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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 ā€œmembers 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.ā€ 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 ā€” 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 ā€“ a space for all?

In January 2022, President Masisi hadĀ promisedĀ 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.Ā Ā 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 2022Ā Afrobarometer reportĀ showed that an increasing number Batswana are losing trust in the presidentā€™s office. This is followed by the recent controversial reports around the president interfering with theĀ judicial systemĀ in the just concludedĀ 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 hadĀ appointedĀ the Presidential Commission of Inquiry to review Botswanaā€™s Constitution and spearhead this process. In country ofĀ 2.4 millionĀ 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 InquiryĀ task forceĀ 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 generalā€™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.Ā Ā 

The ignorance of considering the law

In 2021, when the Botswana Court of AppealĀ 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 ā€” 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 theĀ KgotlaĀ setting, which for many queer people and women is already an unwelcoming place filled with patriarchal dominance. Galvanized with religious and traditional fundamentalist theĀ KgotlaĀ platform seemed like a deliberate intention to continue excluding women and queer people. In 2021,Ā women who wore pants were turned awayĀ from receiving the COVID-19 vaccinations at theĀ KgotlaĀ spaces. Queer resilience is a powerful thing as this did not discourage LGBTIQ+ people from exercising their democratic rights.Ā LGBTIQ+ showed upĀ 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.Ā A luta continua!

The presidential commission of LGBTIQ+ erasure

The commission of inquiry submitted its finalĀ reportĀ 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 ofĀ 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.Ā Ā 

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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Successful open relationships take effort

We have options as couples but they all require work

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Jake Stewart

(Editorā€™s note: This is the second of a two-part feature on open relationships. Click here for last weekā€™s installment.)

Open relationships are often ridiculed as the easy way out of commitment. After speaking with Scott and Kelsey, however, itā€™s clear theyā€™re anything but easy. 

Kelsey reflected on the ups and downs of being open in the past. ā€œYounger me definitely needed it,ā€ Kelsey said. ā€œAt the same time, drama came with it as well.ā€

While Scott and their partner have been together for nine years, it took four before they decided to open their relationship. ā€œIt came from the desire for the two of us to meet boys together,ā€ said Scott. ā€œThen we had some really terrible threesomes.ā€ 

Drama. Bad threesomes. Yikes ā€“ these arenā€™t exactly selling points for being open. But their experiences underscore something important: open relationships, like all relationships, are actually quite hard. Couples considering openness shouldnā€™t trick themselves into thinking it will make things easier. In reality, they take a lot of work. 

For Scott, those really terrible threesomes led them to opening up further, but with established boundaries. ā€œWe came up with ground rules. Use protection. No spending the night at somebodyā€™s house, etc.ā€  

Since Scott and their partner are happy in their relationship, these rules seem to work even if theyā€™ve shifted over time. ā€œBeing in an open relationship comes down to being really good at communicating with your partner,ā€ they added. ā€œItā€™s about communicating and checking in to see where your partner is.ā€

Open relationships should be for the right reasons 

As open relationships began taking off, observers were skeptical for good reason. ā€œIn the past, people were just cheating,ā€ said Kelsey. Another comment from Scott echoed this. ā€œIā€™ve seen open relationships and it felt like one partner was being taken advantage of by the other.ā€ 

It turns out there is a fine line between sexual exploration and free passes. While some open relationships walk that line well, others ā€“ not so much.  

In all fairness, now more than ever itā€™s difficult to remain monogamous, and one culprit is the rise of accessible hookup culture via social media. Apps like Tinder, Grindr, and dare I say Instagram are facilitating secret sexual connections never seen before. They ushered in a new era of cheating into relationships, alongside a bit of excessive stalking as well. 

So, to avoid an atmosphere of mistrust and pain, a natural evolution for couples is to change the rules altogether. Cheating canā€™t be cheating if itā€™s allowed, right?

However, once it is allowed, I wondered why these people donā€™t cut the strings altogether and be single. In response, Chad made an interesting point: people arenā€™t just afraid of being cheated on ā€“ theyā€™re afraid of the appearance of being single as well. We live in flashy times where our online image means everything. The dream is not necessarily having a partner, but showing the world you have a partner. Without that, you otherwise appear lonely. 

So, do open relationships ease the pain of cheating and perceived loneliness? As a proud lone wolf Iā€™m not the best person to assess, but based on my observations I can say this: being open works for some couples, but by no means is it a fast pass to being happy. Understanding why you want one is just as important as discovering how to make one work. 

With all this said, the undeniable risk ā€“ and perhaps downside ā€“ of a monogamous coupling is the higher chance of cheating outright. Unfortunately, thatā€™s something Chad knows all too well. 

Preferring monogamy is still OK

Chad had dated someone for two years before they married for five. Then, just over a year into the pandemic, his husband informed him he was dating someone else. They separated a few days later. 

For Chad this was painful, as it is for anyone, gay or straight, whoā€™s gone through something similar. But when I asked him if this experience shaped his outlook on what heā€™s looking for, his response came as a bit of a surprise: 

ā€œIt has not changed my view for or against open relationships,ā€ he said. ā€œI learned a lot in my marriage. It takes a lot of love, trust, and communication, which at times can feel like work. It also takes two; one canā€™t carry the relationship. I want to date someone who wants to be in a relationship with me.ā€ 

My heart swells hearing that, for even after experiencing the deepest kind of hurt, Chad searches for his one and only. Why? Because for him, the love heā€™s looking for is worth the wait. Itā€™s a beautiful sentiment that makes so-called hopeless romanticism the raddest feeling in the world sometimes. 

More importantly, Chad doesnā€™t let fear alter his view on love, and to me thatā€™s the most important lesson of this article. Love always comes with risks, and lowering your standards to reduce them never really pans out, does it? The best we can do is to be ourselves. 

By the way, this is a lesson I should also apply. My main hesitation toward an open relationship is that Iā€™m a jealous bitch, and I fear that jealousy will never go away. Yet this can be hard to admit when everyone around you is propping up a culture where open is supreme and jealousy is immature. 

When I brought this up to Kelsey, she pushed back with a simple question: ā€œDo you think jealousy is a bad thing?ā€ 

This caught me off guard. ā€œIā€™m not sure,ā€ I replied. ā€œDo you?ā€ 

ā€œJealousy is a natural, human emotion,ā€ she said. ā€œItā€™s what you do with it that matters.ā€ 

So, maybe my goal is not to suppress my jealousy but rather be upfront about it. If itā€™s part of me, I should own it, then ideally find someone who loves me regardless.  

Changing your mind is OK, too

In gay man speak, I was a top for my first seven years before I embraced bottoming. For some, theyā€™d be shocked to hear it. Yet maybe no one should be surprised, for as we all know sexuality is fluid, and this applies to more than just your orientation. Your sexual preferences can shift over time, too, and this will inevitably affect your relationships. 

This was the case for Scott and their partner. ā€œWhen we first started dating, we did not want to be open,ā€ they mentioned, ā€œbut as our relationship grew, we decided to reevaluate that.ā€ Meanwhile, Kelsey went the opposite direction ā€“ she was open back in the day but chooses to be closed now. 

Even Chad remains open to being open. ā€œIā€™m not opposed to an open relationship, but I feel like it would take more work. I just donā€™t see myself starting a relationship open. The first few years there is a lot of learning about each other.ā€ 

In a world of shifting preferences, the best we can do is reflect on what we want and be honest about it. Life is a process of discovering who we are, and damn is it messy. So, perhaps I should cut some slack to the couple trying things out. And perhaps they can cut me slack for not understanding their rules. 

For the couples: remember, a solid relationship is not only about meeting the needs of your partner, because your needs matter, too. The best relationships, open or closed, strive to find that balance. 

For those still searching: remember that love is more than just that thing, that connection, that spark. In fact, love is so complex that the ā€œsparkā€ is just one of many factors, alongside timing and how you want to be loved, that come together and form an imprint as unique and special as the person you want to be with.

In this sense, open and closed relationships arenā€™t diametrically opposed but rather complimentary, a sort of yin and yang where both become better because the other option exists. Today, we have options as couples, and thatā€™s significantly better than abiding by rules because we assume thatā€™s how it must be.

And that feels right. Because regardless of whether youā€™re more a Chad or a Scott, the truth is: I feel lucky to have both.  

(Writerā€™s note: A big thank you you to Chad, Scott, and Kelsey for allowing me to share their stories.)

Jake Stewart is a D.C.-based writer and barback.

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Fact: The next president will be Biden or Trump

One candidate is clearly better for the future of the world

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(Washington Blade file photos by Michael Key)

Like it or not, the next president will be either Joe Biden or Donald Trump. In our system, third-party candidates are simply spoilers, they donā€™t win. The last time a third-party candidate won was 1856. It has been 36 years since a third-party candidate even got more than 5% of the vote. So, itā€™s time to face reality and choose; for your future, do you want Biden or Trump? 

I was prompted to write this column because I see the media interviewing young people about who they want as their president. I have great respect for the young people of today. In many ways, they are smarter than my generation was. But itā€™s clear, some donā€™t fully understand the presidential election process. I hear many complain about Biden, and then follow that up and say they will never vote for Trump. Some then say they will vote for a third-party candidate. They need to understand their third-party candidate will not win, but their vote could help elect Trump. I hate to say it, but in 2024, voting for a third-party candidate is the equivalent to flushing your ballot down the toilet. 

I am an unabashed Biden supporter. I see the great things he has done, including: getting us through the fallout from the pandemic, passing an infrastructure bill, forgiving billions in student loans, ensuring our economy is the best in the world with more than 13 million jobs created, and increasing wages. He supports unions, being the first president to walk a picket line with the UAW. His administration is working to deal with climate change. He is fighting for a womanā€™s right to control her own body and healthcare, and supports full equality for the LGBTQ community. In this dangerous world he has kept our troops out of war.

Then there is Trump. To be clear; I see him as a racist, sexist, misogynistic, homophobic, pig. OK, so maybe I donā€™t have strong feelings about him. Trump has been found liable for sexual assault and has been indicted on 91 counts. He proudly claims credit for having taken away control of their body and healthcare from women, when the justices he appointed ended Roe v. Wade. He supports states making decisions on abortion, and we see what recently happened in Arizona. He is a climate change denier and is opposed to wind and solar power. He wants to give more tax deductions to the rich and to corporations, while opposing any increase in the minimum wage. He opposes equality for the LGBTQ community, refusing to endorse the Equality Act. He opposes student debt relief.

You may see these candidates differently, and that is OK. But if you like one more than the other, fear one more than the other, or just arenā€™t enamored by either, you must still make a choice and vote for one of them. Staying home is abrogating your civic responsibility, and especially if you would never vote for Trump, understand your staying home helps him. 

Young voters, like all voters, should take the time to do the research on both candidates. Then match what you find as close as possible to what you want to see as your future. If you want student loan relief, equality for the LGBTQ community, women having control of their body and healthcare, equal pay for women, efforts to ameliorate the impact of climate change, then clearly Trump is not your candidate. 

I hear some young people say they wonā€™t vote for Biden because of his positions on the Israel/Hamas war. I, too, have called for Israel to recalibrate how they fight this war. But I ask you to look again at Trumpā€™s history of attachment to Netanyahu, even going so far as relocating the U.S. embassy to Jerusalem. If you want a chance for the Palestinian people to live in peace and prosperity, for Israel to remove their settlements from the West Bank, your chance of having that happen is clearly better with Biden than Trump. Donā€™t let your emotions today, cloud the reality of the future.

Yes, Biden is old, but so is Trump. He apparently canā€™t even stay awake at his own trial having nodded off two days in a row.Ā  So, since one of them will be president, with no third-party candidate having a chance, I urge you to look at them again, in a realistic way. Then make your choice. I think you may come to the same conclusion I have. Though not perfect, and no one is, Biden is the better candidate for your future, and for the future of the world.Ā 

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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Donā€™t avoid drug education on 4/20 day

Cannabis culture continues to grow in the District

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In 2023, the law was signed to expand the Districtā€™s medical cannabis program. It also made permanent provisions allowing residents ages 21 and older to self-certify as medical cannabis patients. Overall, cannabis is fully legal in D.C. for medical and recreational use, and 4/20 Day is widely celebrated. 

Medical cannabis, for example, has a long history with the LGBTQ community, and they have often been one of the oldest supporters of marijuana and some of the most enthusiastic consumers. Cannabis use also has a long history of easing the pain of the LGBTQ community as relief from HIV symptoms and as a method of coping with rejection from society. 

The cannabis culture continues to grow in the District, and as a result, so does the influence on younger people, even youth within the LGBTQ community. Drug education can play an important role and should not be avoided during 4/20 Day. Parents and educators can use drug education to help their kids understand the risks involved with using marijuana at a young age. 

According to DC Health Matters, marijuana use among high school students has been on the decline in the District since 2017. In 2021, it was estimated that around 20% of high school students use marijuana, a drop from 33% in 2017. Nationally, in 2020, approximately 41.3% of sexual minority adults 18 and older reported past-year marijuana use, compared to 18.7% of the overall adult population.

When parents and educators engage with their kids about marijuana, consider keeping the conversations age appropriate. Speaking with a five-year-old is much different than speaking with a teenager. Use language and examples a child or teen would understand. 

The goal is to educate them about the risks and dangers of using cannabis at a young age and what to avoid, such as edibles. 

Most important, put yourself in your kid’s shoes. This can be especially important for teenagers as they face different social pressures and situations at school, with peer groups, or through social media. Make a point of understanding what they are up against. 

When speaking to them about cannabis, stay calm and relaxed, stay positive, donā€™t lecture, and be clear and concise about boundaries without using scare tactics or threats. 

Yet, itā€™s OK to set rules, guidelines, and expectations; create rules together as a family or class. Parents and educators can be clear about the consequences without lecturing but clearly stating what is expected regarding cannabis use. 

Moreover, choose informal times to have conversations about cannabis and do not make a big thing about it. Yet, continue talking to them as they age, and let them know you are always there for them.     

Finally, speak to them about peer pressure and talk with them about having an exit plan when they are offered marijuana. Peer pressure is powerful among youth, and having a plan to avoid drug use helps children and students make better choices. Ultimately, it is about assisting them in making good choices as they age. 

Members of the LGBTQ community often enter treatment with more severe substance use disorders. Preventative measures involving drug education are effective in helping youth make good choices and learn about the risks.

Marcel Gemme is the founder of SUPE and has been helping people struggling with substance use for over 20 years. His work focuses on a threefold approach: education, prevention, and rehabilitation.

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