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LGBTQ rights in Rwanda

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LGBTQ rights in Rwanda
Rwanda
StatusLegal
Gender identityNo
MilitaryNo
Discrimination protectionsAmbiguous
Family rights
Recognition of relationshipsNo recognition of same-sex relationships
AdoptionNo

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Rwanda face legal challenges not experienced by non-LGBTQ residents. 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 and LGBTQ people still face stigmatization among the broader population.[1] No anti-discrimination laws are afforded to LGBTQ citizens,[1] and same-sex marriages are not recognized by the state, as the Constitution of Rwanda provides that "[o]nly civil monogamous marriage between a man and a woman is recognized".[2] LGBTQ Rwandans have reported being harassed, blackmailed, and even arrested by the police under various laws dealing with public order and morality.[3]

Rwanda is a signatory of the United Nations joint statement condemning violence against LGBTQ people and is one of only a few countries in Africa to have sponsored the declaration, and stands in sharp contrast with neighbouring Uganda, Tanzania and Burundi. Rwanda and Djibouti are the only East African countries where homosexual acts are legal.

History

Kingdom of Rwanda

In the old Kingdom of Rwanda, male homosexual relations were common among young Hutus and Tutsis. In 1986, a 19-year-old Tutsi man was recorded as saying that "traditionally, in his tribe, there was an extended period during which boys lived apart from the rest of the village while they are training to be warriors, during which very emotional, and often sexual, relationships were struck up... Sometimes these relationships lasted beyond adolescence into adulthood. Watusi still have a reputation for bisexuality in the cities of East Africa." Tutsi boys training at court would often be made sexually available to guests. Homosexuals were referred to as umuswezi or umukonotsi, which literally translate to "sodomite". Several terms exist for male homosexuality: kuswerana nk'imbwa, kunonoka, kwitomba, kuranana inyuma and ku'nyo. In addition, there were traditions of "cross-dressing priests", known as ikihindu or ikimaze, first described by the colonialists as "hermaphrodites", who would play the role of shamans and healers. Sexual relations are believed to have included mutual masturbation, intercrural sex and anal intercourse.[4][5][6]

Societal acceptance quickly disappeared after the arrival of the European colonialists and Christianity.[7]

Republic of Rwanda

On 16 December 2009, the Parliament of Rwanda debated whether to make homosexuality a criminal offense, with a punishment of 5–10 years imprisonment.[8] This legislation was similar to the controversial anti-homosexuality bill in the neighboring country of Uganda.[9] 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.[10]

Legality of same-sex sexual activity

Same-sex sexual activity is legal in Rwanda. The age of consent is 18, regardless of sexual orientation or gender.[11]

Recognition of same-sex relationships

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.[12]

The Constitution of Rwanda, adopted in May 2003, defines marriage as a union between a man and a woman.[2] Article 26 states:[13] "Only civil monogamous marriage between a man and a woman is recognized."[a]

Government and politics

Political parties

Under Rwandan electoral laws, most of the political parties are aligned with, if not an extension of, the ruling party. The four Rwandan political parties that are not a part of the ruling coalition, the Liberal Party, the Social Democratic Party, the Social Party Imberakuri and the Democratic Green Party of Rwanda, have not taken an official position on LGBTQ rights.

In September 2016, speaking in San Francisco, President Paul Kagame said that "it (homosexuality) hasn't been our problem. And we don't intend to make it our problem".[14]

Human rights

Since 2005, the Horizons Community Association of Rwanda has been doing some public advocacy on behalf of LGBTQ rights, although its members have often been harassed by the government.[15]

Article 16 of the Constitution states that all Rwandans are born as equal individuals and that they have the right to whatever they believe and that discrimination based against any kind are banned and can be punishable by the law. The constitution specifically doesn't mention banning discrimination against sexual orientation but it mentions that it bans discrimination against gender identity.[16]

Society and culture

The U.S. Department of State's Country Reports on Human Rights Practices for 2016 stated that:[17]

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
There are no laws that criminalize sexual orientation or consensual same-sex sexual conduct, and cabinet-level government officials expressed support for the rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. LGBTI persons reported societal discrimination and abuse, and LGBTI rights groups reported occasional harassment by neighbors and police. There were no known reports of physical attacks against LGBTI persons, nor were there any reports of LGBTI persons fleeing the country due to harassment or attack.

In 2007, the Anglican Church of Rwanda condemned "the non-biblical behaviors" of the European and American churches and insisted that they would not support the ordination of LGBTQ clergy.[18]

In September 2019, Albert Nabonibo, a well-known gospel singer, came out as gay in an interview with a Christian YouTube channel. The Associated Press reported that his coming out had caused "shock" in a country "where such a public assertion of homosexuality is unheard of". Despite "horrible" reactions from family and friends, Olivier Nduhungirehe, the Minister of State for East African Community Affairs, expressed support for Nabonibo, saying, "All Rwandans are born and remain equal in rights and freedoms." Nabonibo himself stated that "there is no going back, because I have to live my real life."[19]

Transgender rights

Transgender Rwandans face legal challenges. Rwandan law forbids changing legal gender.[20] While crossdressing is not de jure illegal in Rwanda, transgender people are often charged with unrelated offenses and can face violent detention.[21]

Summary table

Same-sex sexual activity legal Yes (Always legal)
Equal age of consent (18) Yes[11]
Anti-discrimination laws in hate speech and violence No
Anti-discrimination laws in employment No
Anti-discrimination laws in the provision of goods and services No
Same-sex marriage No (Constitutional ban since 2003)
Recognition of same-sex couples No
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
LGBTQ people allowed to serve openly in the military No
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

Notes

  1. ^ In Kinyarwanda: Ubushyingiranwe bw'umugabo umwe n'umugore umwe bukorewe mu butegetsi bwa Leta ni bwo bwonyine bwemewe.
    In French: Seul le mariage monogamique civil entre un homme et une femme est reconnu.

References

  1. ^ a b Spartacus International Gay Guide, p. 1216. Bruno Gmunder Verlag, 2007.
  2. ^ a b "Article 26 of the Constitution of the Republic of Rwanda" (PDF).
  3. ^ "Gay Rwanda 2008". 1 January 2009. Archived from the original on 17 July 2012.
  4. ^ "Boy-Wives and Female Husbands". www.willsworld.org.
  5. ^ "The idea that African homosexuality was a colonial import is a myth". The Guardian. 8 March 2014.
  6. ^ Bleys, Rudi, The Geography of Perversion: Male-To-Male Sexual Behavior Outside the West and the Ethnographic Imagination, 1750-1918. NYU Press, 1996
  7. ^ Scupham-bilton, Tony (8 October 2012). "The Queerstory Files: Gay in the Great Lakes of Africa".
  8. ^ "Africa's Culture War: The Fight Over Uganda's Anti-Gay Bill – The World Newser". Archived from the original on 23 December 2009.
  9. ^ "Anti-gay bill in Uganda challenges Catholics to take a stand". National Catholic Reporter. 27 November 2009.
  10. ^ "Rwanda: Govt Cannot Criminalise Homosexuality - Minister".
  11. ^ a b "What is the Rwanda Age of Consent?". ageofconsent.net.
  12. ^ "Gay Rwanda 2005". Archived from the original on 9 June 2009.
  13. ^ "The Constitution of the Reoublic of Rwanda" (PDF). wipo.int.
  14. ^ "Homosexuality isn't our Problem–Says President Kagame". KT Press Rwanda. 25 September 2016.
  15. ^ "Gay Rwanda 2008, GlobalGayz.com, 1 January 2009". Archived from the original on 17 July 2012.
  16. ^ "Rwanda's Constitution of 2003 with Amendments through 2015" (PDF). 20 June 2023.
  17. ^ "RWANDA 2016 HUMAN RIGHTS REPORT" (PDF). 7 March 2017. Archived (PDF) from the original on 7 March 2017. Retrieved 26 January 2021.
  18. ^ "Rwanda: Anglicans Reject Western Accusations of Rebellion". Rwanda News Agency. 14 August 2007. Retrieved 16 October 2021 – via AllAfrica.
  19. ^ Ssuuna, Ignatius (16 September 2019). "Rwandan gospel singer comes out as gay, to country's shock". The Associated Press. Kigali.
  20. ^ "Trans Legal Mapping Report". ILGA. 28 September 2017.
  21. ^ Andresen, Maggie (20 November 2020). "Rwanda's Transgender Community Face Violent Detentions For Being Trans". Vice. Retrieved 20 November 2020.
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