Our laws are archaic

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The news that a man has been convicted under archaic anti same sex legislation is a reflection of how Botswana is still very far removed from the progressive world.
The man was sentenced to a three and half years jail sentence, two years of which have been suspended for three years, after being tried for sleeping with another man.
Gay rights activists around the world will greet this news with dismay after only two months of celebrating a landmark court ruling that deemed it as unconstitutional to not register, gay rights group, Legabibo (Lesbians, Gays and Bisexuals of Botswana)
The court dismissed government’s appeal against a Gaborone High Court decision which allowed the registration of the Legabibo in Botswana earlier after the Botswana Government lost the case in 2014. Equally, many Batswana question the spirit of section 164, “which apparently goes into people’s bedrooms.” However, the church through its umbrella body Evangelical Fellowship of Botswana, remains resolute against homosexuality and related acts.
This ruling comes hot off the heels of another which clarified that homosexuality is not illegal. This was after the Ministry of Labour and Home Affairs Ministry and the Register of Societies previously refused to let the organisation register, arguing that the constitution did not recognise homosexuality. The Botswana Penal Code, based on old English law, describes homosexual acts as offences against morality, punishable by up to seven years in prison.
Behind the prejudice against same sex people and their lifestyle, acquired or otherwise, there are a couple of aspects to appreciate about the particular section of the penal code. Though there are no conclusive studies on the demographics of homosexual people, some attempts at some definition of the status of homosexuals in the world put the percentage at around 10 percent of the world population. For Botswana, it is likely that its laws are oppressing as many as a tenth, of the population, depriving them of their rights to love those of their own choice. They also take away the dignity which gays also want to enjoy as it outlaws their lifestyles.
The archaic legislation again, goes against democratic principles that entail inclusiveness in the society. For the longest time, Botswana has refused to accept that some of its citizens are homosexual. This alone has eroded the impact of the fight against HIV/AIDS as mitigation efforts could not be formulated for people who can only be seen but not heard. But it is a given that Homosexuals are infact very much affected by the scourge as all other groups of people.
While many have criticised former president Festus Mogae for finding his activism for gay rights only after leaving the highest office in the land, it could be time that he is used as a stepping stone to further opening of horizons for homosexuals. Let us review our laws to encapsulate evolving cultures and inclusiveness, especially to amend laws  that outlaw activities that do not affect third parties in any way against practices that do not affect how other people negatively.