Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Botswana face legal issues not experienced by non-LGBTQ citizens.

In 2016, it ordered the Government to register Botswana's main LGBTQ organisation, LEGABIBO, and in 2017 it ruled that transgender people have a constitutional right to change their legal gender.

[4] In 2019, it struck down colonial-era laws banning homosexuality, and ruled that "sex", as defined in Section 3 of the Botswana Constitution, should be "generously and purposively interpreted" to include sexual orientation.

The San people similarly did not regard homosexuality negatively, and various rock paintings depicting anal intercourse between men exist to this day.

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.

[10] On March 30th 2016, the Gaborone City Council unanimously approved a motion calling for the repeal of Botswana's criminalisation of same-sex sexual acts.

[19][4] On 11 June, the High Court decriminalized same-sex sexual activity by unanimously declaring that section 164 of Botswana's Penal Code was unconstitutional.

Homosexuality has typically been a taboo subject in Botswana, and has been historically seen as a "Western disease" and "un-African",[10] though the early 21st century has seen major advances in the societal perceptions of LGBTQ people.

[13] In February 2011, the Deputy Speaker of the Botswana National Assembly, Pono Moatlhodi, responded to a proposal to provide condoms to prison inmates engaging in same-sex sexual acts, as a measure to fight HIV/AIDS.

[34] In 2010 and 2011, former Botswana President Festus Mogae spoke out against sexual discrimination, saying prejudice was hindering efforts to fight HIV in a country where one in four adults had the disease.

He told the British Broadcasting Corporation (BBC) that during his 10 years in office, he had instructed police not to arrest or harass gay people.

"[35] The U.S. Department of State's 2011 Human Rights Report found that "[t]he country has no law explicitly criminalizing consensual same-sex sexual activity.

Police did not target same-sex activity, and there were no reports of violence against persons based on their sexual orientation or gender identity during the year.

"[36] In September 2016, responding to the deportation of American anti-gay pastor Steven Anderson from Botswana, President Ian Khama said that "we don't want hate speech in this country.

"[37] In November 2018, President Mokgweetsi Masisi, speaking to a crowd, said:[38] There are also many people of same sex relationships in this country, who have been violated and have also suffered in silence for fear of being discriminated.

Just like other citizens, they deserve to have their rights protected.On 11 June 2019, the ruling Botswana Democratic Party (BDP) welcomed the judgement of the High Court that decriminalised homosexuality.

[42][43] LEGABIBO has since managed to open its main office in Gaborone, followed by Drop In Centres (DIC) in Francistown, Kasane, Selebi Phikwe and Letlhakane.