On 16 March, the Botswana Court of Appeal ruled that the refusal by the government to register LEGABIBO, an organization of lesbian, gay, bisexual, transgender and intersex (LGBTI) people, was unconstitutional. The Court of Appeal thus upheld the November 2014 decision of the Botswana High Court on this matter. In its ruling on the case, the Court of Appeal highlighted the potential role of LGBTI organizations in public health and HIV efforts and ordered the Registrar of Societies to register it.

The ground-breaking decision concludes a four-year legal proceeding initiated in February 2012, when several individuals filed an application for the registration of LEGABIBO as an organization under the laws of Botswana. The government denied their application, arguing, among other things, that LGBTI rights were not recognized by the constitution. Activists challenged the decision in court.

In November 2014, the High Court ruled that the government’s refusal to register LEGABIBO violated the rights to freedom of expression, assembly and association protected by the country’s constitution. This was the first time a high jurisdiction in Africa had upheld freedom of assembly and association for LGBTI people. The government appealed against the ruling.

In the lead-up to the United Nations General Assembly High-Level Meeting on Ending AIDS, to be held in June, the decision by the Botswana Court of Appeal highlights the importance of advancing zero discrimination and of creating a legal and political space for the protection and involvement of LGBTI people and other key populations in the AIDS response. 

LEGABIBO’s mission is to promote the recognition, acceptance and protection of all human rights of the LGBTI community in Botswana. One of if its main objectives is to promote sexual health among LGBTI people. 

Twelve United Nations (UN) entities have released a joint statement calling for an end to violence and discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) people. The joint statement highlights the UN’s inter-agency commitment on working with Member States to protect, respect and fulfil the right of LGBTI people to live free from violence, persecution, discrimination and stigma. It also calls on countries to repeal discriminatory laws.

LGBTI people face a wide range of human rights violations. The UN and others have documented widespread physical and psychological violence against LGBTI people in all regions, including murder, assault, kidnapping, rape and sexual violence, as well as torture and ill-treatment in institutional and other settings.

In many countries, the response to these violations is inadequate; in others, human rights defenders challenging these violations are frequently persecuted and face restrictions on their activities. The legislative framework can exacerbate the situation, with 76 countries criminalizing consensual same-sex relationships between adults. These laws expose individuals to the risk of arbitrary arrest, prosecution, imprisonment and even the death penalty in at least five countries.

Punitive environments that marginalize LGBTI people also create significant challenges in responding to HIV. Gay men and other men who have sex with men are 19 times more likely to be living with HIV than the general population, and HIV prevalence among gay men and other men who have sex with men is rising in certain regions, including Asia and the Pacific and Latin America. Transgender women are 49 times more likely to be living with HIV.

In addition to violating the fundamental human rights of LGBTI people, punitive laws severely restrict the ability of LGBTI people to access critical HIV and other health services. Service providers are often forced to stop working, owing to harassment or fear of prosecution.

The UN Secretary-General, Ban Ki-moon, re-affirmed his support for LGBTI rights with a message delivered during last year’s UN General Assembly. “The fight for human rights—and the fight against discrimination—lies at the core of the mission of the United Nations. The fight for equal rights demands global engagement. That is why the United Nations actively works to tackle homophobia and transphobia around the world,” he said.

The UN entities that have signed the joint statement on ending violence and discrimination against LGBTI people are: the International Labour Organization (ILO); the Office of the High Commissioner for Human Rights (OHCHR); the United Nations Development Programme (UNDP); the United Nations Educational, Scientific and Cultural Organization (UNESCO); the United Nations Population Fund (UNFPA); the Office of the United Nations High Commissioner for Refugees (UNHCR); the United Nations Children’s Fund (UNICEF); the United Nations Office on Drugs and Crime (UNODC); the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women); the World Food Programme (WFP); the World Health Organization (WHO); and the Joint United Nations Programme on HIV/AIDS (UNAIDS).

Read the joint statement

Message from UNAIDS Executive Director Michel Sidibé

GENEVA, 17 May 2015—We are living in a time of rapid social change. Lesbian, gay, bisexual, transgender and intersex (LGBTI) people are now reaching new frontiers and celebrating remarkable achievements.

Despite this transformation, acts of discrimination and violence continue against the LGBTI community.

We cannot tolerate picking and choosing rights in a modern society—a society where diversity is celebrated; a society where everyone, no matter where they live or whom they love, is able to live in peace and security; a society where everyone can contribute to the health and well-being of their community.

We can make this society a reality, but we will need global solidarity.

We did this when we fought against apartheid—and we won!

As we observe the International Day against Homophobia, Transphobia and Biphobia, I call on everyone to join the movement for social justice, equality and equity so that all people can live with respect and dignity.

This is the future I commit to—this is the future I embrace.

GENEVA, 18 November 2014—UNAIDS welcomes the recent ruling by the High Court of Botswana upholding the right of an organization that supports lesbian, gay, bisexual, transgender and intersex (LGBTI) people to register in the country.

In its groundbreaking judgement, the court held that the refusal by the government in 2012 to register the organization known as LEGABIBO (Lesbians, Gays and Bisexuals of Botswana) violates the rights to freedom of expression, assembly and association protected by the country’s constitution. The ruling represents the first time a high jurisdiction in Africa has upheld the freedom of assembly and association for LGBTI people.

“Through the courage of civil society organizations and the boldness of its judiciary, Botswana is sending an important message of inclusiveness and freedom,” said Michel Sidibé, UNAIDS Executive Director.

A valuable lesson learned in over 30 years of the HIV response is that civil society, particularly organizations of people living with and vulnerable to HIV, is essential to advancing health, dignity and development.

While Botswana has sharply increased access to antiretroviral therapy in the past decade, HIV prevalence in the country is still one of the highest in the world, at 21.9%. In response, Botswana is implementing a national strategic framework that includes the protection of human rights for all as a guiding principle.

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

Around 100 representatives of populations at higher risk of HIV infection from 18 countries in eastern and southern Africa are convening in Johannesburg, South Africa, from 17 to 19 November to discuss ways to improve access to HIV services.

Under the theme Close the Gap—Leave No One Behind, sex workers, gay men and other men who have sex with men, transgender people and people who inject drugs will engage in the first regional consultation for key populations in the region. During the meeting, the participants will share experiences and take stock of the remaining challenges.

During the 30 years of the AIDS epidemic, it has become evident that better and faster health outcomes are achieved through smart investment and community-centred systems that leave no one behind, noted UNAIDS Deputy Executive Director Luiz Loures.

People at higher risk of HIV infection contribute to substantial proportions of new HIV infections in some countries in the region. According to the latest Modes of Transmission study conducted between 2008 and 2010, sex workers and their clients, gay men and other men who have sex with men and people who inject drugs accounted for an estimated 33% of the total number of new HIV infections in Kenya, 26% in South Africa and 18% in Mozambique.

Daughtie Ogutu, Africa Coordinator for the African Sex Workers Alliance and a sex worker from Kenya, noted that countries can control the HIV epidemic only when all of its citizens, including people vulnerable to HIV infection, are guaranteed access to comprehensive HIV prevention, treatment and care services.

In the three days of the meeting, communities and development partners will focus their discussion around access to HIV prevention and treatment services, HIV-related stigma and discrimination and strategic information for people at higher risk of HIV infection. 

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