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Ian Khama

A BOTSWANA judge overturned a government ban on a gay rights lobbying group on Friday, a rare victory for African gay rights campaigners on a continent where homosexuality remains highly contentious.Justice Terrence Rannoane ruled that the Lesbians, Gays and Bisexuals of Botswana (Legabibo) would be allowed to register and campaign for changes to anti-gay legislation but reiterated that it was still illegal to engage in homosexual acts.

Rannoane said “refusal to register Legabibo was not reasonably justifiable under the constitution”.

“It is also not a crime to be a homosexual,” declared the judge.

He said government’s refusal to register the group had “violated the applicants’ rights to freedom of expression, freedom of association and freedom of assembly” under the country’s constitution.

“In a democratic society such as ours, freedom of expression, assembly and association are important values duly protected by our constitution,” Rannoane said.

“The decision to refuse Legabibo registration was taken under the mistaken belief that the applicants intended to engage in homosexual practice, which is a crime,” he added.

The ruling is likely to put pressure on the anti-gay agenda approved by President Ian Khama’s government.

Khama’s government has refused to distribute condoms in prison, citing the risks of increased homosexual acts, a move strongly opposed by Botswana’s HIV and Aids rights groups. The country has one of the world’s highest rates of HIV.

Under Botswana’s penal code of 1965, homosexuality is outlawed and punishable by a prison term of up to seven years.

Legabibo’s objective is to campaign for equal rights and decriminalisation of same sex relations.

Rannoane said lobbying for legislative reforms was not a crime.

Legabibo co-ordinator Caine Youngman hailed the court’s decision.

“It has been a long and arduous journey towards recognition and we are relieved that the court has protected our rights.”

Homosexuality is a crime in most African countries.

Homosexuality remains taboo in many African societies where some religious groups have branded it a corrupting import from the West. Nigeria passed an anti-gay law this year and Uganda is debating similar legislation.

South Africa is the only country on the continent whose constitution forbids discrimination on the basis of sexual orientation, and recognises same-sex marriages. — Reuters/AFP