South-East 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
- ✖ 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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Homosexual activity in South-East 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.
Censorship of LGBT issues in South-East is no censorship.
Current status
No censorship
In Botswana, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in South-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.
Gender-affirming care in South-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.
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 South-East is not legally recognized.
Current status
Not legally recognized
No laws in place to recognize non-binary people.
LGBT discrimination in South-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
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 South-East 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.
LGBT housing discrimination in South-East is no protections.
Current status
No protections
No protections available in Botswana for sexual orientation or gender identity for housing.
Same-sex adoption in South-East is single only.
Current status
Single only
No other laws in place.
Intersex infant surgery in South-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.
Serving openly in military in South-East 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
Blood donations by MSMs in South-East is legal.
Current status
Legal
Conversion therapy in South-East is not banned.
Current status
Since Mar 17, 2016
Not banned
Botswana Court of Appeal Denied Ban.
Equal age of consent in South-East is equal.
Current status
Equal
Set at 16 years old.
Legal Rights
60 / 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 South-East to help improve its accuracy.
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South-East LGBT Organizations
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Common queries:
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