Botswana: Homosexuality under Fire

Inter Press Service
11-JUN-98

MAUN, (June 10) (AIA/GIN) - Church groups in Botswana last week launched a
vicious attack on gays and lesbians, labelling homosexuality "animalistic
and satanic." The attack came just weeks after an amendment to the Penal
Code which makes lesbianism a crime. 

The main thrust of the amendment, which was passed on April 30, was to
introduce stiffer penalties for rape and make sexual abuse gender neutral. 

But it also made homosexuality gender neutral which means lesbianism is
now an "offense against morality." Male homosexuality has traditionally
fallen under "carnal knowledge against the order of nature" which carries
a seven-year jail sentence. 

Men guilty of "any act of gross indecency with another man," meanwhile,
face up to two years in jail. Until now it has been unclear whether these
laws apply to women, but they do now, even though the terms "against the
order of nature" and "gross indecency" have still not been defined. 

The bill moved speedily through parliament and no one publicly objected to
the homosexuality clause until it had been passed. However, Ditshwanelo,
the Botswana Human Rights Center, did produce a statement on the bill as a
whole, saying the continued criminalization of sex between consenting
homosexuals "is not justifiable in an open and democratic society based on
freedom and equality." 

The center believes that criminal law should be used to prosecute rapists
and other criminals, not to discriminate against people on the basis of
sexual orientation. It also says that prosecution in terms of offenses
which are vaguely defined are unconstitutional. 

When the media printed these remarks and referred to a meeting at
Ditshwanelo on the issue, the preachers threw aside brotherly love and
came out fuming. 

A statement from the Evangelical Fellowship of Botswana, which represents
500 congregations, expressed "disgust" at the efforts of "so called
pressure groups and foreign elements to have our laws changed to
accommodate such animalistic and satanic acts under the pretext of human
rights." 

It called on "all Christians and morally upright people" to resist any
changes in the law and warned against the infiltration of "foreign
cultures" bringing moral decay and shame into "our respectable and
peaceful country." 

"Sodom and Gomorrah!" read the headline in the Midweek Sun, which quotes
one fellowship member saying that Ditshwanelo "is infiltrated by gays and
lesbians with the set aim of desecrating traditional African moral
values." 

In an earlier report, the Gazette mentioned a May Day meeting at
Ditshwanelo where "a discussion paper, believed to be Botswana's first gay
rights document, was put together." But it appears this meeting was
confidential and Alice Mogwe, Ditshwanelo director, says "I have no
mandate to discuss this issue right now." 

Other church groups exercised more restraint in their comments,
particularly the Anglican Church. A local pastor said he would not
excommunicate homosexuals from his church. Homosexuality will be a major
topic for debate at the Lambeth conference, the world's largest gathering
of Anglican bishops to be held in England later this year. There the
archbishop of Cape Town will present a report which defends homosexuality
and suggests it should be removed from the list of "sinful practices." 

The World Council of Churches, due to hold its general assembly in Harare
in December, is also expected to discuss the topic. 

Meanwhile, although homosexuality is illegal in Botswana in theory, there
has only been one court case in the past 10 years. 

In March 1995 a British citizen pleaded guilty to "indecent practices
between males" and was fined P1000 (about $300) by a local court. 

Though the accused considered fighting the homosexuality laws, he was
worried that the case could drag on for years and he couldn't afford the
cost. 

The man says he was treated well by the other inmates and "the guards
asked people what I was supposed to have done and then they said I
shouldn't be there." 

When the case came to court, the defense lawyer argued that the offense
was adopted from British law when Botswana's Penal Code was written and
that in Britain the offense no longer exists. 

But it appears it will be a long time before Botswana follows suit, and
attempts to start a gay and lesbian organization have so far been
unsuccessful. 

In 1994, after a spate of homophobic articles in the press, two men in
Gaborone decided to speak out. But not enough people felt free to come out
and help them form a group. 

Many gay men in Botswana remain in "hiding" having been driven underground
for fear of being condemned or losing their jobs, and many are married. 

"The pressure to marry is enormous," says one man. "You end up being a
'night' boy and doing it for money." And while male homosexuality is
acknowledged if not accepted, lesbianism is almost unheard of. 

"No one would even believe such a thing," says one gay man. "They are much
more in the closet than we are." 

The introduction of the Penal Code amendment and the savage attack by
church groups means it will be even harder to speak out. Though a gay
rights group looks more likely now than ever before, "there has been a
backlash before we are even ready," says one man. But if an organization
does get off the ground then perhaps, for the first time ever, people in
Botswana will be able to celebrate International Gay Pride Week to be held
elsewhere this month."