How Botswana’s LGBTQI+ movement got colonial anti-gay laws off the books

In March 2026, Botswana officially removed colonial-era legal provisions that criminalised same-sex relationships from its penal code. This marked a significant milestone for the country's LGBTQI+ community and the civil society groups that had spent over a decade advocating for the removal of these outdated laws. The process was neither swift nor simple, involving a combination of judicial decisions and persistent civic activism. The journey began in 2019 when Botswana's High Court ruled that the relevant provisions were unconstitutional. This decision was followed in 2021 by the Court of Appeal affirming the High Court's ruling. Despite these legal victories, the actual text of the law continued to reflect the old provisions, creating a dissonance between judicial interpretations and legislative reality. This situation left LGBTQI+ individuals in a legal limbo, where the courts had deemed their treatment unjust, yet the law still carried the weight of historical prejudice. Faith Gunda, a law student and human rights advocate based in Botswana, highlighted the significance of the repeal. She noted that while the removal of the law is symbolic, it carries profound implications for the LGBTQI+ community. For years, the existence of these laws conveyed a harmful message: that being LGBTQI+ equated to being a criminal. Now, with the law aligned with constitutional principles of dignity, equality, liberty, and privacy, the message shifts. It signals that LGBTQI+ individuals are not criminals, which can have transformative effects on their mental health, sense of belonging, and ability to participate fully in civic life. The prolonged delay in implementing the court's rulings underscores the complex interplay between legal decisions and political action. While the judiciary played a crucial role in declaring the laws unconstitutional, the actual removal required political will and public support. Activists, lawyers, and civil society organizations maintained consistent pressure on lawmakers, ensuring that the legal victories translated into tangible change. This persistence eventually led to the formal repeal in March 2026. Despite this progress, challenges remain. Issues such as marriage equality, family recognition, anti-discrimination protections, and societal acceptance continue to be areas of contention. The repeal represents a foundational step rather than the culmination of the struggle for LGBTQI+ rights in Botswana. It sets the stage for further advocacy and policy reforms aimed at achieving full equality and inclusion. The success in Botswana provides a model for other countries grappling with similar issues. In a regional context where several governments are intensifying efforts to restrict LGBTQI+ rights, Botswana's experience demonstrates the power of strategic litigation, civic engagement, and youth-led organizing. These elements combined to create a pathway for meaningful change, showing that sustained effort and collective action can lead to significant legal and social transformations. As the country moves forward, the focus will likely shift towards addressing the remaining barriers and building upon the momentum generated by this historic repeal.