World
Botswana attorney general seeks to recriminalize homosexuality
High Court heard case on Oct. 12
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.
Colombia
Gay Venezuelan man who fled to Colombia uncertain about homeland’s future
Heberth Aguirre left Maracaibo in 2018
BOGOTÁ, Colombia — A gay Venezuelan man who has lived in Colombia since 2018 says he feels uncertain about his country’s future after the U.S. seized now former Venezuelan President Nicolás Maduro.
“On one hand I can feel content, but on the other hand I feel very concerned,” Heberth Aguirre told the Washington Blade on Tuesday during an interview at a shopping mall in Bogotá, the Colombian capital.
Aguirre, 35, is from Maracaibo, Venezuela’s second-largest city that is the heart of the country’s oil industry.
He developed cultural and art initiatives for the Zulia State government.
“Little by little, I suddenly became involved in politics because, in a way, you had to be involved,” recalled Aguirre. “It was necessary to be involved because the regime often said so.”
“I basically felt like I was working for the citizens, but with this deeply ingrained rule we had to be on their side, on the side of the Maduro and (former President Hugo) Chávez regime,” he added.
Maduro in 2013 became Venezuela’s president after Chávez died.
“There are things I don’t support about the regime,” Aguirre told the Blade. “There are other things that were nice in theory, but it turned out that they didn’t work when we put them into practice.”
Aguirre noted the Maduro government implemented “a lot of laws.” He also said he and other LGBTQ Venezuelans didn’t “have any kind of guarantee for our lives in general.”
“That also exposed you in a way,” said Aguirre. “You felt somewhat protected by working with them (the government), but it wasn’t entirely true.”
Aguirre, 35, studied graphic design at the University of Zulia in Maracaibo. He said he eventually withdrew after soldiers, members of Venezuela’s Bolivarian National Guard, and police officers opened fire on students.
“That happened many times, to the point where I said I couldn’t keep risking my life,” Aguirre told the Blade. “It hurt me to see what was happening, and it hurt me to have lost my place at the university.”
Venezuela’s economic crisis and increased insecurity prompted Aguirre to leave the country in 2018. He entered Colombia at the Simón Bolívar Bridge near the city of Cúcuta in the country’s Norte de Santander Province.
“If you thought differently, they (the Venezuelan government) would come after you or make you disappear, and nobody would do anything about it,” said Aguirre in response to the Blade’s question about why he left Venezuela.
The Simón Bolívar Bridge on the Colombia-Venezuela border on May 14, 2019. (Washington Blade video by Michael K. Lavers)
Aguirre spoke with the Blade three days after American forces seized Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation.
The Venezuelan National Assembly on Sunday swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president. Maduro and Flores on Monday pleaded not guilty to federal drug charges in New York.
President Donald Trump on Tuesday in a Truth Social post said Venezuela’s interim authorities “will be turning over between 30 and 50 million barrels of high quality, sanctioned oil, to the United States of America.”
“This oil will be sold at its market price, and that money will be controlled by me, as president of the United States of America, to ensure it is used to benefit the people of Venezuela and the United States,” wrote Trump.
Trump on Sunday suggested the U.S. will target Colombian President Gustavo, a former Bogotá mayor and senator who was once a member of the M-19 guerrilla movement that disbanded in the 1990s.
Petro has urged Colombians to take to the streets on Wednesday and “defend national sovereignty.” Claudia López, a former senator who would become the country’s first female and first lesbian president if she wins Colombia’s presidential election that will take place later this year, is among those who criticized Trump’s comments.
“Let’s be clear: Trump doesn’t care about the humanitarian aspect,” said Aguirre when the Blade asked him about Trump. “We can’t portray him as Venezuela’s savior.”
Meanwhile, Aguirre said his relatives in Maracaibo remain afraid of what will happen in the wake of Maduro’s ouster.
“My family is honestly keeping quiet,” he said. “They don’t post anything online. They don’t go out to participate in marches or celebrations.”
“Imagine them being at the epicenter, in the eye of the hurricane,” added Aguirre. “They are right in the middle of all the problems, so it’s perfectly understandable that they don’t want to say anything.”
‘I never in my life thought I would have to emigrate’
Aguirre has built a new life in Bogotá.
He founded Mesa Distrital LGBTIQ+ de Jóvenes y Estudiantes, a group that works with migrants from Venezuela and other countries and internally placed Colombians, during the COVID-19 pandemic. Aguirre told the Blade he launched the group “with the need to contribute to the general population, not just in Colombia.”
Aguirre met his husband, an American from California, at a Bogotá church in December 2020 during a Christmas event that SDA Kinship Colombia, an LGBTQ group, organized. A Utah judge virtually officiated their wedding on July 12, 2024.
“I love Colombia, I love Bogotá,” said Aguirre. “I love everything I’ve experienced because I feel it has helped me grow.”
He once again stressed he does not know what a post-Maduro Venezuela will look like.
“As a Venezuelan, I experienced the wonders of that country,” said Aguirre. “I never in my life thought I would have to emigrate.”
The Colombian government’s Permiso por Protección Temporal program allows Aguirre and other Venezuelans who have sought refuge in Colombia to live in the country for up to 10 years. Aguirre reiterated his love for Colombia, but he told the Blade that he would like to return to Venezuela and help rebuild the country.
“I wish this would be over in five years, that we could return to our country, that we could go back and even return with more skills acquired abroad,” Aguirre told the Blade. “Many of us received training. Many of us studied a lot. We connected with organizations that formed networks, which enriched us as individuals and as professionals.”
“Returning would be wonderful,” he added. “What we’ve built abroad will almost certainly serve to enrich the country.”
Colombia
Claudia López criticizes Trump over threats against Colombian president
Presidential candidate would become country’s first lesbian head of government
BOGOTÁ, Colombia — Colombian presidential candidate Claudia López has criticized President Donald Trump after he suggested the U.S. will target Colombian President Gustavo Petro.
“Colombia is very sick, too, run by a sick man, who likes making cocaine and selling it to the United States, and he’s not going to be doing it very long,” Trump told reporters on Air Force One on Sunday.
Trump made the comments a day after American forces carried out an overnight operation and seized now former Venezuelan President Nicolás Maduro and wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.
Maduro and Flores on Monday pleaded not guilty to federal drug charges in New York.
Petro is a former Bogotá mayor and senator who was once a member of the M-19 guerrilla movement that disbanded in the 1990s. He has urged Colombians to take to the streets and “defend national sovereignty.”
“Colombians are the ones who decide who governs Colombia,” said López on her X account. “President Gustavo Petro won free elections and has a constitutional mandate.”
López did not mention Trump by name in her comment.
The first-round of Colombia’s presidential election will take place on May 31. The country’s 1991 constitution prevents Petro from seeking re-election.
López in 2019 became the first woman and first lesbian elected mayor of Bogotá, the Colombian capital and the country’s largest city. She took office on Jan. 1, 2020, less than a month after she married her wife, Colombian Sen. Angélica Lozano.
“This year we will decide at the polls what direction (the country) is heading and what leadership will advance Colombia,” said López in her X post. “Supporting soft dictatorships and attacking democracies is an absurd and unacceptable political action by the United States towards Colombia, Venezuela, and Latin America.”
Quién gobierna en Colombia lo decidimos los colombianos.
El presidente @petrogustavo ganó unas elecciones libres y tiene un mandato constitucional. Este año decidiremos en las urnas qué rumbo y a cargo de qué liderazgo avanza Colombia.
Sostener dictablandas y atacar democracias… https://t.co/K61G2QUcck— Claudia López Hernández (@ClaudiaLopez) January 5, 2026
López would be Colombia’s first female president if she wins the election. López would also become the third openly lesbian woman elected head of government — Jóhanna Sigurðardóttir was Iceland’s prime minister from 2009-2013 and Ana Brnabić was Serbia’s prime minister from 2017-2024.
The LGBTQ+ Victory Institute in 2024 honored López at its annual International LGBTQ Leaders Conference in D.C. The Washington Blade interviewed her during the gathering.
Colombia
Blade travels to Colombia after U.S. forces seize Maduro in Venezuela
Former Venezuelan president, wife seized on Saturday
Washington Blade International News Editor Michael K. Lavers will be on assignment in Colombia through Jan. 10.
Lavers arrived in Bogotá, the Colombian capital, on Monday. American forces two days earlier carried out an overnight operation and seized now former Venezuelan President Nicolás Maduro and wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.
Maduro and Flores on Monday pled not guilty to federal drug charges in New York.
Maduro in 2013 became Venezuela’s president after his predecessor, Hugo Chávez, died.
The country’s ongoing economic and political crises have prompted millions of Venezuelans to flee to neighboring Colombia and other countries throughout Latin America and around the world. The seizure of Maduro and Flores threatens to further destabilize Venezuela and the broader region.
The Washington Blade, which has reported from Colombia several times over the last decade, has interviewed several LGBTQ Venezuelan opposition leaders. The Blade has also extensively covered the plight of LGBTQ Venezuelans and Venezuelans with HIV/AIDS who have left their country because of violence, persecution, discrimination, and a lack of medications.
“LGBTQ Venezuelans in Colombia and elsewhere have a unique perspective on the events that have transpired in their homeland over the last two days, and how they continue to reverberate throughout the hemisphere,” said Lavers. “It is critically important for the Washington Blade to document the situation in the region as it continues to evolve and to show how it will impact LGBTQ communities.”
“The Blade has a long history of covering the plight of LGBTQ communities around the world and this trip reflects our commitment to the region,” said Blade Editor Kevin Naff. “This reporting will help shine a light on the challenges facing LGBTQ Venezuelans and those living with HIV and how they are coping with the unfolding events.”
Lavers last reported from Colombia in 2021. His coverage included a trip to Cúcuta, a Colombian city that is on the country’s border with Venezuela.
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