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LGBTQ rights and inclusion amid Botswana’s constitutional review process

All Batswana must be included in debate

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Constitutional review interest group meeting in Kasane, Botswana. (Photo by Raymond Kolanyane)

The Botswana courts are among the very few in Southern Africa that has set a trajectory in realizing and protecting LGBTIQ+ rights. 

In 2016, the Botswana Court of Appeal, in the Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) registration case, proclaimed that “members of the gay, lesbian and transgender community, although no doubt a small minority, and unacceptable to some on religious or other grounds, form part of the rich diversity of any nation and are fully entitled in Botswana, as in any other progressive state, to the constitutional protection of their dignity.” This remark would go on to set the tone for queer rights in Botswana and the region. 

The presidential promise of advancing together

Commencing the 2018 16 days of activism against violence on women and children campaign, President Mokgweetsi Masisi acknowledged LGBTIQ+ people as vulnerable a group who continue to face stigma and discrimination in Botswana. He went on to say that they need equal protection under the law. This an authentic statement because they do form part of the rich diverse nation of Botswana. In response, the members of the LGBTQI+ community through an open letter thanked him for his words and encouraged him to live up to his call for protection. In 2019 during his election campaign, the president of Botswana promised Batswana a fair and equal constitutional review process that reflects the voices and concerns of all Batswana — regardless of their social, economic and gender status. This coming at a time when his government was fighting for the recriminalization of LGBTIQ+. This appeal by the State was a push for the continuous exclusion of LGBTIQ+ and denying them their fundamental rights to freedom of expression, liberty, privacy, dignity and protection under law. In its sense, being LGBTIQ+ is a political statement and to fully enjoy the privileges that come with the bill of rights as stipulated in the constitution one needs the backing and pledge of allegiance from the government. 

A constitutional review – a space for all?

In January 2022, President Masisi had promised that the constitutional review process would be inclusive of LGBTIQ+ people. This had given hope and a form of relevance and belonging to the LGBTIQ+ community that finally we were being seen by the highest office in the land.  This presidential promise had encouraged LGBTIQ+ people to practice their fundamental civic duty and contributing to a better and inclusive nation. The constitutional review process commenced at the anticipation of Batswana, but more anticipated was the LGBTIQ+ community. Would this process be inclusive, and progressive and reflect the diversity of Batswana as promised by the president bearing in mind his consistency and failure to live up to his words or were the LGBTIQ+ community once again a pawn in the political game? A December 2022 Afrobarometer report showed that an increasing number Batswana are losing trust in the president’s office. This is followed by the recent controversial reports around the president interfering with the judicial system in the just concluded Bamalete land case. One tends to wonder the legitimacy and question the transparency of the mandate of the Office of the President in ensuring that all Batswana are included and have a fair access to social, economic and legislative practices. In our fight for the realization and promotion of human rights for all, to become true leaders and masters of diversity and inclusion, we must be deliberate and intentional about practicing inclusion from all dimensions.

The bare minimum and reflection of diversity

President Masisi had appointed the Presidential Commission of Inquiry to review Botswana’s Constitution and spearhead this process. In country of 2.4 million people representation matters. The commission of inquiry to tick the gender box have eight females form part of the 19 tasked force team. The rather disappointment that when diversity and representation is addressed, it is only limited to cisgendered male and female. It does not consider the broader gender and sexuality spectrum. Such an essential democratic and civic process needs representation of already marginalized groups, such as young women, people living with disabilities and LGBTIQ+ people. After all, the High Court did state that they [the LGBTIQ+ community] form part of the rich diversity of Botswana. The president, after his promise ensuring inclusion of LGBTIQ+ people in the constitutional review process, made an intentional decision to exclude LGBTIQ+ persons in the commission of enquiry. The Presidential Commission of Inquiry task force had experts from the public workers union, House of Chiefs, Village Development Committee, public health education sector, religious community, advocates for people with disabilities and the attorney general’s office. The setup of the commission contributes to multiple forms of exclusion of sexual and gender minorities; as country that recently decriminalized a group that had been marginalized and vulnerable for decades, the intentional representation of LGBTIQ+ people would have been present in the commission of inquiry.  

The ignorance of considering the law

In 2021, when the Botswana Court of Appeal decriminalized consensual same sex-sexual relations, this saw a landmark change and the continuous, infectious trajectory from the 2016 LEGABIBO registration case. This put another stamp of approval of legitimacy by the courts that human rights indeed are for all. The fundamental rights to expression, liberty, privacy and equal protection under the law are to be enjoyed by LGBTIQ+ people. This was now the law as pronounced by the courts. The process of constitutional review failed to live up the law — to protect and include LGBTIQ+ people. Society and its norms are dynamic and evolutionary and transform as a society and the world change. LGBTIQ+ people mobilized one another and collectively entered a setting that from the onset aimed to exclude them. The constitutional review process setting included the Kgotla setting, which for many queer people and women is already an unwelcoming place filled with patriarchal dominance. Galvanized with religious and traditional fundamentalist the Kgotla platform seemed like a deliberate intention to continue excluding women and queer people. In 2021, women who wore pants were turned away from receiving the COVID-19 vaccinations at the Kgotla spaces. Queer resilience is a powerful thing as this did not discourage LGBTIQ+ people from exercising their democratic rights. LGBTIQ+ showed up and showed cause. If there is one thing to learn from a community who for years have been criminalized and ostracized is that we continue to have hope and that the struggle for true freedom and liberty continues. A luta continua!

The presidential commission of LGBTIQ+ erasure

The commission of inquiry submitted its final report with recommendations to the president for consideration. The report was also made available to the public to engage with. The voices captured and recommendations made caused an outcry from the public, civil society organizations and human rights movements. The report displayed the continuation erasure LGBTIQ+ people and goes against the orders of the courts which are now laws and the utterances of President Masisi. The commission needed to investigate best practices and incorporate these into the recommendations to the president for review. It needed to have identified and differentiated constitutional matters from civic and social matters. The recommendations took little to no human rights-based approach resulting in multiple discriminatory and harmful recommendations that impact various vulnerable and marginalised groups in Botswana. The report was unsafe and lacked inclusive and protective language, this in addition to it already being anti-gender and anti-LGBTIQ+. This goes against the principles and ethics of human rights, body autonomy and doing-no-harm.  

Bradley Fortuin is the LGBTIQ+ Program Officer at the Southern Africa Litigation Center and is social justice activist with over 10 years of experience in program design and strategic management, focusing on developing, implementing, and strengthening LGBTIQ+-led movements. 

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Opinions

The felon in the White House must be stopped

Are there any decent Republican members of Congress left?

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President Donald Trump (Screen capture via White House/YouTube)

We are up shit’s creek if the felon in the White House actually thinks he has a Nobel Peace Prize. If he believes he deserves one, or Venezuelan opposition leader Maria Corina Machado had any other reason to give him hers, than it was easier, and less degrading, than going on her knees to him, as a number of men already have. I don’t know if she understood how many millions the medal could be worth. Instead, she could have used it for her people, if she didn’t want to keep it. 

Machado was awarded the Nobel Prize for her work for the Venezuelan people. She spoke up for them, and fought for them. The felon couldn’t care less about them. He proved that by invading, and then supported Maduro’s vice president as president. He said he, and his fascist cohorts, would run the country, and is now stealing their oil and personally deciding what to do with it. After U.S. troops captured Venezuelan President Nicolás Maduro, Trump said, Venezuelan opposition leader Maria Corina Machado “doesn’t have the support within Venezuela to be its next leader, she was not consulted prior to the operation.” He went on to say, “I think it would be very tough for her to be the leader. She doesn’t have the support within or the respect within the country.” This is the slime bag she gave her Nobel Peace Prize medal to. I hope she is not naïve enough to believe he really cares about her, or her countrymen, and women. 

Trump is vile, sick, and mentally deranged. He is threatening foes and allies alike. They see bending a knee to him only works for the moment, but has no long-term impact on his tiny brain. Today, he is threatening Greenland, and our NATO allies are moving their military to Greenland to protect it against the United States. Now he is threatening them with new tariffs. That would have once been unfathomable. He is saber rattling over Iran, Colombia, even Mexico. He is bombing Nigeria and Syria. 

If that weren’t enough, he threatens to use the Insurrection Act to send the military into cities here. He has already sent in thousands of ICE agents. ICE is classified as a federal law enforcement agency under the Department of Homeland Security. They have authority to arrest, detain, and investigate immigration violations. However, the law is clear; ICE agents do not have unlimited power. They face significant constitutional restrictions that many people don’t realize, especially when it comes to entering homes and private spaces. But what is clear, in Minneapolis today, some of the agents are acting like the Gestapo. They are smashing car windows, pulling people out of their cars, invading homes, and workplaces, all without first having any proof the people they are going after are guilty of anything. I believe we need fair immigration laws, and they should be enforced. But this is clearly not what the felon is doing. The felon in the White House and his incompetent stooge at Homeland Security, Kristi Noem, who has no idea what the hell she is doing, are acting egregiously, and making a mockery of our democracy.  

The president, Noem, Hegseth, Bondi, and the other incompetents in the felon’s Cabinet, simply pretend to forget the history of the United States. They don’t want to accept the truth; we are a nation of immigrants. It is immigrants who built our country, and are still building it. My parents were immigrants escaping from Hitler, and they came here and built a life, and in doing so, added to the greatness of our country. I want every person around the world who needs to escape from dictators, and despots, to be able to do the same as my parents did. We need to build an immigration system that allows them to do that. Instead, because of what this felon is doing, we are seeing American citizens thinking of leaving this country, and looking for asylum in others. That is really sick, but it’s happening.   

Sitting in the Oval Office today we have a felon who is reveling in becoming the war president. He is taking the United States down an incredibly dangerous path, threatening our own citizens with violence here at home, and doing the same to our allies around the world. He, and the incompetents and fascists surrounding him, need to be stopped. If there are any decent Republican members of Congress left, they need to join with Democrats, and the voters, to stop him.


Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.

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The power of no

Pick one priority this year, not 10

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(Photo by Damian Palus/Bigstock)

January arrives with optimism. New year energy. Fresh possibilities. A belief that this could finally be the year things change. And every January, I watch people respond to that optimism the same way. By adding.

More workouts. More structure. More goals. More commitments. More pressure to transform. We add healthier meals. We add more family time. We add more career focus. We add more boundaries. We add more growth. Somewhere along the way, transformation becomes a list instead of a direction.

But what no one talks about enough is this: You can only receive what you actually have space for. You don’t have unlimited energy. You have 100 percent. That’s it.  Not 120. Not 200. Not grind harder and magically find more.

Your body knows this even if your calendar ignores it. Your nervous system knows it even if your ambition doesn’t want to admit it. When you try to pour more into a cup that’s already full, something spills. Usually it’s your peace. Or your consistency. Or your health.

What I’ve learned over time is that most people don’t need more motivation. They need clarity. Not more goals, but priority. Not more opportunity, but discernment.

So this January, instead of asking what you’re going to add, I want to offer something different. What if this year becomes a season of no.

No to things that drain you. No to things that distract you. No to things that look good on paper but don’t feel right in your body. And to make this real, here’s how you actually do it.

Identify your one true priority and protect it

Most people struggle with saying no because they haven’t clearly said yes to anything first. When everything matters, nothing actually does. Pick one priority for this season. Not 10. One.  Once you identify it, everything else gets filtered through that lens. Does this support my priority, or does it compete with it?

Earlier this year, I had two leases in my hands. One for Shaw and one for National Landing in Virginia. From the outside, the move felt obvious. Growth is celebrated. Expansion is rewarded. More locations look like success. But my gut and my nervous system told me I couldn’t do both.

Saying no felt like failure at first. It felt like I was slowing down when I was supposed to be speeding up. But what I was really doing was choosing alignment over optics.

I knew what I was capable of thriving in. I knew my limits. I knew my personal life mattered. My boyfriend mattered. My family mattered. My physical health mattered. My mental health mattered. Looking back now, saying no was one of the best decisions I could have made for myself and for my team.

If something feels forced, rushed, or misaligned, trust that signal. If it’s meant for you, it will come back when the timing is right.

Look inside before you look outside

So many of us are chasing who we think we’re supposed to be— who the city needs us to be. Who social media rewards. Who our resume says we should become next. But clarity doesn’t come from noise. It comes from stillness. Moments of silence. Moments of gratitude. Moments where your nervous system can settle. Your body already knows who you are long before your ego tries to upgrade you.  

One of the most powerful phrases I ever practiced was simple: You are enough.

I said it for years before I believed it. And when I finally did, everything shifted. I stopped chasing growth just to prove something. I stopped adding just to feel worthy.  I could maintain. I could breathe. I could be OK where I was.

Gerard from Baltimore was enough. Anything else I added became extra.

Turning 40 made this clearer than ever. My twenties were about finding myself. My thirties were about proving myself. My forties are about being myself.

I wish I knew then what I know now. I hope the 20 year olds catch it early. I hope the 30 year olds don’t wait as long as I did.

Because the only way to truly say yes to yourself is by saying no first.

Remove more than you add

Before you write your resolutions, try this. If you plan to add three things this year, identify six things you’re willing to remove. Habits. Distractions. Commitments. Energy leaks.

Maybe growth doesn’t look like expansion for you this year. Maybe it looks like focus. Maybe it looks like honoring your limits. January isn’t asking you to become superhuman. It’s asking you to become intentional. And sometimes the most powerful word you can say for your future is no.

With love always, Coach G.


Gerard Burley, also known as Coach G, is founder and CEO of Sweat DC.

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Greenland

The Greenland lesson for LGBTQ people

Playbook is the same for our community and Europeans

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(Photo by Maridav/Bigstock)

I understand my own geopolitical limits and don’t pretend to know how Europeans should respond to U.S. threats to seize Greenland or retaliate against anyone who opposes them. However, as I mentioned in March, it’s clear that for Europeans and LGBTQ+ people alike, hug-and-kiss diplomacy is over.

In practice, that means responding to the U.S. administration’s provocations with dialogue, human‑rights rhetoric, and reasoning may now be counterproductive. It looks weak. At some point, Europeans will have to draw a line and show how bullying allies and breaking international agreements carry a cost — and that the cost is unpredictable. On the surface, they have few options; like LGBTQ+ communities, they are very behind in raw power and took too long to wake up. But they still have leverage, and they can still inflict harm.​

Maybe it is time for them to call the bluff. America has a great deal to lose, not least its reputation and credibility on the world stage. Stephen Miller and Pete Hegseth, with all their bravado, obviously underestimate both the short‑ and long‑term geopolitical price of ridicule. Force the United States to contemplate sending troops into an ally’s territory, and let the consequences play out in international opinion, institutions, and markets.​

In the United States, LGBTQ+ communities have already endured a cascade of humiliations and live under constant threat of more. In 2025 our symbols and heroes were systematically erased or defaced: the USNS Harvey Milk was quietly renamed after a straight war hero, Admiral Rachel Levine’s title and image were scrubbed from official materials, Pride flags were banned from public buildings, World AIDS Day events were defunded or stripped of queer content, the Orlando memorial and other sites of mourning were targeted, the U.S. lead a campaign against LGBTQ+ language at the U.N., and rainbow crosswalks were literally ripped up or painted over. We cannot simply register our distress; we must articulate a response.​

In practice, that means being intentional and focused. We should select a few unmistakable examples: a company that visibly broke faith with us, a vulnerable political figure whose actions demand consequences, and an institution that depends on constituencies that still need us. The tools matter less than the concentration of force — boycotts, shaming, targeted campaigning all qualify — so long as crossing certain lines produces visible, memorable costs.​

A friend suggested we create what he called a “c***t committee.” I liked the discipline it implies: a deliberate, collective decision to carefully select a few targets and follow through. We need a win badly in 2026.

These thoughts are part of a broader reflection on the character of our movement I’d like to explore in the coming months. My friends know that anger and sarcasm carried me for a long time, but eventually delivered diminishing returns. I am incrementally changing these aspects of my character that stand in the way of my goals. The movement is in a similar place: the tactics that served us best are losing effectiveness because the terrain has shifted. The Greenland moment clarifies that we must have a two-pronged approach: building long-term power and, in the short term, punching a few people in the nose.

Fabrice Houdart published this column on his weekly Substack newsletter. The Washington Blade has republished it with his permission.

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