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.
Senegal
A dozen Senegalese men arrested for ‘unnatural acts’
Popular journalist and musician among those taken into custody
Senegalese police have charged a dozen men with committing “unnatural acts.”
The New York Times reported Pape Cheikh Diallo, a popular television reporter, and Djiby Dramé, a musician, are among the men who authorities arrested. They appeared in court in Dakar, the Senegalese capital, on Monday.
Le Soleil, a Senegalese newspaper, reported authorities arrested the men on Feb. 6 “for intentional transmission of HIV, unnatural acts, criminal conspiracy, and endangering others.” The newspaper further notes the men have been placed in “pre-trial detention.”
Senegal is among the countries in which consensual same-sex sexual relations remain criminalized.
Police in Kaolack, a town that is roughly 135 miles southeast of Dakar, in 2015 arrested 11 people who allegedly engaged in same-sex sexual acts during “a celebration of a gay marriage.” The National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in the country.
Philippines
Philippines Supreme Court rules same-sex couples can co-own property
Advocacy group celebrated landmark decision
The Philippines Supreme Court in a landmark ruling said same-sex couples can co-own property under the country’s Family Code.
The Philippine News Agency on Tuesday notes the court issued its ruling in the case of two women who bought a house in Quezon City, a suburb of Manila, the Filipino capital, before they broke up.
The two women, according to the Philippine News Agency, “agreed to sell the property” after they ended their relationship, “and the registered owner — the respondent — signed a document acknowledging that the other partner paid for half of the purchase and renovations.” The Philippine News Agency notes “the registered owner” later “refused to sell the property and withdrew her earlier acknowledgment of co-ownership, prompting the other partner to file a complaint.”
A Regional Trial Court and the Philippines Court of Appeals ruled against the plaintiff.
The Supreme Court in a 14-page ruling it issued on Feb. 5 overturned the decisions. The Supreme Court published its decision on Tuesday.
“Considering that there is co-ownership between petitioner and respondent, then each co-owner may demand at any time the partition of the thing owned in common, insofar as her share is concerned,” said the Supreme Court in its ruling, according to the Philippine News Agency. “Having rightful interest over the subject property, petitioner has the right to demand the division of the subject property.”
The predominantly Catholic country’s Family Code defines marriage as “a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.” It also states in Article 148 that “in cases of cohabitation” outside of marriage, “only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions.”
“In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal,” it reads.
The BBC reported the Supreme Court ruling states this provision “applies to all forms of co-habitation,” regardless of the couple’s gender. A Supreme Court press release indicates the decision notes lawmakers and the Filipino government “must address same-sex couples’ rights, as courts alone cannot resolve all related policy concerns.”
“This court does not have the monopoly to assure the freedom and rights of homosexual couples,” it reads. “With the political, moral, and cultural questions that surround the issue concerning the rights of same-sex couples, political departments, especially the Congress must be involved to quest for solutions, which balance interests while maintaining fealty to fundamental freedoms.”
LGBT Pilipinas, a Filipino advocacy group, welcomed the ruling.
“This ruling marks a monumental step forward in the legal recognition of LGBTQ+ families and relationships in the country,” it said in a statement.
LGBT Pilipinas added the ruling “lays a crucial legal foundation for broader recognition of same-sex relationships and strengthens the push for comprehensive anti-discrimination protections.”
“This is a win not only for the LGBTQ+ community, but for fairness and justice in Philippine society as a whole,” said the group.
Italy
Olympics Pride House ‘really important for the community’
Italy lags behind other European countries in terms of LGBTQ rights
The four Italian advocacy groups behind the Milan Cortina Winter Olympics’ Pride House hope to use the games to highlight the lack of LGBTQ rights in their country.
Arcigay, CIG Arcigay Milano, Milano Pride, and Pride Sport Milano organized the Pride House that is located in Milan’s MEET Digital Culture Center. The Washington Blade on Feb. 5 interviewed Pride House Project Manager Joseph Naklé.
Naklé in 2020 founded Peacox Basket Milano, Italy’s only LGBTQ basketball team. He also carried the Olympic torch through Milan shortly before he spoke with the Blade. (“Heated Rivalry” stars Hudson Williams and Connor Storrie last month participated in the torch relay in Feltre, a town in Italy’s Veneto region.)
Naklé said the promotion of LGBTQ rights in Italy is “actually our main objective.”
ILGA-Europe in its Rainbow Map 2025 notes same-sex couples lack full marriage rights in Italy, and the country’s hate crimes law does not include sexual orientation or gender identity. Italy does ban discrimination based on sexual orientation in employment, but the country’s nondiscrimination laws do not include gender identity.
ILGA-Europe has made the following recommendations “in order to improve the legal and policy situation of LGBTI people in Italy.”
• Marriage equality for same-sex couples
• Depathologization of trans identities
• Automatic co-parent recognition available for all couples
“We are not really known to be the most openly LGBT-friendly country,” Naklé told the Blade. “That’s why it (Pride House) was really important for the community.”
“We want to use the Olympic games — because there is a big media attention — and we want to use this media attention to raise the voice,” he added.
Naklé noted Pride House will host “talks and roundtables every night” during the games that will focus on a variety of topics that include transgender and nonbinary people in sports and AI. Another will focus on what Naklé described to the Blade as “the importance of political movements now to fight for our rights, especially in places such as Italy or the U.S. where we are going backwards, and not forwards.”
Seven LGBTQ Olympians — Italian swimmer Alex Di Giorgio, Canadian ice dancers Paul Poirier and Kaitlyn Weaver, Canadian figure skater Eric Radford, Spanish figure skater Javier Raya, Scottish ice dancer Lewis Gibson, and Irish field hockey and cricket player Nikki Symmons — are scheduled to participate in Pride House’s Out and Proud event on Feb. 14.
Pride House Los Angeles – West Hollywood representatives are expected to speak at Pride House on Feb. 21.
The event will include a screening of Mariano Furlani’s documentary about Pride House and LGBTQ inclusion in sports. The MiX International LGBTQ+ Film and Queer Culture Festival will screen later this year in Milan. Pride House Los Angeles – West Hollywood is also planning to show the film during the 2028 Summer Olympics.
Naklé also noted Pride House has launched an initiative that allows LGBTQ sports teams to partner with teams whose members are either migrants from African and Islamic countries or people with disabilities.
“The objective is to show that sports is the bridge between these communities,” he said.
Bisexual US skier wins gold
Naklé spoke with the Blade a day before the games opened. The Milan Cortina Winter Olympics will close on Feb. 22.
More than 40 openly LGBTQ athletes are competing in the games.
Breezy Johnson, an American alpine skier who identifies as bisexual, on Sunday won a gold medal in the women’s downhill. Amber Glenn, who identifies as bisexual and pansexual, on the same day helped the U.S. win a gold medal in team figure skating.
Glenn said she received threats on social media after she told reporters during a pre-Olympics press conference that LGBTQ Americans are having a “hard time” with the Trump-Vance administration in the White House. The Associated Press notes Glenn wore a Pride pin on her jacket during Sunday’s medal ceremony.
“I was disappointed because I’ve never had so many people wish me harm before, just for being me and speaking about being decent — human rights and decency,” said Glenn, according to the AP. “So that was really disappointing, and I do think it kind of lowered that excitement for this.”
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