim government,” said Yendri Rodríguez, who noted hundreds of political prisoners remain in custody.

He told the Blade the Trump-Vance administration does not “not necessarily” have “an agenda committed to human rights. And we’ve seen this in their actions domestically, but also in their dealings with other countries.”

“Our hope is that the rest of the international community, more than the U.S. government, will take action,” said Yendri Rodríguez. “This is a crucial moment to preserve democratic institutions worldwide, to preserve human rights.”

Yendri Rodríguez specifically urged the European Union, Colombia, Brazil, and other Latin American countries “to stop turning a blind eye to what is happening and to establish bridges and channels of communication that guarantee a human rights agenda” and to try “to curb the military advances that the United States may still be considering.”

Colombians protest against U.S. President Donald Trump in Plaza Bolívar in Bogotá, Colombia, on Jan. 7, 2026. (Washington Blade photo by Michael K. Lavers)

Yendri Rodríguez told the Blade he also plans to return to Venezuela when it is safe for him to do so.

“My plan will always be to return to Venezuela, at least when it’s no longer a risk,” he said. “The conditions aren’t right for me to return because this interim government is a continuation of Maduro’s government.”

Editor’s note: International News Editor Michael K. Lavers was on assignment in Bogotá, Colombia, from Jan. 5-10.

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Iran

Grenell: ‘Real hope’ for gay rights in Iran as result of nationwide protests

Former ambassador to Germany claimed he has sneaked ‘gays and lesbians out of’ country

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Former U.S. Ambassador to Germany Richard Grenell at a Senate Judiciary Committee hearing in January 2025. (Washington Blade Photo by Michael Key)

Richard Grenell, the presidential envoy for special missions of the United States, said on X on Tuesday that he has helped “sneak gays and lesbians out of Iran” and is seeing a change in attitudes in the country.

The post, which now has more than 25,000 likes since its uploading, claims that attitudes toward gays and lesbians are shifting amid massive economic protests across the country. 

“For the first time EVER, someone has said ‘I want to wait just a bit,” the former U.S. ambassador to Germany wrote. “There is real hope coming from the inside. I don’t think you can stop this now.”

(Grenell’s post on X)

Grenell has been a longtime supporter of the president.

“Richard Grenell is a fabulous person, A STAR,” Trump posted on Truth Social days before his official appointment to the ambassador role. “He will be someplace, high up! DJT”

Iran, which is experiencing demonstrations across all 31 provinces of the country — including in Tehran, the capital — started as a result of a financial crisis causing the collapse of its national currency. Time magazine credits this uprising after the U.N. re-imposed sanctions in September over the country’s pursuit of nuclear weapons.

As basic necessities like bread, rice, meat, and medical supplies become increasingly unaffordable to the majority of the more than 90 million people living there, citizens took to the streets to push back against Iran’s theocratic regime.

Grenell, who was made president and executive director of the John F. Kennedy Center for the Performing Arts last year by Trump, believes that people in the majority Shiite Muslim country are also beginning to protest human rights abuses.

Iran is among only a handful of countries in which consensual same-sex sexual relations remain punishable by death, according to the Death Penalty Information Center.

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Venezuela

AHF client in Venezuela welcomes Maduro’s ouster

‘This is truly something we’ve been waiting for’ for decades

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(Image by Tindo/Bigstock)

An AIDS Healthcare Foundation client who lives in Venezuela told the Washington Blade he welcomes the ouster of his country’s former president.

The client, who asked the Blade to remain anonymous, on Thursday said he felt “joy” when he heard the news that American forces seized Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation on Jan. 3.

“This is truly something we’ve been waiting for for 26 or 27 years,” the AHF client told the Blade.

Hugo Chávez became Venezuela’s president in 1999. Maduro succeeded him in 2013 after he died.

“I’ve always been in opposition,” said the AHF client, who stressed he was speaking to the Blade in his personal capacity and not as an AHF representative. “I’ve never agreed with the government. When I heard the news, well, you can imagine.”

He added he has “high hopes that this country will truly change, which is what it needed.”

“This means getting rid of this regime, so that American and foreign companies can invest here and Venezuela can become what it used to be, the Venezuela of the past,” he said.

The AHF client lives near the Colombia-Venezuela border. He is among the hundreds of Venezuelans who receive care at AHF’s clinic in Cúcuta, a Colombian city near the Táchira River that marks the border between the two countries.

The Simón Bolívar Bridge on the Colombia-Venezuela border on May 14, 2019. (Washington Blade video by Michael K. Lavers)

The AHF client praised U.S. President Donald Trump and reiterated his support for the Jan. 3 operation. 

“It was the only way that they could go,” he said.

The Venezuelan National Assembly on Jan. 4 swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president. The AHF client with whom the Blade spoke said he is “very optimistic” about Venezuela’s future, even though the regime remains in power. 

“With Maduro leaving, the regime has a certain air about it,” he said. “I think this will be a huge improvement for everyone.”

“We’re watching,” he added. “The actions that the United States government is going to implement regarding Venezuela give us hope that things will change.”

Editor’s note: International News Editor Michael K. Lavers has been on assignment in Colombia since Jan. 5.

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