Lesbian, gay, bisexual, and transgender (LGBT) Rwandan citizens may face greater legal and social difficulties in comparison to citizens who are heterosexual. While homosexuality is not de jure illegal, sexual orientation is considered a taboo topic, and there is no significant public discussion of this issue in any region of the country. No laws exist to protect LGBT citizens from discrimination or harassment. The Constitution of Rwanda prohibits same-sex marriage.
Constitutional rights
The Rwanda Constitutional, adopted in 1991, has provisions that may impact that legal rights of LGBT Rwandan citizens;
- Article 16 – All citizens shall be equal in the eyes of the law, without any discrimination, especially in respect to race, color, origin, ethnic background, clan, sex, opinion, religion, or social status.
- Article 22 – (1) The private lives of individuals shall not be infringed upon in any way.
Criminal code
As of 2010, non-commercial, private, adult and consensual homosexual relations are not illegal per se and the age of consent is 18. However, LGBT Rwandans have reported being harassed, blackmailed and even arrested by the police under various laws dealing with public order and morality.
On 16 December 2009, there was a debate in the national parliament about making homosexuality a criminal offense, proposing 5–10 years of imprisonment. This legislation is similar to the controversial Anti-Homosexuality Bill in the neighboring country of Uganda, which would penalize homosexuals with imprisonment and (in cases of relations with a minor or a disabled person, in cases where the offender is HIV-positive and in cases of repeated homosexual acts) the death penalty. Uganda's bill would also penalize people with knowledge of individuals who are homosexual but do not report them. Following reports of the proposed anti-homosexuality bill, the Rwandan justice minister stated that "the government has no intentions whatsoever to criminalize homosexuality".
Government and politics
As of 2010, no legislation exists to address discrimination or harassment on the basis of sexual orientation and gender identity. Rwandan electoral laws are such that most of the political parties are aligned with, if not an extension of, the ruling party.
Political parties
The two Rwandan political parties that are not a part of the ruling coalition, Liberal Party and the Social Democratic Party, have not taken any official position on LGBT rights. There is a Green Party 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.
Society & culture
LGBT people often report being blackmailed, harassed, physically assaulted and even jailed because of their sexual orientation or gender identity. 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 2010 Human Rights Report found that “Some members of the LGBT community reported societal discrimination and abuse during the year. According to a 2008-09 study in Kigali, gays claimed to have been verbally and physically abused in workplaces, bars, prisons, and elsewhere."
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 and have vowed to refuse donations from churches that support LGBT rights.
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.
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.
HIV/AIDS
Rwanda faces a generalized epidemic, with an HIV prevalence rate of 3.1 percent among adults ages 15 to 49. The prevalence rate has remained relatively stable, with an overall decline since the late 1990s, partly due to improved HIV surveillance methodology. In general, HIV prevalence is higher in urban areas than in rural areas, and women are at higher risk of HIV infection than men. Young women ages 15 to 24 are twice as likely to be infected with HIV as young men in the same age group. Populations at higher risk of HIV infection include people in prostitution and men attending clinics for sexually transmitted infections.
Rwanda is among the world’s least developed countries, ranking 158 of 177 in the United Nations Development Program’s 2006 Human Development Index. Some 60 percent of the population lives in poverty. During the three months of genocide in 1994, mass rape, sexual torture and psychological trauma were common. Massive population flows following the genocide have resulted in an increase in the urban population. The shortage of human resources throughout the health sector is a significant constraint. Of Rwandans killed or displaced during the genocide, a disproportionate number were highly skilled and educated members of society, including doctors, nurses and other health workers. Many health centers lack essential physical facilities, equipment and supplies. Electricity supply is erratic throughout Rwanda, impacting hospitals, health centers and laboratories. Blood safety, data management and drug storage are all impacted by the erratic electricity supply. While stigma continues to be a problem for people living with HIV/AIDS, it would appear that the situation is slowly improving due to good information sharing at all levels about HIV/AIDS.
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