| Part of the LGBT rights series | ||
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Civil unions and registered partnerships
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Unclear legal status | ||
See also
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Notes
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 LGBT portal | ||
Botswana does not recognize same-sex marriages or civil unions. The Marriage Act does not recognise same-sex marriage.
| Part of the LGBT rights series |
| LGBT portal |
Botswana does not recognize same-sex marriages or civil unions. The Marriage Act does not recognise same-sex marriage.
While the Tswana historically practiced polygamy, [1] there are no records of same-sex marriages as understood from a Western perspective being performed in Tswana culture. However, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. [2] Contemporary oral evidence suggests that same-sex relationships were "common" and "prevelant" among Tswana miners in South Africa in the early 20th century. It was during this time through the mining compounds and the influence of South African languages that the contemporary term matanyola, meaning "anal sex", entered the Tswana language. [3] These relationships differed strongly from the Western understanding of same-sex marriages, as men who entered these "mine marriages" continued to marry women and "conform, or appear to conform, to gender expectations", and would not consider themselves as homosexual or bisexual, or "unfaithful to [their] marriage vows. [4] This practice disappeared as Botswana became more modernized and exposed to Christianity, Western culture and homophobia in the late 19th century and early 20th century. [5] [6]
Today, homosexuality is viewed as taboo, and society generally does not accept same-sex relationships. Same-sex sexual relations were prohibited in Botswana until the law was struck down by the High Court in 2019. [7]
Same-sex sexual relations were previously outlawed in Botswana under a British colonial-era law. This law was struck down in 2019 by the High Court, a ruling later upheld by an appellate court in 2021. This ruling, along with reforms to the employment law forbidding hiring discrimination on the basis of sexual orientation in 2010 and the registration of Botswana's largest LGBT advocacy organisation, LEGABIBO (Lesbians, Gays & Bisexuals of Botswana), in 2016, [8] have cemented Botswana as a "[leader] in Southern Africa". [9] [10] Nevertheless, discrimination and abuse against LGBT people remain a "daily reality for many", and laws do not permit or recognise same-sex marriages or civil unions. [11]
The Marriage Act (Tswana : Molao wa Manyalo; Act 18 of 2001, Chapter 29:01) does not expressly forbid same-sex marriages and does not contain a definition of marriage. However, it generally refers to married spouses as "husband" and "wife". [12] The Constitution of Botswana, unlike neighbouring Zimbabwe's constitution, also does not explicitly forbid marriages between people of the same sex. [13] Civil partnerships (Tswana : dikgolagano tsa selegae) are likewise not recognised in Botswana. This means that cohabiting same-sex couples do not enjoy the same rights as married couples including with regard to inheritance, tax benefits, adoption and alimony, among others.
In 2021, a spokesperson for LEGABIBO said the issue of same-sex marriage was "likely to arise in [the] future", noting that the 2019 High Court judgement in Letsweletse Motshidiemang v The Attorney-General "might be relevant then" and hoping that "future possibilities may also include a change of law and acceptance of society towards gay marriages". "The offensive provisions of the Penal Code have long been struck down by the High Court and so same-sex conduct has not been criminal since then. This has opened new avenues for conversations to be heard regarding gay rights in total.", they added. [14]
Lesbian, gay, bisexual, and transgender (LGBT) people in Poland face legal challenges not experienced by non-LGBT residents. According to ILGA-Europe's 2023 report, the status of LGBTQ rights in Poland is the worst among the European Union countries.
Lesbian, gay, bisexual, and transgender (LGBT) people in South Africa have the same legal rights as non-LGBT people. South Africa has a complex and diverse history regarding the human rights of LGBT people. The legal and social status of between 400,000–over 2 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination of traditional South African morals, colonialism, and the lingering effects of apartheid and the human rights movement that contributed to its abolition.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Brazil rank among the highest in the world. Same-sex couples in Brazil have enjoyed the same rights guaranteed to heterosexual ones since 16 May 2013, including marriage and adoption. On June 13, 2019, the Brazilian Supreme Court ruled that discrimination on the basis of sexual orientation and gender identity is a crime akin to racism.
Lesbian, gay, bisexual, and transgender (LGBT) people in Suriname may face legal challenges not experienced by non-LGBT residents. Both male and female expressions of same-sex sexual activity are legal in Suriname. Since 2015, hate speech and discrimination in employment and the provision of goods and services on the basis of sexual orientation has been banned in the country. Same-sex marriage and civil unions are not recognised by law. Nevertheless, Suriname is legally bound to the January 2018 Inter-American Court of Human Rights ruling, which held that same-sex marriage is a human right protected by the American Convention on Human Rights.
Lesbian, gay, bisexual, and transgender (LGBT) people in Zimbabwe face legal challenges not experienced by non-LGBT residents. Since 1995, the Government of Zimbabwe has carried out campaigns against LGBT rights. Sodomy is classified as unlawful sexual conduct and defined in the Criminal Code as either anal sexual intercourse or any "indecent act" between consenting adults. Since 1995, the government has carried out campaigns against both homosexual men and women.
Lesbian, gay, bisexual, and transgender (LGBT) people in Botswana face legal issues not experienced by non-LGBT citizens. Both female and male same-sex sexual acts have been legal in Botswana since 11 June 2019 after a unanimous ruling by the High Court of Botswana. Despite an appeal by the government, the ruling was upheld by the Botswana Court of Appeal on 29 November 2021.
Lesbian, gay, bisexual, and transgender (LGBT) people in Burundi face legal challenges not experienced by non-LGBT citizens. While never criminalized before 2009, Burundi has since criminalized same-sex sexual activity by both men and women with a penalty up to two years in prison and a fine. LGBT persons are regularly prosecuted and persecuted by the government and additionally face stigmatisation among the broader population.
Lesbian, gay, bisexual, and transgender (LGBT) people in Rwanda face legal challenges not experienced by non-LGBT residents. While neither homosexuality nor homosexual acts are illegal, homosexuality is considered a taboo topic, and there is no significant public discussion of this issue in any region of the country and LGBT people still face stigmatization among the broader population. No anti-discrimination laws are afforded to LGBT citizens, and same-sex marriages are not recognized by the state, as the Constitution of Rwanda provides that "[o]nly civil monogamous marriage between a man and a woman is recognized". LGBT Rwandans have reported being harassed, blackmailed, and even arrested by the police under various laws dealing with public order and morality.
Lesbian, gay, bisexual, and transgender (LGBT) people in Eswatini have limited legal rights. According to Rock of Hope, a Swati LGBT advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBT people] cannot be open about their orientation or gender identity for fear of rejection and discrimination". Homosexuality is illegal in Eswatini, though this law is in practice unenforced. According to the 2021 Human Rights Practices Report from the US Department of State, "there has never been an arrest or prosecution for consensual same-sex conduct."
Lesbian, gay, bisexual, and transgender (LGBT) people in Namibia have limited legal protections. Sexual contact between men is criminalised within Namibia, although this law is generally unenforced. Discrimination based on sexual orientation is banned in Namibia but not for gender identity.
This is a list of notable events in the history of LGBT rights that took place in the year 2008.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are in most countries very poor in comparison to the Americas, Western Europe and Oceania.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Bolivia have expanded significantly in the 21st century. Both male and female same-sex sexual activity and same-sex civil unions are legal in Bolivia. The Bolivian Constitution bans discrimination on the basis of sexual orientation and gender identity. In 2016, Bolivia passed a comprehensive gender identity law, seen as one of the most progressive laws relating to transgender people in the world.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Cayman Islands may face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in the Cayman Islands. Despite anti-gay attitudes expressed by certain members of the government, social acceptance by the Caymanian public has been known to be some of the best in the Caribbean. Some have attributed this to the strong British influence in the territory.
The Lesbians, Gays & Bisexuals of Botswana (LEGABIBO) is a Botswana human rights advocacy group with the primary objective of seeking legal and social rights for the LGBT community in Botswana. It is the first LGBT focused organization to be registered in Botswana after years of official opposition. The organization aims to reduce discrimination of LGBT individuals and advocate the recognition of same sex couples for the purpose of adoption, accessing social benefits and same-sex marriage.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Anguilla face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Anguilla, but same-sex couples cannot marry or obtain civil partnerships. Anguillian law does not forbid discrimination based on sexual orientation or gender identity.
Same-sex unions are currently not performed in Namibia. The Supreme Court ruled 4–1 on 16 May 2023 that same-sex marriages concluded outside of Namibia should be recognised for residency purposes. A bill seeking to overturn the ruling is currently pending in the Parliament of Namibia.
GALZ An Association of LGBTI People in Zimbabwe is an organisation established in 1990 in Harare to serve the needs of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community in Zimbabwe. GALZ's vision is "a just society that promotes and protects human rights of LGBTI people as equal citizens in Zimbabwe".
Lesotho does not recognise same-sex marriages or civil unions.
Zimbabwe does not recognize same-sex marriages or civil unions. The Marriages Act does not recognise same-sex marriage, and civil partnerships are only available to opposite-sex couples. The Constitution of Zimbabwe explicitly prohibits same-sex marriages.
Status of same-sex unions around the world | ||
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