The Botswana justice system on Monday, November 29, upheld its decision to decriminalize homosexuality, rejecting an appeal filed by the conservative government of the landlocked southern African country.
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"
The appeal is dismissed,
" said the High Court in its judgment, which AFP has had a copy of.
In 2016, the court in Botswana's capital Gaborone ordered that laws punishing same-sex relationships be amended, calling them "
relics of the (British) Victorian era
" that "
oppress a minority
".
This judgment, hailed as “
historic
” at the international level, was eagerly awaited on the whole of the African continent where homosexuality remains illegal in more than half of the sub-Saharan countries.
Sentences of up to 7 years in prison
But the government appealed against the decision in October, arguing that this "
political issue
" should be decided by Parliament and not by the courts. Gay Botswana citizens have long lived in “
constant fear of being discovered or arrested,
” Judge Ian Kirby said after reading his judgment. "
It has sometimes led to depression, suicidal behavior, alcoholism or drug addiction,
" he regretted.
Botswana is one of the few African countries to have decriminalized homosexuality.
The others are Lesotho, Mozambique, Angola and Seychelles.
South Africa is the only African country allowing gay marriage, legalized in 2006. Justice then ruled at the request of a person contesting the penal code which since 1965 repressed homosexuality with penalties of up to to seven years in prison.
