Botswana

• BOTSWANA: ‘Anti-rights groups are emerging in reaction to progressive gains’

  As part of our 2019thematic report, we are interviewing civil society activists and leaders about their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks to Dumiso Gatsha, a young LGBT rights activist and founder of Success Capital Organisation, a youth-led civil society organisation (CSO) that supports civic action and promotes the rights of LGBTQI people.

  How significant was the June 2019court decision that decriminalised homosexuality in Botswana?

  The High Court ruled that colonial-era laws criminalising same-sex relations are unconstitutional. The judges said penalising people for who they are is disrespectful, and the law should not regulate private acts between consenting adults. One of the contested sections of the penal code, Section 164, is about ‘unnatural offences’, defined as “carnal knowledge against the order of nature,” which essentially applied to gay sex, although it was up to the courts to define what unnatural acts meant, and it could theoretically also apply to heterosexual activities seen as ‘unnatural’.

  This ruling is very significant on two fronts. The first is that this decision eliminates the risk of persecution altogether. Although the prohibition was not necessarily implemented by law enforcement agencies, it could have been, as it added elements of uncertainty and arbitrary treatment. The second is that it essentially provides an avenue for building protections and safeguards in health, employment, business, governance, service delivery and, more importantly, eliminating systemic stigma and discrimination.

  Was civil society in Botswana instrumental in bringing about this decision?

  Yes. Civil society, and LGBT civil society more specifically, has been very active since the 1990s. But when I started out there were still few activists that were well known. I came to Botswana in 2012 and there were only one or two notable activists, while now, only seven years later, there are five new LGBT-led organisations. A lot of them work on HIV/AIDS response, because a lot of funding goes to this kind of work.

  Litigation for decriminalisation was led by civil society, on behalf of a young gay man. Procedurally, only an individual can bring such a challenge to the courts, not an organisation. The most progressive of recent court cases, in terms of gender marker changes, were led by people. Civil society partnerships helped ensure financial and technical assistance.

  However, it is very difficult to bring the rest of the community along with these advances: yes, you achieve decriminalisation, but decriminalisation does not mean protection or mean it will be any easier for people to navigate difficult conversations about sexual orientation and gender identity with family members or educators, or in the workplace.

  Has the court decision prompted any backlash against LGBT rights?

  I think society is divided, and attitudes may take longer than laws to change. In this context, a new opposition populist party has used this issue as a populist tool. The ruling political party initially said that it would abide by the court decision and it backed non-discrimination. The current president had previously released a statement commemorating 16 days against gender-based violence and spoke about discrimination experienced by people in same-sex relationships. This was the first time a sitting head of state publicly recognised and acknowledged the gay community affirmatively in an African country that criminalised same-sex intercourse. Previous administrations had maintained a position of not persecuting people. In that sense, the state was always perceived as being a bit more progressive than the social majority or the rest of Africa. I think the state has long resorted to silent diplomacy on issues considered ‘progressive’.

  What changed after the High Court ruling, and lead to the state deciding to appeal, was that the new opposition party saw an opportunity to use the ruling to seek votes. They blamed the current president for singlehandedly decriminalising same-sex intercourse. Given the intolerance in public opinion, it was an opportunity to appeal to the majority. This turned into a political issue rather than one of rights, particularly because this new political party is backed by a former president. This was the first time ever in Botswana’s living history that LGBT issues were used within an intentionally populist narrative.

  This did not happen in isolation. Since the court ruling, religious institutions, mostly evangelical groups, became more vocal in their intolerance of LGBT people. It was surprising to us. We didn’t quite expect this. Public statements were released, including some stating that they would be appealing against the court ruling. They perceived this court ruling as an avenue for same-sex marriage and adoption of children by LGBT people.

  Why did this take you by surprise? Weren’t anti-rights groups present in the public sphere before?

  Regarding the court case, which took almost two years, evangelical groups and other religious actors remained silent for the most part. They wouldn’t really talk about it. It didn’t seem to be an issue for them at all. They didn’t bother building a whole narrative around or against it. That is why it was surprising that when the court decision was made public, all this opposition materialised. Some churches that had never released public statements on anything are now doing so. It isn’t just evangelical churches, although they have been probably the ones taking the lead. Catholic and Methodist churches have become quite intolerant, and vocally intolerant, as well.

  While some civil society actors, including human rights groups, that we thought would be supportive, remained quite passive, anti-human rights groups have been increasingly active, using LGBT rights as a populist tool, by taking advantage of the dynamics regarding ‘immorality’ that prevail among the public – in other words, of the fact that many people are simply anti-LGBT by default, with no critical thinking.

  I think that populist anti-rights groups are emerging in reaction to progressive gains. This is the Trump era, with its atmosphere of nationalism and regressive thinking. Regarding women’s sexual and reproductive rights and LGBT rights, US right-wing organisations are exporting their ideas to other parts of the world, including Africa. Fortunately, however, Botswana has historically been a peaceful society where it has not been easy for populist discourse to grow, and we are not seeing the growth of the same political populist narrative that has gained ground in other African countries or, for instance, in Eastern Europe. Botswana’s political landscape does not include extremist parties, either on the left or right. Major parties are all in support of LGBT rights and their leaders are quite progressive. There was an assumption that the negative political use of LGBT issues would work, but it is not clear that it has. However, society itself isn’t very accepting, and religious institutions are indeed perpetuating homophobia and intolerance.

  What’s next for LGBT civil society in Botswana, after achieving decriminalisation?

  Even if the High Court ruling survives the appeals and any other further legal challenges, a gap will remain. There have been some fragments of civic action aimed at educating people on LGBT issues. There is an urgent need to work on changing the hearts and minds of people. More importantly, there is a lot of work needed in moving LGBT people from surviving to thriving, especially in issues of efficacy, agency and having an influence within their communities. We focus on the individual and their access to rights, because rights are not really effective if they cannot be exercised at key touch points of service delivery, such as in a police station or a clinic. The community needs healing, at individual and collective levels. There has been a lot of pain and harm, even within activism.

  What challenges do LGBT civil society face in doing this work, and what kind of support does it need?

  A lot of advocacy strategies and narratives are pre-determined and attached to funding. There is a lot of gatekeeping in terms of the narratives that are considered relevant and valid, and therefore granted access to funding and to policy-makers. The main narrative currently appears to be around public health, and it is very difficult for new organisations to establish new narratives and still gain access to funding. If you are not operating under the umbrella of a much larger body, it is difficult to scale up advocacy work. This structure of opportunities has a strong impact on how creative and collaborative civil society can be while remaining sustainable.

  I think this has to stop. We need to move towards a community-led narrative. This is how we will get the best results in terms of transforming people’s hearts and minds. In that regard, there is a need to strengthen the intellectual body of knowledge of LGBT communities and decolonise our institutions, because a lot of our conversations are in fact based on Western narratives. We also need to rethink the narratives used for campaigning. The narratives that have been used so far are based on the assumption that the human rights-based approach works, without any reflection on the need to adapt the language in a way that resonates with people and makes issues easier for people to digest.

  In sum, I would say it is very important to diversify both the forms of advocacy that are undertaken and the ways that they are being supported.

  Civic space in Botswana is rated as ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with Success Capital Organisation through theirwebpage andFacebook profile.

• BOTSWANA: ‘We must strategise so that we don’t merely react to crises and anti-rights action’

  CIVICUS speaks about the struggle for LGBTQI+ rights in Botswana with Dumiso Gatsha, an LGBTQI+ activist and founder of Success Capital.

  Success Capital is a youth and feminist-led organisation working to strengthen youth agency and autonomy in human rights and sustainable development while challenging power, privilege and patriarchy through intersectionality. Its approaches include participatory research, peer-to-peer knowledge sharing and advocacy.

  Has the 2019 High Courtruling that decriminalised same-sex relations led to improvements?

  The 2019 ruling had structural effects: by declaring the criminalisation of same-sex intimacy unconstitutional, it eliminated not only the possibility of prosecution but also the excuse that was often used to exclude LGBTQI+ people from service delivery. It affirmed our existence as Batswana, Africans and people and heralded a new field of untapped opportunities for improving the lives of all people in Botswana, not only LGBTQI+ people.

  Documented instances of violence against queer people in social settings, hate speech and intolerance online have increased. This doesn’t mean violence itself has increased – only that it is now more visible. Decriminalisation has improved the environment to report on and seek redress for human rights violations, injustices and inequities.

  However, there has also been backlash, and violence may be on the rise as a result of the higher visibility, agency and advocacy by LGBTQI+ people.

  It’s true that in Botswana there weren’t any immediate negative reactions to the High Court ruling, unlike in countries such as Kenya or Namibia, where progressive judgements elicited immediate protest action. But, reflective of wider and broader anti-gender ideology influences, earlier this year there have been protest marches led by churches, a whole four years after the High Court ruling. This means that for those opposed to LGBTQI+ rights, the matter is far from settled.

  The anti-rights reaction was triggered by a member of parliament’s request to consult with churches on the procedural steps parliament needed to take to amend the Penal Code in line with the 2021 ruling by the Court of Appeal that upheld the High Court’s decision. From what we understand, this ruling was needed to finally put the matter of decriminalisation to rest, having ensured that all processes had been exhausted within Botswana’s jurisdiction.

  Representatives of churches and members of parliament questioned the very essence of our democracy. They publicly threatened politicians in a pre-election year, bringing confusion about the democratic process and denouncing our existence as citizens who have rights.

  The strength of the backlash despite the time that has passed shows that decriminalisation is only the beginning. It is not the solution or end point in fulfilling human rights, but it serves as a basis for much-needed interventions in social, cultural, institutional and public participation spaces.

  How has civil society, and your organisation in particular, responded?

  Fighting back has been a slow and protracted process because of limited resources. Botswana’s higher middle income country status and narrow avenues for civil society engagement have meant that the gains made from decriminalisation could not be strategically amplified across the human rights, sexual and reproductive rights and democratic landscape.

  Success Capital has less than five per cent of the resources that more prominent civil society organisations have. This means grassroots, hidden and hard-to-reach communities and constituents are left behind – notably in more rural, climate-affected and impoverished areas, where queerness, migrant status, disability, sex work status and being an ethnic minority are all second to socioeconomic status and the need to secure a livelihood.

  Our constituents didn’t feel threatened by the anti-LGBTQI+ protests, which is reflective of their resilience and agency. But this was a moment to gauge how unprepared philanthropy is to respond to backlash and regressive attempts. I was shocked when a funder asked me what I was doing about it while knowing full well that they had delayed disbursing funds aimed at removing human rights barriers for LGBTQI+ people.

  Still, we commemorated Pride and helped host the Changing Faces Changing Spaces conference organised by the East African Sexual Health and Rights Initiative, for which we helped secure visas and provided advice to LGBTQI+ people and sex workers from across Africa. We worked in solidarity with East African groups in the context of increasing anti-LGBTQI+ sentiments, engaged in strategic policy-oriented dialogue with other civil society leaders, made a solidarity visit to Namibia and networked to ensure that we would be prepared for whatever came next. None of this was externally funded – it was pure feminist decolonial action underpinning our belief in our own freedom, with or without decriminalisation.

  Has there been any change in the state of public opinion in Botswana on LGBTQI+ rights?

  The Afrobarometer survey has noted some improvements in public opinion, but intolerance and hate speech remain prevalent. National-level data is not always reflective of the situation in local and grassroots communities. Language, socioeconomic status and the availability of services all contribute to how people in Botswana participate and perceive different issues.

  For example, in our own community engagements in rural locations we have noted that abortion is mostly accepted on the basis of an understanding of the challenges experienced by many who end up pregnant. However, more than one abortion is frowned upon. And we see similar nuances across sexual orientation, sex characteristics and gender identity issues. For instance, feminine queer men tend to be tolerated more than trans women, as are masculine lesbian women giving birth, while bisexual men are emasculated online. Social parameters are too wide to be readily captured without meaningful resources and political will to ensure all LGBTQI+ people are included in state policy and programming.

  Have you experienced any negative repercussions from your work?

  Yes. Invitations have been rescinded and scrutiny increased. We are policed on who can be invited to take part in social participation mechanisms that include government officials. We are denied an audience despite fulfilling all the necessary steps in writing invitations, submitting proposals and following up through the hierarchy. For instance, we applied for approval for civil society participation in the 2023 World Bank-International Monetary Fund Spring meetings, and despite receiving permission from parliamentary caucuses, a ministry interrogated us on what we wanted to do and why we wanted to attend.

  We had our email address blocked to prevent us submitting future statements to the United Nations. We have been denied funding for being too radical, and calling out funders has not really worked for us.

  I’ve had several encounters with law enforcement. The first happened when a fellow volunteer was strangled and I recorded audio of the incident before police confiscated my phone. We are exploring a case on this at the moment. The second happened when a trans colleague was questioned because how she presented was not the same as the gender stated on her identity card. And more recently, we were told of plainclothes police in non-branded cars patrolling and possibly shooting people who don’t stop on highways when instructed to in the middle of nowhere. This kind of policing is harmful, unlawful and abusive, and is being used to target LGBTQI+ people without any accountability.

  Where do these restrictions come from?

  Some restrictions we’ve faced reflect a regional landscape in which LGBTQI+ networks have shut down, limiting representation, and a global trend in which eligibility, visa and logistical support have only worsened, limiting civil society participation in advocacy and governance mechanisms.

  Civil society in Botswana is not immune from these trends. Even within the Global Fund mechanism, the most prominent enabler of those fighting for sexual health rights, delays have taken up most of the current financial year, compromising eight months of service provision.

  I think we are underestimating the reach of anti-rights groups. Although global anti-rights influences have existed for decades, domestic counterparts have recently grown emboldened and are increasingly well resourced. Botswana’s higher middle income country status reflects a skewed and unequal income distribution and hides the fact that the few with capital and wealth side with the conservative, morally driven powerholders and are not afraid to deploy their influence against human rights activists. Criminalisation is good business for the politicians that also run corporations. Inequality is good news for those with means and power to subjugate those left behind.

  How do you connect with LGBTQI+ rights movements abroad and internationally? What international support do you receive, and what further support do you need?

  LGBTQI+ activists are dynamic and diverse. Success Capital has always engaged in collaborative knowledge sharing, linking with other initiatives and sharing the space in advocacy sessions, side events and mobilising actions. We take pride in unearthing young, emergent and nascent activists and movements that operate in the margins and sharing our platform with them. This helps us continue and challenge conversations in rooms we can’t access or engage in.

  Since decriminalisation, international support has been quite high. It has, however, been skewed. It has followed a hierarchy that’s reflective of wider trends, with more institutionalised groups having easier access to funding and benefitting from the development industrial complex the most. Grassroots organisations continue to be left behind, lacking institutional or long-term funding.

  Solidarity is like sunshine – everyone deserves some. That’s why the ecosystem needs to be steered towards collaboration. And it must focus on strategising so that we don’t merely react to crises and anti-rights action, but we take the initiative in the struggle for our rights.

  Civic space in Botswana is rated ‘obstructed’ by theCIVICUS Monitor.

  Get in touch with Success Capital through itswebsite orFacebook page, and follow@ProSuccessBW on Twitter.

• CIVICUS stands with indigenous peoples and calls for a new social contract

  #IndigenousDay: Across the world, indigenous peoples continue to face marginalisation & exclusion. Moreover, those seeking to protect their lands, natural resources, & rights are being persecuted.
  
  A new social contract is needed, our statement: https://t.co/UVpQKNixFb pic.twitter.com/bSaDUwAjwe

  — CIVICUS (@CIVICUSalliance) August 9, 2021

  Global civil society society alliance, CIVICUS, stands in solidarity with  indigenous peoples in celebrating the International Day of the World's Indigenous Peoples on 9 August, which this year is calling for a new social contract that puts the voices, needs and concerns of indigenous peoples at the forefront. 

  Since 1994, the International Day of the World's Indigenous Peoples marks an opportunity to celebrate Indigenous Peoples, and provide an opportunity to raise awareness on critical issues relevant to indigenous peoples.

  Across the world, indigenous peoples marginalised and excluded by governments from participating in public affairs. They routinely face evictions from their lands without compensation, and are currently impacted by the harshest consequences of climate change. Moreover, human rights defenders seeking to protect and promote the human rights of indigenous peoples continue to be killed, intimidated, and harassed for defending their indigenous land and natural resources, and for advocating for the rights of indigenous communities.  

  On 20 April 2021, Liliana Pena Chocue was killed by unidentified individuals in Colombia. In February 2021, two other indigenous rights defenders. Yenes Ríos Bonsano and Herasmo García Grau were killed in Peru. All three were members of Indigenous patrol and forest control groups.

  Across the world, indigenous peoples communities have had their lands appropriated for development projects without their consent. These include the Himba community in Namibia, Biafra Indigenous People of Nigeria, Basarwa in Botswana, Benet and Batwa in Uganda, Ogiek and Endorois in Kenya, to name just a few. 

  The UN Declaration on the Rights of Indigenous Peoples gives indigenous peoples the right “to maintain, protect and have access to their ancestral lands, religious and cultural sites. 

  CIVICUS stands in solidarity with indigenous communities across the world that continue to experience human rights violations from state and non-state actors. In this regard CIVICUS supports the demands of Sengwer indigenous people of Kenya to regain their ancestral lands at Embobut. CIVICUS stands with Batwa indigenous peoples in the Great Lakes region, the Baka and Bagyelis in Cameroon who remain vulnerable, marginalised, and landless with no compensation following the eviction from their ancestral lands by their governments.

  “In this period of the United Nations 2030 Agenda, focusing on Sustainable Development, and specifically, its pledge of “leave no one behind”, every stakeholder must ensure that indigenous peoples are not left behind in every process of development, including promoting and protecting their rights, if SDGs are to be effectively achieved,” said Paul Mulindwa CIVICUS’ Advocacy and Campaign’s Lead for Africa.

  As we celebrate the International Day of the World's Indigenous Peoples, CIVICUS calls on state and non-state actors to 

  1. Carry out independent investigations into the killings of all indigenous rights activists this year and hold the culprits to account. 
  2. Ensure that the rights and identities of indigenous peoples are recognised and respected at all times 
  3. Ensure that the benefits from commercial or development projects done in their ancestral lands are shared with affected communities 
  4. Empower indigenous peoples and their future generations to break the social, legal, political, and economic barriers that have kept their communities from the benefits of development and transformation taking place in Africa
  5. Guarantee effective consultations with Indigenous Peoples to obtain their free, prior and informed consent for decisions that affect them.
  6. Ensure effective participation and inclusion of indigenous peoples in public spheres.
  7. Promote and protect the land rights of indigenous peoples by ensuring clear land tenure systems that promotes communal ownership.
• Widespread arrests, attacks and legal restrictions facing LGBTQI+ activists across Africa finds new report

  

  Widespread arrests, attacks and legal restrictions facing LGBTQI+ activists across Africa finds new report

  Johannesburg | 4 July, 2023

  • Same-sex relations criminalised in at least 27 countries south of the Sahara
  • Organisations shut down and offices raided for their work on LGBTQI+ rights
  • Widespread bans on the publication of information on gay rights
  • Anti-LGBTQI+ laws and practices disproportionately impact other excluded groups including women, children and victims of abuse 

  From Uganda to Cameroon, LGBTQI+ activists face significant restrictions due to the prevailing social, cultural and legal attitudes towards homosexuality and gender identity. A new report by CIVICUS, Challenging Barriers: Investigating Civic Space Limitations on LGBTQI+ Rights in Africa, looks at some common challenges faced by activists and civil society groups in countries south of the Sahara.

  Many African countries have laws that criminalise same sex activity. The laws, often remnants of colonial era legislation, can be used to target and prosecute LGBTQI+ individuals, including activists. Penalties range from fines, imprisonment to even the death penalty in some countries. 

  Limited legal protection in many African countries offers little or no protection against discrimination based on sexual orientation or gender identity. This lack of protection makes it difficult for activists and civil society groups to advocate for equal rights or seek justice when they face human rights abuses. The offices and activities of civil society organisations advocating for LGBTQI+ rights have been either raided or shutdown in Uganda, Burundi, Rwanda and Cameroon.

  Attacks against people who identify as LGBTQI+ are common in countries such as Benin, Cameroon and Kenya. In Cameroon since 2022 there have been over 30 recorded cases of violence and abuse against LGBTQI+ people, while in Kenya sexual minority groups face escalating homophobic attacks. In January 2023, following a series of killings in 2022, unknown assailants murdered and dumped the body of LGBTQI+ activist Edwin Chiloba. Chiloba’s death, which many linked to his sexual orientation sparked public outrage, with civil society groups and members of the public denouncing the murder and calling on the authorities to bring those involved to justice.

  “With the escalating hostility towards the LGBTQ+ community in Africa, this report sheds light on the grave reality faced by many, and compels us to challenge prejudice, and advocate for equality - especially for the most marginalised. Governments must ensure equal protection for all people in accordance with their obligations on non-discrimination under international human rights law. We implore governments to take robust measures to safeguard the rights and well-being of all people, regardless of their sexual orientation or gender identity,” said Sylvia Mbataru, CIVICUS’ Civic Space Researcher for Eastern & Southern Africa.

  Censorship and restrictions on freedom of peaceful assembly have contributed to a deteriorating environment for activists. In several countries, the publication and dissemination of material on LGBTQI+ issues face strict editorial controls and bans. CIVICUS also documents how protests are being suppressed, including the use of various laws to deny permits for public demonstrations, specifically targeting LGBTQI gatherings.

  Despite the hostile environment in many countries, civil society groups continue to advocate for LGBTQI+ rights and score important victories. The report also documents  a number of positive developments including the decriminalization of same sex relations in Botswana and Gabon, as well as a recent Supreme Court decision in Namibia to recognise same-sex marriages concluded abroad between citizens and foreign spouses.

  The report concludes by demonstrating the impact of civic space restrictions against LGBTQI+ groups, and shows how the ramifications of these restrictions also affect other excluded groups including women and children.

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