LGBTQ rights in Rwanda

Last updated

LGBTQ rights in Rwanda
Location Rwanda AU Africa.svg
Rwanda
Status Legal
Gender identity No
Military No
Discrimination protections Ambiguous
Family rights
Recognition of relationships No recognition of same-sex relationships
Adoption No

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]

Contents

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 check.svg (Always legal)
Equal age of consent (18) Yes check.svg [11]
Anti-discrimination laws in hate speech and violence X mark.svg
Anti-discrimination laws in employment X mark.svg
Anti-discrimination laws in the provision of goods and services X mark.svg
Same-sex marriage X mark.svg (Constitutional ban since 2003)
Recognition of same-sex couples X mark.svg
Stepchild adoption by same-sex couples X mark.svg
Joint adoption by same-sex couples X mark.svg
LGBTQ people allowed to serve openly in the military X mark.svg
Right to change legal gender X mark.svg
Access to IVF for lesbians X mark.svg
Commercial surrogacy for gay male couples X mark.svg
MSMs allowed to donate blood X mark.svg

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.

Related Research Articles

<span class="mw-page-title-main">LGBTQ rights in Mali</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Mali face legal and societal challenges not experienced by non-LGBTQ residents. Although same-sex sexual activity is not illegal in Mali, LGBTQ people face widespread discrimination among the broader population. According to the 2007 Pew Global Attitudes Project, 98 percent of Malian adults believed that homosexuality is considered something society should not accept, which was the highest rate of non-acceptance in the 45 countries surveyed. The Constitution of Mali, having been influenced by the policies on LGBTQ people of its new ally Russia, has outlawed same-sex marriage since 2023, and the Malian government proposed a bill banning homosexual relations in 2024.

<span class="mw-page-title-main">LGBTQ rights in Burkina Faso</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Burkina Faso face legal issues not experienced by non-LGBTQ citizens. Although same-sex sexual acts are legal for both men and women in Burkina Faso, there is no legal recognition of same-sex marriage or adoption rights.

<span class="mw-page-title-main">LGBTQ rights in Afghanistan</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) people in the Islamic Emirate of Afghanistan face severe challenges not experienced by non-LGBT residents. Afghan members of the LGBT community are forced to keep their gender identity and sexual orientation secret, in fear of violence and the death penalty. The religious nature of the country has limited any opportunity for public discussion, with any mention of homosexuality and related terms deemed taboo.

<span class="mw-page-title-main">LGBTQ rights in Fiji</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Fiji have evolved rapidly over the years. In 1997, Fiji became the second country in the world after South Africa to explicitly protect against discrimination based on sexual orientation in its Constitution. In 2009, the Constitution was abolished. The new Constitution, promulgated in September 2013, bans discrimination based on sexual orientation and gender identity or expression. However, same-sex marriage remains banned in Fiji and reports of societal discrimination and bullying are not uncommon.

<span class="mw-page-title-main">LGBTQ rights in Cambodia</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) people in Cambodia face legal challenges not experienced by non-LGBT residents. Although same-sex sexual activity is legal in Cambodia, it provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity.

<span class="mw-page-title-main">LGBT rights in Kenya</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Kenya face significant challenges not experienced by non-LGBTQ residents. Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices are a felony under section 165 of the same statute, punishable by five years' imprisonment. On 24 May 2019, the High Court of Kenya refused an order to declare sections 162 and 165 unconstitutional. The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010. There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Adoption is restricted to heterosexual couples only.

<span class="mw-page-title-main">LGBTQ rights in Armenia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Armenia face legal and social challenges not experienced by non-LGBT residents, due in part to the lack of laws prohibiting discrimination on the grounds of sexual orientation and gender identity and in part to prevailing negative attitudes about LGBT persons throughout society.

<span class="mw-page-title-main">LGBT rights in Cape Verde</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Cape Verde are afforded some legal protections, and Cape Verde is considered a gay tolerant country. Homosexual activity has been legal in Cape Verde since 2004. Additionally, since 2008, employment discrimination on the basis of sexual orientation has been banned, making Cape Verde one of the few African countries to have such protections for LGBTQ people.

<span class="mw-page-title-main">LGBTQ rights in Botswana</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Botswana face legal issues not experienced by non-LGBTQ citizens. Both female and male same-sex sexual acts have been legal in Botswana since 11 June 2019 after a unanimous ruling by the High Court of Botswana. Despite an appeal by the government, the ruling was upheld by the Botswana Court of Appeal on 29 November 2021.

<span class="mw-page-title-main">LGBTQ rights in Eswatini</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Eswatini have limited legal rights. According to Rock of Hope, a Swati LGBTQ advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBTQ people] cannot be open about their orientation or gender identity for fear of rejection and discrimination." Homosexuality is illegal in Eswatini, though this law is in practice unenforced. According to the 2021 Human Rights Practices Report from the US Department of State, "there has never been an arrest or prosecution for consensual same-sex conduct."

<span class="mw-page-title-main">LGBTQ rights in Namibia</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Namibia have expanded in the 21st century, although LGBTQ people still have limited legal protections. Namibia's colonial-era laws criminalising male homosexuality were historically unenforced, and were overturned by the country's High Court in 2024.

<span class="mw-page-title-main">LGBTQ rights in Kosovo</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Kosovo have improved in recent years, most notably with the adoption of the new Constitution, banning discrimination based on sexual orientation. Kosovo remains one of the few Muslim-majority countries that hold regular pride parades.

<span class="mw-page-title-main">LGBTQ rights in Africa</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are generally poor in comparison to the Americas, Western Europe, and Oceania.

<span class="mw-page-title-main">LGBTQ rights in Guinea-Bissau</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Guinea-Bissau face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Guinea-Bissau, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

<span class="mw-page-title-main">LGBTQ rights in East Timor</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in East Timor face legal challenges not experienced by non-LGBTQ residents. Both male and female same-sex sexual activity are legal in East Timor, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

<span class="mw-page-title-main">LGBTQ rights in Lesotho</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Lesotho face legal challenges not experienced by non-LGBTQ residents. Lesotho does not recognise same-sex marriages or civil unions, nor does it ban discrimination on the basis of sexual orientation or gender identity.

<span class="mw-page-title-main">LGBTQ rights in Mozambique</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Mozambique face legal challenges not faced by non-LGBTQ people. Same-sex sexual activity became legal in Mozambique under the new Criminal Code that took effect in June 2015. Discrimination based on sexual orientation in employment has been illegal since 2007.

<span class="mw-page-title-main">LGBTQ rights in North Macedonia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in North Macedonia face discrimination and some legal and social challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity have been legal in North Macedonia since 1996, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

<span class="mw-page-title-main">Outline of LGBTQ topics</span>

The following outline offers an overview and guide to LGBTQ topics:

Albert Nabonibo is a gospel singer and accountant from Gicumbi in the suburbs of Kigali, Rwanda. Thomson Reuters Foundation News describes Nabonibo as well-known and popular singer, and reports he has released eight gospel songs since 2012. In August 2019, he came to international attention when he came out as gay, which is held in tension with Africa’s conservative anti-gay views. Additionally the churches in the mostly-Christian country purport that being LGBTQ is sinful. In coming out he became Rwanda's first openly gay gospel singer. PinkNews named him as the eighth “most impactful and moving coming out story” of 2019, noting “the negative reactions he would inevitably face”.

References

  1. 1 2 Spartacus International Gay Guide, p. 1216. Bruno Gmunder Verlag, 2007.
  2. 1 2 "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. 1 2 "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.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.