North-West is governed by federal Botswana law. Learn more
    Homosexuality
    ⚢
    ✔ Legal
    Gay Marriage
    ⚭
    ✖ Unrecognized
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    Gender-Affirming Care
    ✖ Restricted
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✖ Sexual orientation only
    Housing Discrimination
    ✖ No protections
    Adoption
    ✖ Single only
    Intersex Infant Surgery
    ✖ Not banned
    Military
    ✖ Lesbians, gays, bisexuals permitted, transgender people banned
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in North-West

?

Homosexual activity in North-West is legal.

Current status
Since Jun 11, 2019
Legal
Botswana's High Court has ruled in favour of decriminalising homosexuality in a landmark decision for campaigners.
Details
Sources:
bbc.com/news/world-africa-48594162
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Jun 10, 1964–Jun 11, 2019
Illegal (imprisonment as punishment)
Fine; up to seven years imprisonment. Although same-sex sexual acts remain illegal, their prosecution is rare according to a 2004 publication.
Details
Sources:
vertic.org/media/National%2…
kinseyinstitute.org/ccies/p…
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Same-sex marriage in North-West

?

Same-sex marriage in North-West is unrecognized.

Current status
Since Jun 10, 1964
Unrecognized
only allows straight couples to get married
Details
Sources:
vertic.org/media/National%2…
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Apr 22, 2016–Sep 7, 2018
Unrecognized
from a ruling in the supreme Botswana Court. legalization rejected.
Details
Sources:
allafrica.com/stories/20160…
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Censorship of LGBT issues in North-West

?

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

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

?

Right to change legal gender in North-West 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.
Details
Sources:
mambaonline.com/2017/12/06/…
web.archive.org/web/2019062…//allafrica.com/stories/201710090073.html
independent.co.uk/news/worl…
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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.
Details
Sources:
southernafricalitigationcen…
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Gender-affirming care in North-West

?

Gender-affirming care in North-West is restricted.

Current status
Since 1985
Restricted
In 1985, Botswana legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
Details
Sources:
rhsupplies.org/uploads/tx_r…
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Until 1985
Banned
Medical transition is not possible
Details
Sources:
rhsupplies.org/uploads/tx_r…
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Legal recognition of non-binary gender in North-West

?

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

Current status
Not legally recognized
No laws in place to recognize non-binary people.
Details
Sources:
dw.com/en/from-bhutan-to-bo…
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LGBT discrimination in North-West

?

LGBT discrimination in North-West is illegal.

Current status
Since 2019
Illegal
Discrimination and hate speech against LGBTQIA+ persons is banned completely in Botswana.
Details
Sources:
africanlii.org/article/2019…
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LGBT employment discrimination in North-West

?

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

Current status
Since Aug 10, 2010
Sexual orientation only
LGB people are protected here. No laws in place for trans people.
Details
Sources:
bonela.org/index.php?option….
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LGBT housing discrimination in North-West

?

LGBT housing discrimination in North-West is no protections.

Current status
No protections
No protections available in Botswana for sexual orientation or gender identity for housing.
Details
Sources:
database.ilga.org/botswana-lgbti
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Same-sex adoption in North-West

?

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

Current status
Single only
No other laws in place.
Details
Sources:
travel.state.gov/content/ad…
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Intersex infant surgery in North-West

?

Intersex infant surgery in North-West 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.
Details
Sources:
database.ilga.org/botswana-lgbti
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Serving openly in military in North-West

?

Serving openly in military in North-West is lesbians, gays, bisexuals permitted, transgender people banned.

Current status
Since Aug 10, 2010
Lesbians, gays, bisexuals permitted, transgender people banned
All discrimination is illegal in all areas. Unfortunately Like every other African countries, trans people cannot serve
Details
Sources:
cbc.ca/news/world/countries…
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Blood donations by MSMs in North-West

?

Blood donations by MSMs in North-West is legal.

Current status
Legal
Details
Sources:
achap.org/blood-safety-and-…
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Conversion therapy in North-West

?

Conversion therapy in North-West is not banned.

Current status
Since Mar 17, 2016
Not banned
Botswana Court of Appeal Denied Ban.
Details
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Equal age of consent in North-West

?

Equal age of consent in North-West is equal.

Current status
Equal
Set at 16 years old.
Details
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Equality Index ?
49 / 100
Legal Rights
59 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in North-West to help improve its accuracy.

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North-West LGBT Organizations

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