Bachelet
welcomes Botswana High Court decision decriminalizing same-sex relations
GENEVA (11
June 2019) – The UN High Commissioner for Human Rights Michelle Bachelet on
Tuesday warmly welcomed the decision by the High Court of Botswana to
decriminalize consensual same-sex relations between adults by striking down
relevant provisions of the country’s Penal Code.
The High Court
unanimously found sections of the Penal Code that criminalize same-sex
relations to be unconstitutional and a violation of human rights including
privacy, equality, liberty and dignity.
“This is a
landmark decision that should free lesbian, gay, bisexual and transgender
(LGBT) people in Botswana from the range of discriminatory sanctions and
practices arising from these highly problematic provisions in the Penal Code,”
the High Commissioner said.
“Punishing
people based on their sexual orientation has a deeply negative impact that goes
far beyond the risk of arrest and imprisonment. Criminalization contributes to
stigma and gives free rein to discrimination more generally, leading to lesbian,
gay, bisexual and, in some cases, transgender people being denied health care,
education, employment and housing,” she said.
Bachelet paid
tribute to the important role of an independent and impartial judiciary in
addressing injustice. “I congratulate Botswana on this landmark decision and
applaud LGBT organisations in Botswana and their allies for their courage and
vision. I encourage them to continue their work to ensure full social and legal
equality for all people in Botswana,” she said.
This decision
builds on previous positive judgments by the High Court and Court of Appeal in
Botswana, which have affirmed that LGBT people form part of the rich diversity
of any nation and are fully entitled to constitutional protection of their
dignity, privacy and equal protection before the law.
Botswana is
the ninth country over the past five years to have decriminalized consensual,
same sex relationships. Similar decisions have been made by courts and/or
lawmakers in Angola, Belize, India, Mozambique, Nauru, Palau, the Seychelles,
and Trinidad and Tobago.
ENDS
For more
information and media requests, please contact: Ravina Shamdasani - + 41 22 917
9169 / rshamdasani@ohchr.org or
Marta Hurtado - + 41 22 917 9466 / mhurtado@ohchr.org.
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