Both female and male same-sex sexual acts have been legal in Botswana since 11 June after a unanimous ruling by the High Court of Botswana. Employment discrimination on the basis of sexual orientation has been banned since in Botswana, making it one of the few African countries to have such protections for LGBTQ people.
Homosexuality and same-sex relations have been documented among various modern-day Botswana groups. In the 18th century, the Khoikhoi people recognised the terms koetsire , which refers to a man who is sexually receptive to another man, and soregus , which refers to mutual masturbation , usually among friends. Anal intercourse and sexual relations between women also occurred, though more rarely. The San people similarly did not regard homosexuality negatively, and various rock paintings depicting anal intercourse between men exist to this day.
The Tswana term matanyola , which literally translates to "anal sex", has long been used to refer to men who have sex with men. Prior to colonisation, Tswana society did not share the Western concepts of sexuality and gender. Many Tswana men would have sex with men, but also have wives.
Homosexuality was not viewed as an antithesis to heterosexuality. Indeed, there was widespread liberty to engage in sexual activity with both men and women. This relative openness and indifference towards homosexuality disappeared after Botswana then known as the Bechuanaland Protectorate became a British protectorate in the 19th century and began enforcing Victorian era laws and social policies. Same-sex sexual acts became legal on 11 June Previously, sodomy , whether heterosexual or homosexual, was criminalised, punishable by up to seven years' imprisonment.
The law criminalising such sexual activity applied to both men and women. Initially, its application was limited to men only similar to other colonies of the British Empire , however, a Botswana court found this to be discriminatory and that the law should apply to women as well. Although same-sex sexual acts remained illegal until June , [ 9 ] their prosecution was rare according to a publication. On March 30th , the Gaborone City Council unanimously approved a motion calling for the repeal of Botswana's criminalisation of same-sex sexual acts.
