Cablegate: Trends in Rwanda Pertaining to Sexual Orientation

VZCZCXRO8925
PP RUEHGI RUEHRN
DE RUEHLGB #0896/01 3651236
ZNR UUUUU ZZH
P 311236Z DEC 09
FM AMEMBASSY KIGALI
TO RUEHC/SECSTATE WASHDC PRIORITY 6553
INFO RUEHXR/RWANDA COLLECTIVE

UNCLAS SECTION 01 OF 02 KIGALI 000896

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM RW
SUBJECT: TRENDS IN RWANDA PERTAINING TO SEXUAL ORIENTATION
AND GENDER IDENTITY

REF: STATE 130765

1. (SBU) SUMMARY: There is no Rwandan law against
homosexuality. The constitution provides for equality of all
citizens but does not specifically prohibit discrimination
based on sexual orientation. In December 2009, following
lobbying and statements by key government figures, the lower
chamber of Rwanda's parliament removed an article
criminalizing homosexuality from draft legislation of a
revised penal code. Rwandan society is conservative on the
issue of homosexuality, with many Rwandans believing it
immoral and alien to their culture. END SUMMARY.

2. (SBU) There are no laws that criminalize sodomy or
homosexuality. Although the constitution provides that all
citizens are equal before the law, without discrimination on
the basis ethnic origin, tribe, clan, color, sex, region,
social origin, religion or faith opinion, economic status,
culture, language, social status, or physical or mental
disability, there is no provision prohibiting discrimination
on the basis of sexual orientation. The current penal code is
silent on homosexuality, but punishes indecent acts with
imprisonment of eight days to three years and/or a fine of
1,000-10,000 Rwandan francs (approximately $2-$20). Some
human rights activists are concerned that without a
definition of indecent acts, authorities could use the law to
punish homosexuals. The new penal code includes a similar
article, defining indecency as any act that goes against the
code of conduct or degrades Rwandan culture. During the
adoption of the new penal code in December, several members
of parliament voiced concern ove
r the vagueness of the term. (Note: Legislation passed by
the lower house goes to the senate, and from there to the
president, who has the option of returning it to parliament
for further revision. End Note.)

3. (SBU) In 2007, some members of parliament called for
legislation criminalizing homosexuality. In January 2007 the
Ministry of Justice finished a new draft of the penal code,
which had remained largely unchanged since 1978, and sent it
to parliament. Through consultations with major partners such
as international and local NGOs, parliament edited the draft
several times. According to a civil society report,
parliament added and removed articles criminalizing
homosexual behavior on multiple occasions. The next-to-final
draft included an article that stated, "any person who
practices, encourages or sensitizes people of the same sex to
sexual relations or sexual practice, shall be liable for a
term of imprisonment ranging from five to ten years and a
fine ranging from 200,000 Rwandan francs (approximately $400)
to 1,000,000 Rwandan francs (approximately $2,000)." A
coalition of Rwandan civil society representatives wrote a
position paper, held a press conference, and petitioned
legislators to remove the articl
e from the penal code. Key government figures lobbied behind
the scenes to have the article removed, and in December the
Minister of Justice expressed public opposition to the
article. The lower house subsequently dropped it from the
penal code.

4. (SBU) Rwanda is a socially conservative country and
anti-homosexual rhetoric is common. Many Rwandans believe
homosexuality is immoral and alien to Rwandan culture.
Religion plays a significant role in society and religious
leaders are very influential. In 2007, according to local
newspaper New Times, the archbishop of the Rwanda's Anglican
church said acts of homosexuality were a form of moral
genocide.

5. (SBU) There have been reports of abuse and discrimination
of members of the LGBT community. According to findings from
Qof members of the LGBT community. According to findings from
a small-scale behavioral study of men who have sex with men
(MSM) in Kigali carried out in 2008-2009 by MEASURE
Evaluation, some MSM reported physical or verbal abuse in
workplaces, bars, prisons, and/or in public. In 2008,
security forces detained two women for several days upon
their return from a conference on lesbians in Africa;
security forces also reportedly searched their email. In
2007, there were reports that police officers assaulted and
arrested homosexuals. There were also reports of landlords
evicting tenants based on sexual orientation. There is one
local NGO, Horizon Community Association (HOCA), .&~

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