LEGABIBO is a human rights advocacy group whose main objective is seeking legal and social rights for the LGBTQI+ community in Botswana.
The move according to LEGABIBO Chief Executive Officer (CEO), Thato Moruti, will ensure that the issues affecting key populations and general human rights advocacy are well articulated in Parliament.
The recommendation is part of the organisation’s recent submissions to the constitutional review commission. The commission recently finished collecting submissions (from various stakeholders) that will be used to guide the amendment of the constitution.
Responding to an inquiry (on LEGABIBO’s submissions) by Mmegi this week, Moruti emphasised that the organisation’s submissions are premised on the viewpoint of equality rights under the protection of fundamental rights and freedoms clause as well as the equal protection clause of the Botswana constitution.
In its submissions, LEGABIBO has also said that it is of the view that the Executive, specifically the Cabinet must be appointed from non-political persons.
“The appointment should be from professionals with specific expertise. For example, the minister of health should be someone with health expertise,” Moruti said.
The rights movement want the constitution to establish a constitutional court that will deal with contentions of the constitution, constitutional rights violations, and the enforcement of the constitution.
The CEO said: “The court would also be responsible for promotion of constitutional rights in the country. The constitution should lay out who sits in this court and what jurisdiction this court has. There is a need to empower Botswana’s protection and promotion of Human Rights.”
Moruti elucidated that although LEGABIBO did not make explicit submissions to the commission on the same-sex marriage subject, the organisation holds a stern view that marriage is a human right issue and thus, any consenting adult should be allowed to marry without any impediment. Following a court of appeal victory, which upheld a ruling which decriminalised same sex relationships last year, there were expectations that LEGABIBO will start pushing for the legalisation of same sex marriages.
He pointed out that just like heterosexuals, many lesbian, gay, transgender, and bisexual people are in long term and stable relationships and as such they should be allowed to marry liberally.
“Marriage is a commitment individual does to each other before the law and in some cases before God. However, for same-sex couples, they are not allowed to commit to each other before the law. Marriage is a very personal act that predominately affects the two people getting married and whatever family they have built or will build,” highlighted Moruti.
The CEO stated that one of the proposed amendments is that the Constitution should ensure that the right to health ensures that there is targeted health information, education, and training of health care workers to offer stigma free targeted services to all citizens.
LEGABIBO also want the right to ‘found a family of choice’ to be in the Constitution. This right according to Moruti allows every citizen regardless of race, sexual orientation, sex, ethnic group, gender identity and expression and age to form a family of their choice.
He pointed out that the right to found a family of choice will allow surrogacy and adoption for anyone in Botswana whether heterosexual or LGBTIQ+. This right will also allow establishment of fertility and sperm banks as well permit people to get into surrogacy arrangements according to the CEO.
Moruti further explained, “It is important to note that one of the most basic needs of any child is good welfare and security. This is less about their adopting parents being queer and more about their environment and safety. LGBTIQ+ families tend to be more secure before choosing to go through the adoption process, which leads to a better environment. Many children are put up for adoption because their birth parents don’t feel financially and at times psychologically secure to raise a child.”
Through its submission, LEGABIBO want civil and political rights to be granted to every individual without requiring assignment or disclosure of tribe, race, sex, sexual orientation, gender identity, gender expression or sex characteristics. The right should also provide for an easier and faster way of changing one’s identity documents without engaging on a long and expensive court process, Moruti said.
“ There is already precedence in Botswana through the “ND vs The Attorney General of Botswana” and “Tshepo Ricki Kgositau vs The Attorney General of Botswana”. Documents should be mindful of the fact that there are more than two sexes and gender identities and there is a need for self-determination of one’s gender identity (as the court have reiterated on the above-mentioned cases).
Furthermore, LEGABIBO assumes in its favour that when people want to change their gender marker in their identity documents, amongst others, the criterion could be a psychological assessment report from any licensed professional instead of other criteria such as an opinion from a third party or medical intervention.
