Entry #2790: Right to change legal gender in Botswana

Current Version

RegionBotswana
IssueRight to change legal gender
StatusLegal, no restrictions
Start DateSep 29, 2017
End Date(none)
DescriptionIn 2017, before Botswana's High Court, a transgender man and a transgender woman each successfully contested the Registrar of National Registration's refusal to amend the gender marker on their identity documents. Both individuals invoked Section 16 of the National Registration Act (Act No. 26) (1986), which empowers the Registrar to alter any particulars of a registered person and issue new identity documentation in the event of a significant change in circumstances. These landmark cases have established a precedent for other transgender individuals seeking to update their gender markers on official documents. Subsequently, following the court's rulings, at least 10 transgender individuals have been able to amend their legal gender markers without resorting to legal action.
Sourceshttps://www.mambaonline.com/2017/12/06/sweet-closure-botswana-agrees-recognise-trans-man/
https://web.archive.org/web/20190621164818/https://allafrica.com/stories/201710090073.html
https://www.independent.co.uk/news/world/africa/botswana-gaborone-transgender-identity-lgbt-rights-legabibo-court-law-a8114991.html

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Revision History (9)

edited by Unknownmiles. fixing description

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DescriptionIn September 2017, the Botswana High Court ruled that the refusal of the Registrar of National Registration to change a transgender man's gender marker was "unreasonable and violated his constitutional rights to dignity, privacy, freedom of expression, equal protection of the law, freedom from discrimination and freedom from inhumane and degrading treatment". LGBT activists celebrated the ruling, describing it as a great victory. At first, the Botswana Government announced it would appeal the ruling, but decided against it in December, supplying the trans man with a new identity document that reflects his gender identity.
A similar case, where a transgender woman sought to change her gender marker to female, was heard in December 2017. The High Court ruled that the Government must recognise her gender identity. She dedicated her victory to "every single trans diverse person in Botswana".		In 2017, before Botswana's High Court, a transgender man and a transgender woman each successfully contested the Registrar of National Registration's refusal to amend the gender marker on their identity documents. Both individuals invoked Section 16 of the National Registration Act (Act No. 26) (1986), which empowers the Registrar to alter any particulars of a registered person and issue new identity documentation in the event of a significant change in circumstances. These landmark cases have established a precedent for other transgender individuals seeking to update their gender markers on official documents. Subsequently, following the court's rulings, at least 10 transgender individuals have been able to amend their legal gender markers without resorting to legal action.
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In September 2017, the Botswana High Court ruled that the refusal of the Registrar of National Registration to change a transgender man's gender marker was "unreasonable and violated his constitutional rights to dignity, privacy, freedom of expression, equal protection of the law, freedom from discrimination and freedom from inhumane and degrading treatment". LGBT activists celebrated the ruling, describing it as a great victory. At first, the Botswana Government announced it would appeal the ruling, but decided against it in December, supplying the trans man with a new identity document that reflects his gender identity. A similar case, where a transgender woman sought to change her gender marker to female, was heard in December 2017. The High Court ruled that the Government must recognise her gender identity. She dedicated her victory to "every single trans diverse person in Botswana". before Botswana's High Court, a transgender man and a transgender woman each successfully contested the Registrar of National Registration's refusal to amend the gender marker on their identity documents. Both individuals invoked Section 16 of the National Registration Act (Act No. 26) (1986), which empowers the Registrar to alter any particulars of a registered person and issue new identity documentation in the event of a significant change in circumstances. These landmark cases have established a precedent for other transgender individuals seeking to update their gender markers on official documents. Subsequently, following the court's rulings, at least 10 transgender individuals have been able to amend their legal gender markers without resorting to legal action.

edited by Unknownmiles. fixing date

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Start DateSep 2017Sep 29, 2017

edited by DuffdeNecker

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Start Date(unknown)Sep 2017
Descriptionjust recognized a female who transitioned to male. Missing documents for non-binary people.In September 2017, the Botswana High Court ruled that the refusal of the Registrar of National Registration to change a transgender man's gender marker was "unreasonable and violated his constitutional rights to dignity, privacy, freedom of expression, equal protection of the law, freedom from discrimination and freedom from inhumane and degrading treatment". LGBT activists celebrated the ruling, describing it as a great victory. At first, the Botswana Government announced it would appeal the ruling, but decided against it in December, supplying the trans man with a new identity document that reflects his gender identity.
A similar case, where a transgender woman sought to change her gender marker to female, was heard in December 2017. The High Court ruled that the Government must recognise her gender identity. She dedicated her victory to "every single trans diverse person in Botswana".
Show Difference
just recognized a female who transitioned to male. Missing documents for non-binary people. In September 2017, the Botswana High Court ruled that the refusal of the Registrar of National Registration to change a transgender man's gender marker was "unreasonable and violated his constitutional rights to dignity, privacy, freedom of expression, equal protection of the law, freedom from discrimination and freedom from inhumane and degrading treatment". LGBT activists celebrated the ruling, describing it as a great victory. At first, the Botswana Government announced it would appeal the ruling, but decided against it in December, supplying the trans man with a new identity document that reflects his gender identity. A similar case, where a transgender woman sought to change her gender marker to female, was heard in December 2017. The High Court ruled that the Government must recognise her gender identity. She dedicated her victory to "every single trans diverse person in Botswana".
Sourceshttps://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/https://www.mambaonline.com/2017/12/06/sweet-closure-botswana-agrees-recognise-trans-man/
https://web.archive.org/web/20190621164818/https://allafrica.com/stories/201710090073.html
https://www.independent.co.uk/news/world/africa/botswana-gaborone-transgender-identity-lgbt-rights-legabibo-court-law-a8114991.html
Show Difference
https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ https://www.mambaonline.com/2017/12/06/sweet-closure-botswana-agrees-recognise-trans-man/ https://web.archive.org/web/20190621164818/https://allafrica.com/stories/201710090073.html https://www.independent.co.uk/news/world/africa/botswana-gaborone-transgender-identity-lgbt-rights-legabibo-court-law-a8114991.html
Reports (1)
  • Status is not correct "The rulings mentioned are not indicative of a wider formal process of gender recognition: see https://www.southernafricalitigationcentre.org/wp-content/uploads/2020/11/Botswana-Gender-Marker-Report.pdf"

edited by Ausyk

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SourcesNohttps://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/

edited by Ausyk

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Descriptionjust recognized a female who transitioned to male.just recognized a female who transitioned to male. Missing documents for non-binary people.
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just recognized a female who transitioned to male. Missing documents for non-binary people.

edited by Ausyk

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DescriptionNojust recognized a female who transitioned to male.

edited by Ausyk

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ValueLegal, but requires surgeryLegal, no restrictions
DescriptionNo restrictions.No
Sourcestransrespect.orgNo

edited by Ausyk

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ValueIllegalLegal, but requires surgery
DescriptionNoNo restrictions.
SourcesNotransrespect.org

created by Ausyk

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Original entry
StatusIllegal
Start Date(unknown)
End Date(none)
DescriptionNo
SourcesNo