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CIVICUS discusses Botswana’s decriminalisation of same-sex relations with Faith Gunda, a Botswana-based law student and human rights defender, a member of the CIVICUS Protest Lab and co-founder of Sisterhood Chain International, a solidarity initiative that supports grassroots groups and amplifies young women’s voices.
Faith GundaIn March, Botswana formally removed colonial-era provisions that criminalised same-sex relations from its penal code, marking the culmination of over a decade of sustained civil society activism. This reform aligned the law with landmark constitutional rulings from 2019 and 2021, making Botswana a progressive leader on a continent where 31 countries still criminalise same-sex relations. However, significant challenges remain. Social attitudes lag behind legal progress, and conservative religious groups are mobilising against LGBTQI+ rights as a critical marriage equality case comes to the High Court in July.
What does repeal mean for LGBTQI+ people?
The formal repeal is symbolic, but symbols matter because they tell people whether they belong. For years, criminal provisions sent a message to LGBTQI+ people in Botswana: you are criminals. Even after the courts ruled these provisions unconstitutional in 2019, they remained on the books, a constant reminder that the state saw their identities as a threat. Their removal aligns written law with constitutional values of dignity, equality, liberty and privacy. But more importantly, it says that LGBTQI+ people are not criminals.
This changes everything for young people. When the law no longer criminalises your identity, it has positive impacts on mental health, belonging and civic participation. It lets LGBTQI+ people report violence, seek healthcare and live openly without fear. People can breathe a little easier. They can imagine futures they couldn’t before.
This progress didn’t come from above. It came from years of relentless advocacy by LGBTQI+ activists, LGBTQI+ organisations such as Lesbians, Gays and Bisexuals of Botswana and everyday people willing to risk everything to challenge entrenched stigma. The formal repeal is not the end of a struggle. It’s a foundation for the next phase. The work continues.
Why did it take so long to remove provisions courts declared unconstitutional?
Legal victories and political change don’t move at the same pace. The courts were clear in 2019 that the law was unconstitutional. But court rulings cannot implement themselves. Colonial-era laws remain embedded in statute books because removing them takes political will and politicians fear backlash. For six years, LGBTQI+ people lived with a law the courts had already called unjust.
What finally made change happen was sustained pressure. Civil society organisations, human rights defenders and lawyers refused to let this go. The Court of Appeal upheld the judgment in 2021, and activists kept speaking up, organising and demanding implementation. In March, the law finally changed. So, this is the lesson: court rulings matter, but it’s sustained civic action that turns them into real protection.
What barriers remain, and what comes next?
Decriminalisation isn’t the same as equality, but it’s the foundation for it. Real equality means marriage rights, family recognition and anti-discrimination protections. The marriage equality case due to be heard in court in July will test whether constitutional protections reach beyond private intimacy into full citizenship and whether same-sex couples can access the dignity and legal recognition marriage provides.
But legal barriers are only a part of the story. Social barriers persist too, including stigma in families, healthcare systems, schools and workplaces. Legal reform creates protection, but it cannot instantly change rooted attitudes. Young people in Botswana increasingly believe everyone should be able to live authentically without fear. They are organising, speaking openly, refusing the silence previous generations endured. This generational shift is becoming the most powerful driver of change.
The journey is not linear, but the direction is undeniable. Meaningful reform takes continuous civic engagement. This means activists documenting and defending civic space, grassroots organisations amplifying youth leadership and people refusing to accept anything less than full humanity.
Is Botswana an example for Africa?
Botswana’s progress shouldn’t be romanticised. The country still faces social conservatism and discrimination, and its gains will be vulnerable unless they are continuously defended. But it offers a model to follow.
Botswana stands out on the continent because it succeeded through civic advocacy, constitutionalism and judicial independence. This matters all the more now, when several African governments are passing harsher anti-LGBTQI+ laws and dismissing these rights as ‘un-African’, even though the laws banning same-sex relations were colonial imports.
Botswana’s path challenges that narrative. It shows that African constitutional democracies can interpret dignity, equality and liberty inclusively, without abandoning local legal traditions. For human rights defenders across the region, Botswana is proof that civic engagement, sustained advocacy and strategic litigation can produce meaningful change even in difficult political climates.
CIVICUS interviews a wide range of civil society activists, experts and leaders to gather diverse perspectives on civil society action and current issues for publication on its CIVICUS Lens platform. The views expressed in interviews are the interviewees’ and do not necessarily reflect those of CIVICUS. Publication does not imply endorsement of interviewees or the organisations they represent.
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