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.
European Union
European Parliament backs EU-wide conversion therapy ban
More than 1.2 million people backed campaign
The European Parliament on Wednesday voted in favor of banning so-called conversion therapy across the European Union.
ACT (Against Conversion Therapy) LGBT in 2024 launched a campaign in support of the ban through the EU’s European Citizens Initiative framework. More than 1.2 million people ultimately signed it.
The proposed ban had the support of 405 MEPs. The European Commission is expected to formally respond to it by May 18.
Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.
Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.
Philippines
Filipino HIV/AIDS group questions US, Philippines health agreement
Country’s epidemic disproportionately impacts MSM, trans people
A new health agreement between the U.S. and the Philippines has raised questions among HIV/AIDS service providers.
A joint declaration signed by the U.S. and the Philippines on April 7 sets out a plan for closer health cooperation, aimed at transitioning the Philippines toward greater autonomy and “self-reliance” in its health systems, according to a State Department statement released.
In practice, “self-reliance” in health systems refers to a country’s ability to fund, manage, and deliver care without heavy dependence on external donors. In the Philippines, programs serving LGBTQ people — particularly those focused on HIV prevention, testing and treatment — have relied in part on international funding and technical support, including from the U.S., according to UNAIDS.
The Philippine Department of Health has led the national response to the pandemic.
The joint declaration of intent was signed under the Trump-Vance administration’s “America First Global Health Strategy.” The State Department said the agreement would involve co-funding of mutually agreed global health objectives under bilateral health cooperation between the U.S. and the Philippines in the near future.
The declaration also outlines areas of cooperation beyond financing: workforce development, health information systems, and emergency preparedness. The State Department said the framework is intended to strengthen coordination between U.S. and Philippine institutions while supporting the Philippines’ capacity to manage public health challenges independently over time. The statement does not specifically address LGBTQ health.
Similar agreements in other regions have drawn scrutiny from LGBTQ advocacy groups.
In Africa, community organizations have warned that a shift from donor-funded, community-led health programs to government-to-government frameworks could affect access for marginalized populations, including LGBTQ people. The Washington Blade found that such changes may reduce reliance on specialized clinics that have historically provided stigma-free care, raising concerns about discrimination, privacy, and continuity of services.
Desi Andrew Ching, president of HIV & AIDS Support House in the Philippines, said the partnership presents a significant opportunity, but added that, like any large-scale international agreement, its success for the LGBTQ community will depend on how it is implemented on the ground.
“On one hand, it’s a positive move. Increased cooperation on health systems can lead to better technical support and potentially more resources for HIV/AIDS prevention and mental health — areas that deeply impact our community,” Ching told the Blade. “If the government and civil society work closely together, we could see some real progress.”
Ching said community concerns often center on where those resources ultimately go. Ching added there is a risk funds could remain within “usual” government-aligned channels or traditional implementers that may not have the trust or reach of grassroots LGBTQ organizations.
The Philippines is facing one of the fastest-growing HIV epidemics in the Asia-Pacific region, with UNAIDS statistics indicating new infections increased by about 543 percent between 2010 and 2023.
The epidemic is concentrated among key populations, particularly men who have sex with men and transgender women who account for a vast majority of new infections. A 2023 analysis found that key populations represented about 92 percent of new HIV cases in the country, underscoring the disproportionate impact on LGBTQ communities. At the same time, stigma, limited access to testing and gaps in healthcare delivery continue to shape outcomes for these groups.
Ching said that for the partnership to be effective, support would need to be closely targeted to reach those most at risk, including individuals who often avoid government facilities because of stigma and fear of judgment.
“If the partnership prioritizes ‘community-led’ monitoring and direct support to local organizations, it will be a game-changer. If it stays at the top tier of administration, we might just see the same results as before,” Ching said.
Community-led organizations have been central to the Philippines’ HIV response, particularly in reaching LGBTQ populations often underserved by formal healthcare systems. UNAIDS notes groups such as LoveYourself have expanded testing and treatment access through community-based clinics and online outreach, including during the COVID-19 pandemic, when movement restrictions limited access to government facilities.
“To be honest, in these high-level agreements, ‘guarantees’ are hard to come by on paper. The real safeguards lie in the mechanics of implementation,” said Ching. “From the community’s perspective, we believe the best way to prevent services from being diluted is through direct involvement in the planning phase. We would like to see the funding groups and government stakeholders sitting at the same table as the community to game out the specific work plans. It should not be a top-down approach; it needs to be co-designed.”
Ching said oversight would be a critical layer of protection, adding that a dedicated point of contact, such as a U.S Agency for International Development technical lead or a similar monitor, would be needed to track how funds are used.
USAID officially shut down on July 1, 2025, after the Trump-Vance administration dismantled it.
Ching added community-led monitoring would also be necessary in addition to government oversight. He said safety and trust cannot be guaranteed by policy alone but must be built through experience, noting that community-led organizations have consistently reached the most marginalized populations.
“Safety and trust aren’t things you can just write into a policy; they have to be built through experience,” Ching said, adding that community-based sites are often seen as more accessible and safer because they are “for us, by us.”
He said the partnership should direct substantial support to grassroots organizations that have demonstrated an ability to overcome stigma, while strengthening coordination with government clinics. The most effective approach, he added, would combine government infrastructure with community-led delivery, allowing trusted local groups to serve as the primary point of access.
’We want a seat at the table’
According to a report by the World Health Organization on the Philippines, prevention efforts account for only about 6 percent of total HIV spending, despite a sharp rise in cases. The report said the gap has been compounded by a recent pause in U.S. funding, which has delayed the development and implementation of prevention programs and community-led responses.
Asked whether community-led LGBTQ organizations would be funded and included in implementation or sidelined under a government-led approach, Ching said that remained the central question for the community, adding that no detailed plan has yet been made public.
“But we have to be realistic about the politics — both within the government and even within civil society — that can sometimes slow things down,” said Ching. “A good baseline to look at is the UNAIDS 30-80-60 targets. These milestones are specifically designed to put community-led responses at the center of the HIV fight. If we’re being honest, as a country, we are still finding our footing in meeting those specific targets. There is a very real risk of being sidelined if the execution defaults to a standard ‘government-only’ approach.”
The UNAIDS set global targets to guide the HIV response, most notably the “95-95-95” goals for 2025.
The framework calls for 95 percent of people living with HIV to know their status, 95 percent of those diagnosed to receive sustained treatment and 95 percent of those on treatment to achieve viral suppression. The targets were designed to reduce transmission and improve health outcomes, while also highlighting gaps in access to testing, treatment, and prevention services.
“We view this new partnership with the U.S. as a chance to course-correct. If the intention is to end AIDS as a public health threat, the data shows it simply cannot be done without the community in the driver’s seat for service delivery,” said Ching. “Our hope is that the implementation isn’t just government-led, but government-enabled. We want a seat at the table not just for the sake of being there, but to ensure the resources are actually hitting the ground where they matter most. We’re looking for a partnership that honors those 2025 milestones by making community-led organizations formal, funded partners in this roadmap.”
Botswana’s government has repealed a provision of its colonial-era penal code that criminalized consensual same-sex sexual relations.
The country’s High Court in 2019 struck down the provision. The Batswana government in 2022 said it would abide by the ruling after country’s Court of Appeals upheld it.
The government on March 26 announced the repeal of the penal code’s “unnatural offenses” section that specifically referenced any person who “has carnal knowledge of any person against the order of nature” and “permits any other person to have carnal knowledge of him or her against the order of nature.”
Lesbians, Gays and Bisexuals of Botswana, a Batswana advocacy group known by the acronym LEGABIBO, challenged the criminalization law with the support of the Southern Africa Litigation Center. LEGABIBO in a statement it posted to its Facebook on April 25 welcomed the repeal.
“For many, these provisions were not just words on paper — they were lived realities,” said LEGABIBO. “They affected access to healthcare, safety, employment, and the freedom to love and exist openly.”
“LEGABIBO believes that the deletion of these sections is a necessary and long-overdue step toward restoring dignity and aligning our legal framework with constitutional values of equality and human rights,” it added. “It is a clear message that LGBTIQ+ persons are not criminals, and that their lives and relationships deserve protection, not punishment.”
LEGABIBO further stressed that “while this does not erase the harm of the past, it creates space for healing, inclusion, and continued progress toward full equality.”
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