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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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Hong Kong activist dismisses calls to boycott Gay Games

WTA suspended China tournaments after tennis player disappeared

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Hong Kong Marriage Equality Co-founder Gigi Chao (Photo courtesy of OutRight Action International)

An LGBTQ activist in Hong Kong on Tuesday dismissed calls to boycott the 2023 Gay Games over China’s human rights record.

“In Hong Kong, the team behind Gay Games has really worked tirelessly to bring it to Hong Kong and it will be a very good opportunity to showcase diversity and people working together and the human spirit at its best,” Gigi Chao told the Washington Blade during a telephone interview from Hong Kong. “So, if it all gets rather political and if you twist the sentiments of what they want China to be, it will just really not work.”

Chao is the co-founder of Hong Kong Marriage Equality, a group that seeks to extend marriage rights to same-sex couples in the former British colony. Chao also founded the Faith in Love Foundation, a group that seeks to increase awareness of LGBTQ issues in Hong Kong.  

Chao is a member of the OutRight Action International board of directors. Chao is slated to speak in the group’s annual summit that will take place virtually this week.

“All eyes are peeled on the events of next year: The Beijing Olympics, the relationship between Beijing and the U.S. as relationships either improve or sour over the course of the next 12 months and also trade and the global economic situation … it’s not a rosy picture by all means,” Chao told the Blade. “Everybody is bracing for the worst in terms of how the world recovers from COVID, but LGBTIQ rights continue.”

Chao said Dennis Philipse, a Hong Kong resident who co-chairs Gay Games Hong Kong, and his colleagues “want the Gay Games to be a celebration of the human spirit in terms of sport.”

“In Hong Kong, there’s certainly no shortage of people engaged in sport and enjoying sports,” said Chao.

Gay Games Hong Kong in September announced the postponement of the quadrennial event until 2023 because of the pandemic. The Federation of Gay Games, which oversees the Gay Games, awarded the games to Hong Kong over D.C. and Guadalajara, Mexico.

Hong Kong was a British colony until China regained control of it in 1997.

Upwards of 2 million people took part in pro-democracy protests that took place in Hong Kong in 2019.

Hong Kong’s National Security Law, which, according to human rights activists, makes it easier for authorities to punish anyone who challenges the Chinese government, took effect in 2020. Hong Kong Chief Executive Carrie Lam, who is closely aligned with the Chinese government, supports the statute.

The Women’s Tennis Association last week announced the suspension of tournaments in Hong Kong and throughout China in response to the disappearance of Peng Shuai, a Chinese tennis star, after she publicly accused former Vice Premier Zhang Gaoli of sexual assault. The Biden administration on Monday announced a diplomatic boycott of the 2022 Winter Olympics that are slated to take place in Beijing in February.

“The Federation of Gay Games continues to monitor the situation in Hong Kong regarding COVID-19, the National Security Law and all other aspects that affect the safety and security of our event,” Sean Fitzgerald, co-president of the Federation of Gay Games, told the Blade in a statement after the Women’s Tennis Association announced it had suspended all of its tournaments in China. “We are committed to hosting Gay Games 11 in Hong Kong in November 2023.”

Chao acknowledged Gay Games organizers are “facing a lot of opposition from all directions.” Chao also noted Hong Kong’s government is “not actually positively promoting it.”

“If we can get really high-profile athletes to participate, I think that’s going to be a huge call for everybody to participate,” said Chao.

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World

Canadian Senate approves bill to ban conversion therapy

Measure will become law once it receives royal assent

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health disparities, gay news, Washington Blade
(Public domain photo)

The Canadian Senate on Tuesday approved a bill that would ban so-called conversion therapy in the country.

Attorney General David Lametti and Women and Gender Equality and Youth Minister Marci Ien last week introduced the measure that would amend Canada’s Criminal Code to ban the widely discredited practice. The Canadian House of Commons on Dec. 1 unanimously approved the bill.

“Our government’s legislation to ban conversion therapy in Canada is one step closer to becoming law,” tweeted Prime Minister Justin Trudeau on Tuesday. “To everyone who has made this possible, thank you. Let’s keep building a country where everyone is free to be who they are and love who they love.”

Lametti in his own tweet noted the bill will become law once it receives royal assent.

Canada would join Malta and a handful of countries that ban conversion therapy once the law takes effect.

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Chile marriage equality bill receives final approval

South American country legalized civil unions in 2015

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Chile, gay news, Washington Blade
(Washington Blade photo by Michael K. Lavers)

A bill that will extend marriage rights to same-sex couples in Chile received final approval on Tuesday.

The Chilean Senate and the Chilean House of Representatives approved the marriage equality bill that passed in the lower house of the country’s Congress on Nov. 23. That vote took place two days after the first round of the country’s presidential election took place.

A final vote on the bill was expected to have taken place last week, but senators unexpectedly opposed it.

A commission with members of both houses of the Chilean congress approved the bill on Monday.

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