Advocacy

LEGABIBO STATEMENT ON THE 2025 STATE OF THE NATION ADDRESS

Nov 19, 20256 min read

The Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) welcomes the 2025 State of the Nation Address (SONA) delivered by President Advocate Duma Gideon Boko under the theme “The Steady Path: Delivering on Our Promise, One Step at a Time.” We recognise the government’s stated commitment to constitutional reform, social protection and universal health coverage as crucial pathways to justice and equality for all people living in Botswana.

However, as an organisation mandated to advance the human rights, dignity, and equality of all people regardless of sexual orientation, gender identity, or expression, LEGABIBO notes with concern the absence of explicit commitments to address gender-based violence (GBV), intimate partner violence (IPV) and the structural inequalities that perpetuate discrimination on the basis of gender and sexuality.

1. Gender-Based Violence and Intimate Partner Violence

While the President’s address emphasised social protection and inclusion, there was no direct mention of the gender-based violence crisis that continues to claim lives and deny countless Batswana - especially women, girls, and LGBTQIA+ people - their right to live free from violence.

We call upon government to:

● Table and enact comprehensive GBV and hate crime legislation that recognises and protects all people, including LGBTQIA+ and gender-diverse individuals.
● Strengthen survivor-centred services that integrate mental health, legal aid and shelter support, ensuring inclusion for people of all gender identities and sexual orientations.

● Ensure that GBV prevention and response are explicitly integrated into the forthcoming Social Protection Policy and Universal Health Coverage framework.

2. Constitutional Reform

LEGABIBO welcomes the announcement of the Constitutional Amendment Bill and the planned nationwide constitutional review. This process must be inclusive, transparent, and human rights-based.

We urge government to:

● Guarantee meaningful participation of marginalised groups - including women, LGBTQIA+ people and people with disabilities - in the constitutional consultations.
● Ensure that the revised Constitution enshrines equality and non-discrimination on the grounds of sexual orientation, gender identity, gender expression and health status.

● Establish the Constitutional Court as a guardian of human rights and democratic values, ensuring that all people can seek justice without fear or prejudice.

3. Repeal of Section 167 of the Penal Code

LEGABIBO reiterates its call for the full repeal of Section 167 of the Penal Code, which is an ambiguous text that continues to criminalise expressions of same-sex intimacy despite the 2021 Court of Appeal decision affirming the unconstitutionality of Sections 164 and 165.
This outdated provision remains a tool of stigma, discrimination and violence against LGBTQIA+ people. Repealing Section 167 would demonstrate the government’s commitment to human rights, and align national law with the spirit of equality and dignity envisaged by the Constitution. It would be a clear demonstration of Botswana’s regional leadership in human rights reform.

4. Sexual and Reproductive Health and Rights (SRHR)

LEGABIBO commends the Government of Botswana for its continued commitment to health sector reform, including the goal of raising the Universal Health Coverage (UHC) Index from 55 to 75 within the next five years and introducing a sustainable National Health Insurance scheme. These are critical steps toward realising the right to health for all.

However, the process of re-engineering the national health system must fully integrate sexual and reproductive health and rights (SRHR) as an essential component of UHC. This includes the right to safe, legal, and accessible abortion services, as well as gender-affirming healthcare for transgender and gender-diverse persons. Without these, universal health coverage remains incomplete and exclusionary.

The current legal and policy framework continues to deny many Batswana, particularly young women, low-income people and LGBTQIA+ individuals, access to safe abortion, post-abortion care and gender-affirming services. Restrictive laws and stigma not only endanger lives but also deepen inequality and perpetuate social injustice.

LEGABIBO therefore calls for:

● Comprehensive reform of the termination of pregnancy framework, to expand legal grounds for access and ensure that abortion and post-abortion care are available, affordable, and delivered in safe, confidential and non-judgmental settings.
● Inclusion of gender-affirming healthcare services - including counselling, hormone therapy and surgical options - within the essential health benefits package to guarantee equality, dignity and bodily autonomy for transgender and gender-diverse people.

● Integration of comprehensive sexuality education (CSE) and gender diversity education into the national curriculum, equipping young people with the knowledge, values and agency to make informed choices, prevent unintended pregnancies and reduce gender-based and sexual violence.

Ensuring that SRHR and gender-affirming care are recognised as fundamental components of health reform is not only a matter of public health - it is a matter of human rights, gender justice and equality.

5. Human Rights, Justice, and Inclusion

LEGABIBO acknowledges the President’s reaffirmation of the government's commitment to good governance, the rule of law and respect for human rights. These principles form the foundation of a democratic society and are central to Botswana’s national identity. However, these values must be reflected not only in rhetoric but in tangible and measurable protection for all people, including those whose identities, bodies and lived realities have historically been marginalised or excluded from state recognition and protection.

True democracy and the rule of law require that every person - regardless of sexual orientation, gender identity, gender expression, or sex characteristics - can live free from discrimination, access justice and participate fully in public life. Yet, for many LGBTQIA+ people, structural and legal barriers continue to undermine these rights, perpetuating inequality and invisibility within public systems and institutions.

LEGABIBO therefore calls for:

● Mainstreaming of LGBTQIA+ inclusion across all sectors of governance - including health, education, employment, justice, and housing - through the adoption of inclusive policies, diversity-sensitive service delivery, and anti-discrimination frameworks.
● Meaningful participation of LGBTQIA+ persons and civil society in all national policy and law reform processes, including the envisioned constitutional review, to ensure that the voices of marginalised communities are included in shaping the future of Botswana’s democracy.

● Full legal recognition of gender identity through the introduction of legislation that enables transgender and gender-diverse people to change their names and gender markers on official documents through a simple, administrative process. This must be done without invasive medical, surgical or judicial requirements, in line with international human rights standards and best practice.

● Public education and leadership accountability to promote understanding, challenge stigma, and foster a culture of equality and respect for diversity within all arms of government and society.

Ensuring that equality is not selective but universal will be the truest measure of Botswana’s democratic renewal. Inclusion is not a favour, but a constitutional and moral obligation.

Conclusion

LEGABIBO reaffirms its commitment to working collaboratively with government, Parliament and civil society partners to advance Botswana’s human rights agenda and deepen democratic inclusion. The vision of transformation articulated in the 2025 State of the Nation Address must be one that leaves no one behind - a Botswana where equality, dignity and justice are lived realities for all.

As the nation walks “the steady path” of reform and renewal, we urge leadership to embrace feminist governance, intersectional justice and inclusive policymaking as guiding principles for national progress. The strength of our democracy will be measured not only by the prosperity of its majority but by the protection and empowerment of its most marginalised.

Only through deliberate inclusion, bold legislative reform, and unwavering commitment to human rights can Botswana truly deliver on its promise of equality and justice for all.