Southern is governed by federal Botswana law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Unrecognized
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ Sexual orientation only
- Housing Discrimination
- ✖ No protections
- Adoption
- ✖ Single only
- Intersex Infant Surgery
- ✖ Not banned
- Military
- Unknown
- Donating Blood
- ✖ Banned (indefinite deferral)
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- Unknown
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Public Opinion
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Homosexual activity in Southern 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.
Male illegal, female legal
Homosexuality became illegal in Botswana in 1885 under Britain’s Labouchere Amendment as Botswana was a British colony at the time.
In 1964, Botswana later criminalized homosexual sex under article 164 and 167 of its penal code. The maximum punishment for violating these laws was seven years of imprisonment.
Until 1998, these laws only criminalised male homosexuality.
In 1964, Botswana later criminalized homosexual sex under article 164 and 167 of its penal code. The maximum punishment for violating these laws was seven years of imprisonment.
Until 1998, these laws only criminalised male homosexuality.
Until Aug 13, 1885
Legal
Precolonial chiefdoms in Botswana did not criminalise homosexuality and it was widely tolerated. Traditional dikgosi, local Tswana chiefs, also argue that homosexuality was always prevalent in Tswana culture, contrary to views that it was imported by the West.
Same-sex marriage in Southern 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.
Censorship of LGBT issues in Southern is no censorship.
Current status
No censorship
In Botswana, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
However, there have been cases where transgender people were detained under nuisance-related charges and laws against vagrancy and idle and disorderly persons.
However, there have been cases where transgender people were detained under nuisance-related charges and laws against vagrancy and idle and disorderly persons.
Right to change legal gender in Southern 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.
Gender-affirming care in Southern 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.
Restricted
In 1985, Botswana legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
Until 1985
Banned
Medical transition is not possible
Legal recognition of non-binary gender in Southern is not legally recognized.
Current status
Not legally recognized
No laws in place to recognize non-binary people.
LGBT discrimination in Southern 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
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 Southern 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 Southern is no protections.
Current status
No protections
No protections available in Botswana for sexual orientation or gender identity for housing.
Same-sex adoption in Southern is single only.
Current status
Single only
No other laws in place.
Intersex infant surgery in Southern 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.
Serving openly in military in Southern is unknown.
Current status
Unknown
Blood donations by MSMs in Southern is banned (indefinite deferral).
Current status
Banned (indefinite deferral)
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.
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 Southern is not banned.
Current status
Not banned
Conversion therapy is legal in Botswana but not reported.
Legal Rights
56 / 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 Southern to help improve its accuracy.
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