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that defends the rights of Lesbians, Transgender
and Intersex persons
in Africa. 

 

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AFRICA BY COUNTRY ~ Botswana

 

LEGABIBO WIN

Victory for LEGABIBO

 

Botswana, 23 March 2016

Since February 2012, LEGABIBO and LGBT human rights organisation has fought for their right to be registered. The State denied LEGABIBO their right to freedom of assembly, freedom of association and freedom of expression. Four years later, LEGABIBO has ensured that constitution of Botswana includes citizens who are LGBT.

 

On the 16 March 2016, the Court of Appeal ruled that it was unlawful for the government not to register LEGABIBO and they should be register immediately. This is a victory for ALL Africans. Here is a brief timeline.

 

16 February 2012, 20 litigants – who are the Respondents, applied for the registration of the Lesbians Gays and Bisexuals of Botswana – LEGABIBO in terms of the Societies Act. On 12 March 2012, the Director of the Department of Civil and National Registration rejected their application for registration on the basis that the Botswana Constitution does not recognise homosexuals.

 

14 November 2014, the High Court, per Rannowane J, declared that the decision of the Minister to refuse registration of LEGABIBO contravened sections 3, 12 and 13 of the Botswana Constitution. And ordered that the government register LEGABIBO.

 

15 January 2016, five judges sat for the Court of Appeal hearing of the LEGABIBO registration case; Thuto Rammogwe & 19 others Vs. The State

16 March 2016 Court of Appeal of Botswana upheld the decision of the High Court, that the Botswana government must register LEGABIBO. A milestone moment for Botswana and for Africa. We congratulate LEGABIBO on this great victory.

 

LEGABIBO WINS RIGHT TO BE REGISTERED

 

Victory and resilience in Botswana

By Iranti-org

 

Botswana, 17 March 2016

After a four-year-long legal battle with the State, LEGABIBO has won its right to be legally registered. This legal recognition was affirmed at the High Court of Appeal when the court ruled that it was unlawful for the government not to register LEGABIBO.

 

According to SALC, “The Court of Appeal judgment is not only significant for its promotion of human rights for LGBTI activists, but also for its recognition and appreciation of the vulnerability of sexual minorities in society.” The real issues are still in place, and much work must happen to facilitate changing governments’ attitudes towards the LGBTI community. LEGABIBO’s right to march was denied several times as it prepared for the court hearings and gender-marker changes are still not permitted in Botswana. Iranti-org has documented this case since 2012 and welcomes the High Court of Appeal ruling.

LEGABIBO Botswana registration ~ Activists gather in front of High Court of Appeal. Photo by: Gugu Mandla

Activists gather in front of High Court of Appeal. Photo by: Gugu Mandla

Bradley Fortuin LEGABIBO and Humphrey Ndondo from SRC, Zimbabwe (far right): Photo by: Gugu Mandla

Bradley Fortuin LEGABIBO and Humphrey Ndondo from SRC, Zimbabwe (far right): Photo by: Gugu Mandla

South African Litigation Centre Representative Tashwill Esterhuizen with LEGABIBO Co-ordinator Anna Chalmers. Photo by: Gugu Mandla

South African Litigation Centre Representative Tashwill Esterhuizen with LEGABIBO Co-ordinator Anna Chalmers. Photo by: Gugu Mandla

Joyful faces - Anna Mmolai Chalmers after Judge Justice Kirby confirmed victory.
Photo by:  Gugu Mandla

Joyful faces - Anna Mmolai Chalmers after Judge Justice Kirby confirmed victory. Photo by:  Gugu Mandla

LEGABIBO Botswana registration ~ LGBTI members hold up messages. Photo by: Gugu Mandla

LGBTI members hold up messages. Photo by: Gugu Mandla

Happy People after the victory of LEGABIBO registration case. Photo by: Gugu Mandla

Happy People after the victory of LEGABIBO registration case. Photo by: Gugu Mandla

LEGABIBO Botswana registration ~ Recognise LEGABIBO poster about being proudly LGBTI Motswana. Photo by: Gugu Mandla

Recognise LEGABIBO poster about being proudly LGBTI Motswana. Photo by: Gugu Mandla

LEGABIBO Botswana registration ~ Humphrey Ndondo from Sexual Rights Centre in Zimbabwe, said "This win is for all LGBTI persons

Humphrey Ndondo from Sexual Rights Centre in Zimbabwe, said "This win is for all LGBTI persons in Africa." Photo by: Gugu Mandla

 

LEGABIBO FIGHTS TO BE REGISTERED

 

LEGABIBO continues the fight
to be recognised

By Iranti-org

 

Botswana. 22 January 2016

The Three Dikgosi monument in downtown Gabarone is a significant landmark, recognising the three Chiefs who played an important role in Botswana’s independence. Independence from the colonial masters included taking pride and retaining the culture and identity of the Batswana. This is the same symbol LEGABIBO strongly identifies with and is central to the belief that their ancestral leaders fought so that ALL citizens may enjoy the right to freedom of expression and association. All citizens include lesbian, gay, transgender and intersex persons of Botswana.

Supporters of the case outside the Court of Appeal

Supporters of the case outside the Court of Appeal

This freedom of association was affirmed when Judge Rannowane of the Botswana High Court made his findings and decision in November 2014 stating that the government of Botswana must permit LEGABIBO to register as an NGO. Denying them this right will be considered unconstitutional. The Attorney-General did not accept this ruling and prepared an appeal to overturn the court’s decision.

 

This case dates as far back as 2012 when the Director of Civil and National Registrations rejected LEGABIBO’s application on the basis that homosexuality is not recognised within the country’s consitution.

Inside the court

Inside the court

 

On 15 January 2016, the matter was heard at the High Court of Appeal in front of a five judge panel. The State retains the argument that by allowing LEGABIBO to register, it will erode the penal code’s powers on morality within the Botswana society. The judges are requesting the State to provide evidence that indicates that the registration of an LGBTI organisation that teaches its constituents sexual health rights will lead to the decimation of society’s moral codes. To date, the State has failed to provide such evidence.

An activist with a clear message

An activist with a clear message

 

In addition, the judges have requested the State to provide proof on how the sections pertaining to rights of freedom of expression and association in the Botswana constitution excludes LEGABIBO?

LeGaBiBo members and their legal representatives

LeGaBiBo members and their legal representatives

 

The court resumes on the 7 February 2016 when the final judgement is expected.

 

LEGABIBO FIGHTS TO BE REGISTERED

 

LEGABIBO's legal challenge

 

Botswana. 3 June 2014
Dr Unity Dow is the legal representative for LEGABIBO and LGBTI human rights and advocacy organisation from Botswana. LEGABIBO has been denied the right to legally register as an association. This clip documents LEGABIBO's ongoing challenge with the State.

 

LEGABIBO FIGHTS TO BE REGISTERED

 

Lesbians, Gays and Bisexuals of Botswana
takes its government to court

 

Ratanang Mosweu 2014

Ratanang Mosweu (in a grey suit) briefing about the case background before they headed to court. Photo taken by Gugu Mandla

 

18 March 2014, Botswana
by Kokeletso Legoete

 

On tuesday morning LEGABIBO case took to court. Represented by Botswana’s Unity Dow;a human rights activist and a legal judge. Tuesday morning the LEGABIBO members and supporters had a breakfast briefing at the Lansmore hotel. Heads of arguments and the case background/history were presented to the group in preparation and information sharing concerning the case the organization has filed against the state.

 

LEGABIBO was denied registration on the 12th of March 2012, because according to the Director of the Department of Civil and National Registration, Botswana constitution does not recognise homosexuals and that the objectives of the organization are contrary to section 7(2) of the Societies Act.

The heads of argument to the registration of the organization are based on violation of various rights of the Lesbians, Gays and bisexuals of Botswana that are deeply -rooted in the Botswana Constitution.

 

Rights violated are:

  • Section 13 which provides for the protection of freedom of assembly and association;
  • Section 12 which provides for the protection of freedom of expression;
  • Section 15 which provides for protection from discrimination;
  • Section 5 which provides for the right to personal liberty;
  • Section 7 which provides for the protection from inhuman treatment.

After the case background briefing, a session of poster presentation took place shortly before the group headed to court. The organization members had dedicated a day to making posters that expressed their right and opinions regarding the state’s refusal to register an organization where they can freely associate and share ideas. The intention was to march to court prior to the court proceeding, however they were denied permit to march. That did not stop them from spreading in groups and walking to the high court with their placards raised high.

Dr Unity Dow, LEGABIBO legal representative 2014

Dr. Unity Dow, LEGABIBO legal representative preparing herself to present the case in court. Photo by Ayanda Msiza

 

Dr. Unity Dow took approximately three(3) hours addressing the background of the case, with reference to the Botswana constitution, outlaying the heads of argument as to why the organization needs to be legally registered.

“This is a case about the right to organise, the right to assemble the right to a platform. If you don’t give them a chance to convince, you may still not agree at the end of the day, but I think democracy demands that every group have a right or an opportunity to try to convince...whether or not people agree with me  or agree with the state, I think this is very important. My clients wants to be registered...” Dr. Dow said to Iranti-org.

 

The courtroom was filled with LGBTI people from across Botswana to support the organization. All dressed in red T-shirts with advocacy message “Free to organize. It’s our right". Dr. Dow was stunned by the attendance and support of the gay community in court “I was impressed by how many people came to court. I know is not that easy to come out and say I am gay, so I am impressed by the gay community that came to court today. Because the world is run by those who show up, and they showed up today”

 

Advocate Moatlhodi Marumo who stood in as the case opponent argued that the courts are not responsible for making the laws of the country, and that LEGABIBO should understand it as the decision of parliament. Instead of probably opposing the case and defending the Director of the Department of Civil and National Registration’s reaction to the organization, his argument was based on the approach that the organization took in addressing their issue. He expressed that the applicants were wrong to file a case to court without consulting other stakeholders of the decision makers on why LEGABIBO cannot be registered. Seemingly unprepared or uninformed of the case, little did he attempt to defend his argument.

 

Bachizi Kwele, a young gay man who came to offer support to LEGABIBO was very excited and eager to hear what the government has to say regarding the case, “ this is a step in history for us to achieve a huge mandate. It was mandatory for me to be here, to show support, to get my voice heard because for me to be recognized I have to step up and say, hey, i am here and i want to be recognized”.

 

Freedom of association is a fundamental human right for every group that shares the same interest and seek to engage in issues that affect them. Iranti-org is fully in support of the Lesbians, Gays and Bisexuals of Botswana and we will report on this case till the very end. The date for judgment is to be announced in time by the judge.

 

LEGABIBO FIGHTS TO BE REGISTERED

 

Lesbians, Gays and Bisexuals of Botswana

(LEGABIBO) demands that their rights be protected

 

15 March 2014

by Kokeletso Legoete

LEGABIBO of Botswan preparing placards

LEGABIBO members designing placards in preparation for the court case.
Photo by Gugu Mandla

 

Botswana. The LEGABIBO organization demands to be registered as an association group and not a group that promotes homosexuality or same-sex relationships. On 12 March 2012, their registration application was rejected by the Director of the Department of Civil and National Registration. Their application was rejected on the basis that the Botswana constitution does not recognise homosexuals and that the objectives of the organization are contrary to section 7(2) of the Societies Act.

 

According to LEGABIBO, the Botswana constitution outlines their protection for people's right to (i) freedom of expression and (ii) protection of freedom of assembly and association. As a legally recognised entitity, they will be able to associate and express themselves and work on their programmes more freely. The organization aims to provide an opportunity for lesbians, gays and bisexual to form part of an association providing human rights advocacy for increased protections.

 

The Botswana penal code lists homosexual sexual acts as offences in Division III: Offences against Morality: Section 164: “Any person who has carnal knowledge of any person against the order of nature or permits any other person to have carnal knowledge of him or her against the order of nature is guilty of an offence and is liable to imprisonment for a term not exceeding seven years”.

 

The case proceeds in the High Court on the 18 March 2014. LEGABIBO held a mini-vigil in solidarity with all other LGBTIQ people across the world whose rights are not recognised by their governments.

LEGABIBO at the Three Dikgosi Monument

LEGABIBO at the Three Dikgosi Monument for candle lighting.

Photo by Gugu Mandla

 

The vigil was held at the Three Dikgosi Monument on Sunday the 16 March. "The reason why we chose the Three Dikgosi Monument is because those chiefs are the basis of the country's independence. So, when they want all of us for independence, they want Batswana and not necessarily Batswana who are not LGBTI. They ask for the entire country... the message is that we are Batswana as well, we are the very same people these chiefs risked their lives for," said Caine, LEGABIBO co-ordinator.

 

Section 3 of the Botswana constitution states that "every person in Botswana is entitled to the fundamental rights and freedoms of the individual". LEGABIBO's right to register should not be different from the rights of all the other association groups.

 

Iranti-org stands with LEGABIBO in fighting for their right to be registered. The Iranti-org team is in Botswana documenting the advocacy and court proceedings.

 

 

 

 

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