LGBT rights in Rwanda

LGBT rights in Rwanda

Same-sex sexual activity legal? Legal since 1916 (as Ruanda-Urundi)[1]
Gender identity/expression Unknown
Military service Unknown if gays and lesbians are allowed to serve openly
Discrimination protections None
Family rights
Recognition of
relationships
No recognition of same-sex relationships
Adoption Unknown if gays and lesbians are allowed to adopt

Lesbian, gay, bisexual, and transgender (LGBT) people living in Rwanda face discrimination not faced by non-LGBT people. While neither homosexuality nor homosexual acts are illegal, homosexuality is considered a taboo topic, and there is no significant public discussion of this issue in any region of the country.[2] No special legislative protections are afforded to LGBT citizens,[2][3] and same-sex marriages are not recognised by the state, as the Constitution of Rwanda provides that "[o]nly civil monogamous marriage between a man and a woman is recognized".[4] LGBT Rwandans, however, have reported being harassed, blackmailed, and even arrested by the police under various laws dealing with public order and morality.[5]

On 16 December 2009, the national parliament debated whether to make homosexuality a criminal offense, with a punishment of 5–10 years' imprisonment.[6] This legislation was similar to the controversial anti-homosexuality bill in the neighboring country of Uganda.[7] Justice Minister Tharcisse Karugarama, however, condemned and refuted reports that the government intended to criminalize homosexual acts, saying that sexual orientation is a private matter, not a state business.[8]

Government and politics

As of 2010, no legislation exists to address discrimination or harassment on the basis of sexual orientation and gender identity.[9]

Political parties

Under Rwandan electoral laws, most of the political parties are aligned with, if not an extension of, the ruling party. The two Rwandan political parties that are not a part of the ruling coalition, the Liberal Party and the Social Democratic Party, have not taken an official position on LGBT rights. The Democratic Green Party of Rwanda has been attempting to become registered with the government, although it has not taken any formal position on LGBT rights.

Human rights

Since 2005, the Horizons Community Association of Rwanda has been doing some public advocacy on behalf of LGBT rights, although its members have often been harassed by the government.[10]

Society and culture

LGBT people often report being blackmailed, harassed, physically assaulted and even jailed because of their sexual orientation or gender identity.[11] Beyond the official or unofficial government, the prevailing religious and cultural beliefs tend to look down upon homosexuality and cross-dressing as signs of immorality, sickness or something foreign imported into the nation.

The U.S. Department of State's 2011 Country Reports on Human Rights Practices said,

[S]ome members of the lesbian, gay, bisexual, and transgender (LGBT) community reported societal discrimination and abuse [in 2011]. One local LGBT rights group, the Horizon Community Association (HOCA), opened an office in Kigali in April but was evicted in August after the landlord reported pressure from community members. HOCA leaders and staff reported receiving threats, and several fled the country. There were some violent physical attacks with anti-LGBT overtones. The [Rwanda National Police] investigated reports of threats to LGBT activists. On March 22, the government signed a UN Human Rights Council statement on "Ending Acts of Violence and Related Human Rights Violations Based on Sexual Orientation and Gender Identity".[12]

Religious beliefs

Most Rwandan citizens are affiliated with the Catholic Church, which views homosexuality and cross-dressing as signs of immorality. The other major religions, Protestantism and Islam also tend to take a similar viewpoint.

For example, in 2007, the Anglican Church in Rwanda condemned "the non biblical behaviors" of the European and American churches and insisted that they would not support the ordination of gay clergy.[13] and have vowed to refuse donations from churches that support LGBT rights.[14]

Likewise, The Archbishop of the Episcopal Church of Rwanda called homosexuality, "moral genocide" and against Rwandan culture because, in his view, sexuality may only be expressed within the bounds of a marriage between a man and a woman.[15]

Family and marriage

Rwanda does not recognize same-sex marriages, civil unions or similar unions. Most gay people who have been interviewed stated that they are not open about their sexuality to their family for fear of being rejected.[16]

Summary table

Same-sex sexual activity legal
Equal age of consent
Anti-discrimination laws in hate speech and violence
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Same-sex marriage (Constitutional ban since 2003)
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

References

  1. Where is it illegal to be gay?
  2. 1 2 Spartacus International Gay Guide, page 1216. Bruno Gmunder Verlag, 2007.
  3. "Legislation of INTERPOL member states on sexual offences against children". INTERPOL.
  4. Article 26 of the Constitution of the Republic of Rwanda
  5. "Gay Rwanda 2008"
  6. Africa’s Culture War: The Fight Over Uganda's Anti-Gay Bill – The World Newser
  7. Anti-gay bill in Uganda challenges Catholics to take a stand | National Catholic Reporter
  8. The Violations of the Rights of Lesbian, Gay, Bisexual and Transgender Persons in RWANDA - A Shadow Report, submitted to the Human Rights Committee by Global Rights, the International Gay and Lesbian Human Rights Commission, the Coalition of African Lesbians, the International Human Rights Clinic, and the Human Rights Program at Harvard Law School, March 2009
  9. Gay Rwanda 2008, GlobalGayz.com, 1 January 2009
  10. "IOL.co.za". The Mercury. 2013-02-19. Retrieved 2014-04-11.
  11. 2011 Country Reports on Human Rights Practices - Rwanda, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, 24 May 2012, page 35
  12. Rwanda: Anglicans Reject Western Accusations of Rebellion, American Anglican Council, 14 August 2007
  13. "de beste bron van informatie over rwandagateway. Deze website is te koop!". rwandagateway.org. Archived from the original on 3 March 2016. Retrieved 2014-04-11.
  14. "de beste bron van informatie over rwandagateway. Deze website is te koop!". rwandagateway.org. Archived from the original on 5 March 2016. Retrieved 2014-04-11.
  15. Archived 9 June 2009 at the Wayback Machine.
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