UNAIDS applauds Botswana on fully repealing anti-LGBTQ+ law

GENEVA/GABORONE, 4 May 2026-More than six years after Botswana's courts struck down a ban on same-sex intimacy, the government has now formally removed the discriminatory provisions from the law.

On 26 March, the government published a notice amending the Penal Code by deleting references to "Unnatural Offences." Under the penal code, same-sex relationships were criminalised with sentences of up to seven years' imprisonment. This follows the High Court's 2019 ruling, which found that the provisions were unconstitutional and violated the rights of LGBTQ+ people, and was upheld by the Court of Appeal in 2021.

"This important step is a powerful move towards a more inclusive Botswana," said Umunyana Rugege, Human Rights lead at UNAIDS. "Criminalising same-sex sexual relations perpetuates an environment of discrimination and fear, making access to essential HIV services for LGBTQ+ individuals difficult. To protect everyone's health, we need to protect everyone's human rights."

UNAIDS commends the courage and leadership of Botswana, and urges countries with punitive laws to follow Botswana's example by addressing inequalities, stigma and discrimination, and all barriers that stand in the way of equitable access to health, HIV services, and the goal of ending AIDS as a public health threat by 2030.

A more just, equitable and compassionate world is a healthier one for all.