Human rights belong to everyone, the Lesbian, Gay, Bisexual, Transgender, Queer, Intersex and others (LGBTQI+) included. However, these groups are not only abused by some members of the community but also do not get protection from law enforcement. Mmegi Correspondent NNASARETHA

KGAMANYANE writes

Accordingto Success Capital Organisation founder, Dumiso Gasha, they continue to face challenges because of who they are. Gasha does not use the pronouns ‘him’ or ‘her’. Rather Gasha uses they/them/their.

Unlike most of us who prefer using pronouns such as she/he or her/him looking at our sexual orientation, Gasha like some members of the LGBTQI+ community, prefers using pronouns such as they, them and their. However, some LGBTQI+ members prefer being non-identifying and do not use pronouns but rather names.

Gasha is no stranger to discrimination, not just from the general public but also from law enforcement officials. They endured a police harassment incident whilst at a routine roadblock last year.

“Success Capital volunteers consistently get asked about their gender when presenting their national identity cards that do not necessarily look like how they present themselves.

“They continue being discriminated against in work places,” Gasha said.

They pointed out that this shows how ‘decriminalisation’ does not equate to equality or non-discrimination. Gasha added that they are consistently treated differently because of harmful gender norms, particularly patriarchal beliefs that erase their existence and variant forms of violence in their relationships, intimately, with their parents, friends and colleagues. They also pointed out that the wrong pronouns, hate speech, bullying and sexual abuse all play a role in how they have to navigate situations that have nothing to do with identity, but community, recreation, learning or even simply resting.

Success Capital, in collaboration with UNAIDS and other stakeholders, came together recently to commemorate the International Day Against Homophobia and Transphobia (IDAHOBIT) 2023 held at Travel Lodge in Gaborone. Gasha explained that IDAHOBIT was an important day to acknowledge and affirm the journey the LGBTQI+ have endured over time globally. They added that it marked the day the World Health Organisation declassified homosexuality as a mental health disorder.

Gasha pointed out that the commemoration allowed them to reflect and review the progress made and the challenges ahead. They further said there was increasing visibility of LGBTQI+-led organisations, reflecting a growing and diverse movement that helps reduce stigma and discrimination. They added that there were concerted efforts in partnership with the National Health and AIDS Promotion Agency (NHAHA) and the Global Fund to End AIDS, Malaria and Tuberculosis to remove human rights barriers to the HIV response, which includes eliminating stigma, discrimination and violence.

“Is it enough? No.

“There are many more ways in which a more holistic and equitable approach to sustain this work can ensure we strengthen equality and non-discrimination in the country.

“Discrimination is often hard to prove because it is legalised.

“It is acceptable for you to be denied meaningful and gainful employment because you are different.

“It can be something as simple as a gay man being considered too effeminate despite all attempts to hide who they are in formal settings.

“It can be me not being assisted professionally and rather being asked if I am in a relationship or how I have sex when I try certifying my Omang or education certificates.

“It can be a transgender woman who has to choose between buying groceries for the week or gender-affirming medicines to avoid being asked too many questions or having to take a cab at night to avoid uncomfortable and unsafe situations in public after knocking off late at night.”

Furthermore, Gasha explained that they are rarely assisted because people do not believe them, adding that when they have proof, it leaves more questions because the systems of justice (whether customary or civil) were never built to include them. They also stated that community centres in police stations have no confidentiality or enough adequately skilled personnel to assist survivors.

Gasha added that they are sent from pillar to post when seeking health care or any other service which shows that all those scenarios do not just affect LGBTQI+ but other Batswana who do not ‘fit’ into what a woman or man is considered to be in the eyes of society.

“There is a need to promulgate amendments that decriminalise same-sex intimacy, strengthen equality and non-discrimination to ensure that no one has to be discriminated against for any reason and we also need trauma-informed and LGBTQI+-led solutions that are owned and driven by us. “No one knows the pains and triggers we endure and have to live with better than us.

“Resourcing and enabling our leadership is what uplifts our movements and society.

“We bring joy and community wherever we are allowed to thrive. “A simple Google of any queer person who has contributed to society shows this.”

Gasha added that there was the need to recognise that violence, discrimination and stigma are mainly carried out by one’s own family, friends, workmates, and people they trust in addition to those they live, work and engage with at the mall, in public transport and society.

They pointed out that dating a person for who they are, whether one likes it or not, whether it was their business or not, was the one dehumanising aspect of discrimination.

They also said it took a long time for them to understand that it did not dehumanise them, but rather it dehumanises the one that has been taught to hate, the one that takes the time to type hate, ignorance and exercise bigotry because they were bothered by their existence. Gasha described that as the very opposite of what humanity, citizenship, and community are.

They added that they all had struggles and navigate a complex socio-economic environment, the traumas that come with who they are, are not a choice even when they hide and deny themselves their true expression and love.

“We consistently link and bridge different stakeholders with the community in our workshops, advocacy campaigns, and commemorative events,” Gasha said.

“We bring together traditional, elected and community leaders with social workers and other civil society to deliberate, educate and explore how we can tangibly improve the lives of all Batswana.

“When you include LGBTQI+ in decision-making, you immediately include others who are often excluded.

“Success Capital has ensured representation of LGBTQI+ from an indigenous, ethnic minority, disability, sex work and migrant communities because our sexuality and gender identity is only one aspect of who we are.

“I cannot cut off being non-binary from being black, young or of excellence.

“I come whole in complexity and am not defined by sexuality or gender as with any one of our constituents.”

Success Capital Organisation has developed an LGBTQI+ terminology booklet translated into four local languages because the organisation understands the importance of language in how they communicate, connect and engage in society. Gasha added that that was one of the ways they prioritised their community to navigate their own lives and surroundings.

For her part, a legal and human rights officer at the NAHPA, Diana Meswele said the Botswana government recognises partnerships and opened spaces for them. She explained that the Constitution of Botswana under Sections 164, 165, and 167 of the Penal Code that criminalised same-sex sexual conduct, used to discriminate against the LGBTQI+ community, sex workers and illegal immigrants.

Those sections prohibited anal sex and on June 11, 2019, the High Court declared that Sections 164 and 167 of the Penal Code violated the rights to liberty, dignity, privacy and freedom from discrimination in Botswana’s Constitution. She said through NAHPA and other relevant stakeholders, partnerships have given voice to the communities and engagements continue through civil societies. The partnerships have come up with strategies to give voice and urgency to the community and key populations.

“There are a number of strategies we have been working on towards fighting discrimination against the community,” she said in a panel discussion.

“We have been talking about issues of removing barriers to HIV, working with community networks, supporting you to have safe spaces and training health workers through sex workers networks as well as Men Who Have Sex with Men (MSM).

“We educate health workers to be sensitive when providing health services.

“We are targeting those who are left behind to give them services that are customised for them.”

Meswele added that they were also trying to make their public health delivery more sensitive. Even as all those strategies are said to be works in progress, she believes that with support from civil societies, the battle will be won. Speaking at IDAHOBIT, the United Nations resident coordinator to Botswana, Zia Choudhury said the country’s milestone of decriminalising same-sex relations should be applauded. He explained that something considered impossible could be achieved with civil societies and added that it was through such organisations that those discriminatory laws were repealed. Choudhury added that the UN’s primary plan was to continue engagements with the LGBTQI+ community even though it was not easy, was time-consuming, and needed one to be emotionally ready, open-minded and keep listening and engaging.

The High Commissioner and UK Special Representative to SADC, Sian Price said even though the support is available for the LGBTQI+ community, it is more about what these communities want rather than any agenda that may be perceived as being pushed by Western countries.

“The story is more effective when it comes from you, not about us imposing Western values on you.

“We have to find partners within SADC who can champion these programmes with us.

“We have seen more progress in Botswana.”