Botswana's Court of Appeal on Monday
upheld a ruling that decriminalized gay sex in the southern African
nation.
The nation's High Court in 2019
unanimously ruled that criminalization violated the constitutional
rights of people who identify as LGBT.
The Botswana government appealed the
decision.
Five justices unanimously disagreed
with the government, saying that the nation's law “violated the
right to privacy … the right to liberty, security of person and
equal protection under the law … and the right to freedom from
discrimination” under the nation's constitution.
Before the 2019 ruling, gay sex in
Botswana was punishable by up to seven years in prison.
Reuters reported that LGBT rights
activists at the court cheered the decision.
“This will forever change the
landscape of democracy, human rights and equality in Botswana,”
Sethunya Mosime of the Lesbians, Gays, and Bisexuals of Botswana
(LEGABIBO) is quoted as saying by Reuters.
“This case has tested Botswana
democracy and independence of judiciary. We can strongly say Botswana
is a true democracy,” Mosime added.