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PROMOTING INCLUSIVE JUSTICE

Legal reform alone is not a panacea. While repealing or amending discriminatory laws is critical, true equality also requires transforming the attitudes, biases, and practices of those who interpret, apply, and enforce the law.

Inclusive justice, as IAWJ understands it, means building a justice system that is not limited to those for whom courts were originally designed. It extends to everyone who encounters the system—those who work within it, those who testify before it, and those who seek its protection. Inclusive justice ensures that the courts are accessible, equitable, and responsive to the full diversity of the communities they serve, affirming the dignity and rights of all.

Promoting Inclusive Justice: Botswana Project

From September 2020 through February 28, 2025, the IAWJ successfully implemented an Inclusive Justice pilot project, made possible through funding from the Global Equality Fund.1 The project sought to solidify and expand on legal advancements for LGBTQAI+ individuals in Botswana, specifically building upon the 2019 High Court decision decriminalizing consensual same-sex relations. It aimed to transform this legal victory into lasting change by focusing on two key objectives of (1) bolstering the capacity of Botswana's justice sector to protect the human rights of LGBTQAI+ persons; and (2) preparing future generations of legal professionals to view LGBTQAI+ rights within a human rights framework.

In Botswana, the IAWJ partnered with the Botswana Association of Women Judges (BAWJ) and the University of Botswana Law Department (UBLD) to combine international human rights expertise with local knowledge and networks to advance the goals of the project. We worked closely with LEGABIBO—the premier human rights organization in Botswana focused on protection of LGBTQAI+ people, as well as foreign and domestic judges, academics, and governments experts with relevant expertise. With our partners, we strengthened the capacity of Botswana's justice sector to protect LGBTQAI+ rights in two fundamental ways: (1) training of judicial actors to address barriers to access to justice faced by LGBTQAI+ people; and (2) development and implementation of law school curriculum on LGBTQAI+ rights.

TIMELINE
Legal Cases on LGBTQ issues in Botswana + Impact

Our Work

By the close of the initial project, we had trained 214 judicial actors, including judges, magistrates, and court staff, with over 90% of participants self-reporting improved awareness of the barriers faced by LGBTQAI+ individuals in asserting their rights and accessing justice and other public services. After attending the training, justice sector actors reported a shift in attitude regarding discrimination against LGBTQAI+ individuals in courtroom practices.

These shifts resulted in real and pragmatic steps to promote equality and safety and LGBTQAI+ people, such as justice actors’ using litigants' names in lieu of titles based on their perception of the person’s appearance/presentation; creating safeguards to protect LGBTQAI+ defendants them from inappropriate behavior from the public; challenging discriminatory language used in family law cases; and improving data tracking systems, with some courts now offering an "other" gender option.

Regular updates will be provided here.

PODCAST

Empowering Future Generations of Human Rights Defenders

To advance its goal of equipping future legal professionals to view LGBTQ+ rights through a human rights lens, the IAWJ partnered with the University of Botswana Law Department (UBLD).

UBLD successfully integrated an LGBTQ+ rights module into its Human Rights course, equipping law students with essential knowledge and perspectives. Building on this foundation, the university established an LGBTQ+ rights legal clinic, giving students practical experience while providing meaningful support in real-world cases. To strengthen advocacy skills, UBLD also organized moot court competitions centered on LGBTI rights, enabling students to craft and present legal arguments within a human rights framework. Together, these initiatives mark significant progress in advancing inclusivity and fostering a culture of equality and respect within Botswana’s legal landscape.

Over the course of the project, 762 students participated in human rights court sessions, 53 took part in the moot court competition, 64 engaged in the clinic, and 95 cases were reviewed by the clinic. Students participating in the clinic reported gaining practical experience in applying legal concepts to rights violations, as well as in communicating with, advising, and advocating for clients.

Discover the voices of students who have participated in our DRLB program activities. Hear their inspiring testimonies, insights, and the valuable lessons they’ve gained from their experiences!

Overall Impact

Our Botswana project demonstrated that fostering inclusive justice demands more than changing black letter law. It also requires finding ways to build understanding and empathy by justice sector and law enforcement actors of the lived reality of LGBTQAI+ members of their community—a reality in which fear, abuse, and humiliation shape their daily lives. Changes in the law to promote equal justice can only be realized through the fair administration of justice by those responsible for enforcing and administering the law. This project sought to bridge that gap by fostering empathy among justice sector actors and working with those actors to combat the stigma faced by members of the community.

IAWJ is committed to identifying new opportunities for inclusive justice work and looks forward to partnering with organizations and groups to expand impact, amplify voices, and help shape a more just and inclusive future. To explore partnership opportunities, please contact our Programs Team at: programs@iawj.org.

Blogs

Advancing Inclusive Justice in Botswana: Program Insights

Challenges of Judicial Training on LGBTI Rights

Happy and willing traffickee!

Webinar: Promoting Inclusive Justice Worldwide