Happy and willing traffickee! - One Machiba
“The association is pleased to inform you that you have been selected to attend the LGBTQ Judges conference in Washington DC”- the words that will forever be etched in my mind. I remember when these words were uttered by Judge Tawana, I instantly experienced a flood of emotions. I could not at that instant fathom, the impact these words would have in my life. From visa appointment struggles, to cancelled flights and change in itinerary, and lost luggage, my life had changed.
The majestic buildings, the contrast from old to new- I swear I was in a new dimension. I felt the shock when exiting the airport because of the humidity, clad in a winter bomber jacket, I was overly dressed (in my defence, it was still winter in Gaborone). This was it, My first time in Washington DC, actually my first time in America. Having had arrived a few days before the conference, Anne became my personal tour guide, who even had an itinerary for us. Whilst with Anne, I got an opportunity to see the Great Falls in Maryland, however, if you have been to Victoria Falls, you would wonder how they got their name. My memorable tour was The White House. Seeing it in person, I don’t think movies do it any justice. A tour of The White House, changed my perspective on democracy, especially considering that a tour of The Presidents’ residence is something unheard of in Africa. We did tours of The African American museum, The Capitol, and the Black Lives Matter street. It was fun! I don’t think my whole life I have ever walked as much as I did with Anne.
I thought I was unknown, until I met Kristin Rosi, who hugged me like I was her lost child. Amy Dawson had instructed Kristin to take care of me and looking at how everyone was around me, they did an excellent job. My attempt to register for conference wasn’t obvious -they thought me to be a law student. LGBTQ Judges welcomed me like I was one of them, a sibling they’d lost. I was humbled by everyone’s acceptance and appreciation of me, I knew I had to ace everything. That resorted to me being overly dressed for the reception dinner, (I don’t regret it though, because I looked great!)
I met a lot of amazing and driven people. The ambience of the entire conference was surreal because it was rare for me to meet a group that was driven to ensure they had everyone’s’ pronouns correct. And they even printed them on our name cards.
My mandate was to present on Inclusive justice in Botswana, a project I am humbled to be a part of. The seminar on judicial security at work and home was an eye opener. I’ve always known my job is risky, however living in peaceful Botswana, I had blinded myself to the risks. The most impactful lesson learnt, was that, my safety and security whilst being on the bench is my priority. The take away from the session was ‘paranoia is great in our line of work where my and my family’s security is concerned’.
As an attendee, I was over the moon and shocked how everyone adhered to the theme. Everything was rainbow flag. Walking into the career fair, I swear, it felt like I was attending Washington Pride. All the companies present had rainbow coloured merchandise. There was a sense of belonging. I felt at home.
After the thought provoking, albeit informative lecture on judicial security, the evening ended on a high note. Lavender Law had hosted a dinner for Judges and law students. I must say the students were exceptionally dressed, although I cannot say with certainty whether it was simply due to their good taste or the fact that they were in the presence of multiple judges.When opening the dinner, Kristin Rosi insisted that Judges should not speak amongst themselves and invited law students to not shy away from engaging with Judges during the night. As the only other foreign Judge in the room, I was certain I will have many interactions that night- which I did. My interactions however, were not only limited to law students as Judges were also particularly interested in Botswana’s judicial system. Walking around the hall, I felt a sense of humility as I began to fathom my importance to law students with regard to their future career paths. It was interesting to find through conversations that most law students were interested to find out Botswana’s position on LGBTQI rights. I believe it was an ice breaker for them. As a member of Botswana Chapter of IAWJ, I included in my conversations, the job the organisation and stakeholders have and are doing in Botswana to ensure Inclusive Justice.
Although the conference was a formal event, I was impressed that the organisers incorporated fun activities in the program. We had tours of the Smithsonian, which was incredible. What stood out for me was the Holocaust museum. The theme of our tour was ‘The role of the Judiciary in the Holocaust’. Walking around, I felt a chill down my spine at the realisation that all countries that marginalised and discriminated on a particular group of people, the atrocities perpetuated towards them were not very different from those of Nazi Germany, excluding the mass genocide. As someone who took my judicial oath on the constitution, it became apparent to me that I must uphold it daily, lest I advocate for and impose unjust laws, as happened in Germany. The answer obviously was, YES, Judges played a huge role in the Holocaust.
Ours was to teach people on what IAWJ has done with regards inclusive judiciary, particularly the LGBTI community. Just 
like most presentations, there were technical glitches, in that we could not secure a projector to share our slides with the group as we went along. This however became a blessing in disguise, as we had the full attention of the crowd. They all gathered because they were eager to hear what we had for them. I think the main reason was that, we had spent days before teasing them about our presentation, just to wet their appetite. Judge Dawson, was sure to let me do most (if not all) of the talking. We have an hour slot, but of course we went over due to interaction from the group. The reason for this was that we deliberately encouraged questions during the presentation. I made sure before getting into the crux of our presentation, to give the group a summary of Botswana legal system. The one question that stood out for me, was ‘so now what about marriage equality rights?’. This one resonated with me because of the discussions we have had about the implications of Motshidiemang case. We took the group through the history of Botswana law, particularly on the aspect of LGBTQI+ rights. Amy, talked largely about the project and made reference to our trainings, train a trainer, and the work being done by UB Legal clinic. On my part, it felt like a walk down memory lane, when I talked about the cases that got us to where we are now. The audience was amazing, attentive and extremely invested in our presentation. We had everyone patting us on the back for a job well done, I believe we both blushed!
It is not so long ago that Botswana decriminalized same sex sexual relationship- a move we applaud. But, in a global society we exist in, we cannot do the job ourselves. Looking back at how IAWJ has had an impact on our journey to advocate for inclusive justice on LGBTI rights and the accomplishments we have had thus far, it is apparent that collaborations are imperative, especially from seasoned jurisdictions who have lived through the impact of non-inclusivity. The implications of Motshidiemang case are what makes global intervention pertinent to advocacy of LGBTI rights in Botswana.