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Public Opinion

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History

Homosexual activity in North-East

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Homosexual activity in North-East is legal.

Current status
Since Jun 11, 2019
Legal
In 2019, Botswana's High Court struck down the country's laws that had made homosexual sex a crime. The decision was appealed by Botswana's Government, but it was unanimously rejected by Botswana's Court of Appeal.
Jun 10, 1964–Jun 11, 2019
Illegal (imprisonment as punishment)
Previously, Botswana criminalized homosexual sex under article 164 and 167 of its penal code. The maximum punishment for violating these laws was seven years of imprisonment.
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Same-sex marriage in North-East

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Same-sex marriage in North-East is unrecognized.

Current status
Unrecognized
Botswana’s laws regarding marriage do not explicitly define marriage as between one man and one woman or explicitly state that same-sex marriage should not be recognized. The country has also not, however, legalized same-sex marriage, nor have they recognized it.
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Censorship of LGBT issues in North-East

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Censorship of LGBT issues in North-East is no censorship.

Current status
No censorship
In Botswana, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in North-East

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Right to change legal gender in North-East is legal, no restrictions.

Current status
Since Sep 29, 2017
Legal, no restrictions
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.
Until Sep 29, 2017
Illegal
Before September 29th, 2017, no transgender person had legally changed their gender. On that date, a court ruled in favor of allowing a transgender man to legally change his gender, and he became the first to be able to do so in Botswana.
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Gender-affirming care in North-East

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Gender-affirming care in North-East is legal.

Current status
Since Sep 29, 2017
Legal
Gender affirming care is not banned and the right to a legal gender change became recognized on this date.
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1985–Sep 29, 2017
Restricted
In 1985, Botswana legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
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Until 1985
Banned
Medical transition is not possible
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Legal recognition of non-binary gender in North-East

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Legal recognition of non-binary gender in North-East is not legally recognized.

Current status
Not legally recognized
No laws in place to recognize non-binary people.
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LGBT discrimination in North-East

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LGBT discrimination in North-East is illegal in some contexts.

Current status
Since 2010
Illegal in some contexts
In June 2019, the High Court of Botswana ruled that "sex", as defined in Section 3 of the Botswana Constitution, should be "generously and purposively interpreted" to include "sexual orientation".

The Employment Act (2010) prohibits employers from terminating contracts of employment on the basis of "sexual orientation".

There are no laws that protect gender identity from discrimination

LGBT employment discrimination in North-East

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LGBT employment discrimination in North-East is sexual orientation only.

Current status
Since Aug 10, 2010
Sexual orientation only
Botswana provides protection from discrimination in employment on the basis of sexual orientation but not gender identity. However, the law was not enforced.

LGBT housing discrimination in North-East

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LGBT housing discrimination in North-East is no protections.

Current status
No protections
No protections available in Botswana for sexual orientation or gender identity for housing.
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Same-sex adoption in North-East

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Same-sex adoption in North-East is single only.

Current status
Single only
No other laws in place.
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Intersex infant surgery in North-East

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Intersex infant surgery in North-East is not banned.

Current status
Not banned
In April 2024, a bill to amend the Constitution, including a new clause aimed at "protecting intersex individuals and people with disabilities from discrimination" was presented by a minister in Botswana. But so far, there are no laws banning invasive and unnecessary surgical procedures on intersex children.
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Serving openly in military in North-East

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Serving openly in military in North-East is unknown.

Current status
Unknown

Blood donations by MSMs in North-East

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Blood donations by MSMs in North-East is ambiguous.

Current status
Ambiguous
There are no official sources from the Ministry of Health regarding prohibitions on donating blood.

In 2014, the Ministry of Health denied banning gays and lesbians from donating blood. However, the same year the National Blood Transfusion Services (NBTS) confirmed the ban.

Conversion therapy in North-East

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Conversion therapy in North-East is unknown.

Current status
Unknown

Equal age of consent in North-East

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Equal age of consent in North-East is unknown.

Current status
Unknown