The Great Lakes of Africa: Rwanda, Uganda, Burundi, and Their Stand Towards LGBTI Rights ILGA Panel at the UN Human Rights Council, 7 June 2011, “The Growing Consensus of governments towards the end of criminalization based on sexual orientation and gender identity.” By Naome Ruzindana, Executive Director of Horizon Community Association (HOCA) of Rwanda The area I will be talking about today is known as the Great Lakes region of Africa. Great lakes region of Africa is composed of countries of Democratic Republic of Congo, Burundi, Rwanda, Uganda and Tanzania. Just when we thought the situation for lesbian, gay, bisexual, transgender, and intersex (LGBTI) in great lakes region of Africa, could get better, it instead worsened. The current levels of discrimination, violence, and intolerance based on sexual orientation and gender identity are increasing; the powersthat are raising the bar of persecution and hatred got higher. Through Africa’s spectacular Great Lakes Region, there is the site of massive rights violations, where politicians are turning their attention to legislation that criminalizes homosexuality instead of Government work and the constituency they represent. This has made lawmakers to spend more time on evaluating and drafting the bills that identifies homosexuality as a sexual practice against Nature. In Rwanda, a country I come from, that experienced horrific genocide in 1994 which killed close to one million of its citizens. Arbitrary arrests of LGBTI citizens and gay activists are increasing. Numerous cases of arrests and abuse of the LGBTI people have gone unnoticed even when we had just concluded a successful national Campaign that decriminalized Homosexuality.
The current government prohibits any form of discrimination by gender, ethnicity, race or religion. In December 2009 and after intervention by international gay activists, the Rwandan government denied reports that parliament was considering revising its penal code to criminalize homosexuality. Minister of Justice Tharcisse Karugarama eventually said the government believes sexual orientation is a "private matter" and had no plans to criminalize homosexuality.
Rwandan Minister Vow’s government; "will not in any way criminalize homosexuality". Rwanda’s law is currently silent on neither the issue of homosexuality, nor protection of LGBTI persons and this has caused great confusion because the silent does not provide any indication of abolishing the law. We only depend on the statement made by the Minister of Justice. And we are more afraid that our Government could be on pressure by putting the Law on hold. However, there an increasing level of harassment and intimidation in the country by the community and the police, around the issue of homosexuality. This was evidenced last year when our two members were arrested because of their Gender identity and how they had dressed. As if our constitution has a dress code of how men and women should be dressed.
Besides , there is good news that our Government has made a step forward within the region to endorse the UN Joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity. We applauded that.
In Uganda Bahati tabled the “deadly” Bill as private initiative but was welcomed by most MPs in the House. The bill was nearly enacted if it was not for international condemnation of clauses that stipulated death for LGBTs. He belongs to the ruling NRM party and won with a landslide in elections held on February 18, this year.
The current version of the bill does not stop at criminalizing the consensual same-sex relations, but will also imprison anybody who promotes the rights of LGBTI persons, making “all associations that promote or defend sexual relations against nature” forbidden in great lakes region. The notorious “Kill the Gays” might come back.
The controversial Anti Homosexuality bill is one of several bills that Members of Parliament on the Legal and Parliamentary Affairs committee are set to debate when the House resumes business after the appointments of the Ministers Public hearings are expected to be held on the bill and its author, MP David Bahati, reportedly “welcomed the development.” Uganda is one of 76 countries where homosexuality is criminalized. If the proposed bill were to pass, it would become the eighth country where it is punishable by death.
In October Last Year, the Ugandan tabloid Rolling Stone published the names and addresses of presumed homosexuals along with a banner that said, “Hang them.” Of which I was among, with the Late David Kato plus others. Later, they decided to take them to court where they worn an injunction prohibiting such publication inciting to violence against homosexuals. In January, David Kato was murdered in his home and the Confessed Killer hasn’t been brought to Justice for the murder. The brutal murder of Ugandan human rights leader David Kato has left the LGBTI community in Uganda in shock, mourning, afraid, lowered their self esteem and brought more fear to their lives.
Burundi Gays Suffer Under Harsh New Anti-Gay Laws Early last year, Burundi enacted harsh new anti-gay legislation that criminalized homosexuality and made same-sex relations punishable by up to two years in prison. Disturbing updates on the status of LGBTIs in Burundi after the President Pierre Nkurunziza secretly signs legislation—previously rejected by the Senate—that attempts to legislate homosexuality out of existence, and this has put them into more closet and Gay men say their lives have been "marked with increased discrimination and fear" following Burundi's much-criticized draconian ban. The difficulties of being a gay or lesbian in Burundi, including instances of sexual violence, family rejection, police intimidation, and now the daily possibility of imprisonment. The above mentioned deplorable developments are meeting more resistance both locally and internationally. The embattled LGBTI and mainstream human rights groups in great lakes region need more international attention to support struggles. The global community has been of help for example, by ensuring that the Ugandan bill be withdrawn from consideration. We need to persevere in an effort to expand the incredibly-shrinking living space for LGBTI individuals in many parts of the world. Naome Ruzindana
Naome is a feminist and founding member of the Coalition of African Lesbians and an Executive Committee member since the outset. She is a passionate activist and human rights defender. She is also a founding member of Horizon Community Association (HOCA) and the director of HOCA. She is a member of the Executive board of Pan Africa ILGA and is the current Alternative co-secretary General on the ILGA World Board. She has been very vocal and actively involved in the LGBTI movement building and mobilization in East Africa. In Rwanda, she has been very instrumental and played a leading role on challenging the government of Rwanda on the penal code which was intended to criminalize same sex relations.