ILGA_State_Sponsored_Homophobia_2012

Botswana
Male/Male Illegal Female/Female Illegal
PENAL CODE [Chapter 08:01] 132 , amended by the Penal Code Amendment Act 5, 1998 133 .
Section 164. Unnatural offences
“Any person who;
(a) has carnal knowledge of any person against the order of nature;
(b) has carnal knowledge of any animal; or
(c) permits any other person to have carnal knowledge of him or her against the order of nature,
is guilty of an offences and is liable to imprisonment for a term not exceeding seven years.”
Section 165. Attempts to commit unnatural offences
“Any person who attempts to commit any of the offences specified in section 164 is guilty of an offence and
is liable to imprisonment for a term not exceeding five years.”
Section 167. Indecent practices between persons
“Any person who, whether in public or private, commits any act of gross indecency with another person, or
procures another person to commit any act of gross indecency with him or her, or attempts to procure the
commission of any such act by any person with himself or herself or with another person, whether in public or
private, is guilty of an offence.”
Burundi
Male/Male Illegal Female/Female Illegal
Law No. 1/05 of 22 April 2009 concerning the revision of the Penal Code 134
Article 567:
"Whoever has sexual relations with someone of the same sex shall be punished with imprisonment for three
months to two years and a fine of fifty thousand to one hundred thousand francs or one of those penalties."
(Unofficial translation)
Cameroon
Male/Male Illegal Female/Female Illegal
Penal Code of 1965 and 1967, as amended in 1972 135
The French text of article 347bis is: ‘Est puni d’un emprisonnement de six mois à cinq ans et d’une amende de
20.000 à 200.000 francs toute personne qui a des rapports sexuels avec une personne de son sexe.’ 136
An English version of this article given by Human Rights Watch is: ‘Whoever has sexual relations with a person
of the same sex shall be punished with imprisonment from six months to five years and fine of from 20,000 to
200,000 francs.’ 137 According to Waaldijk (2011), it is unclear whether this is the official English version, or only a
translation of the French version.
132 Text of the law is available at : http://www.laws.gov.bw/VOLUME%202/CHAPTER%2008-01%20PENAL%20CODE.pdf.
133 See Scott Long, ‘Before the law: Criminalizing sexual conduct in colonial and post-colonial southern African
societies’ in: More than a name: State-Sponsored Homophobia and Its Consequences in Southern Africa, New York:
Human Rights Watch & International Gay and Lesbian Human Rights Commission, available at
www.hrw.org/en/reports/2003/05/13/more-name-0, p. 272-274
134 Text of the law available at: http://www.oag.bi/IMG/rtf/code_penal_burundais-2.rtf.
State-Sponsored Homophobia – May 2011
ILGA – The International Lesbian, Gay, Bisexual, Trans and Intersex Association - www.ilga.org
26