LGBTQ rights in Rwanda

{{Short description|none}}

{{Use dmy dates|date=March 2020}}

{{Infobox LGBT rights

| location_header = Rwanda

| image = Location Rwanda AU Africa.svg

| caption = Rwanda

| legal_status = Legal

| gender_identity_expression = No

| recognition_of_relationships = No recognition of same-sex relationships

| adoption = No

| military = No

| discrimination_protections = Limited protections

}}

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.Spartacus International Gay Guide, p. 1216. Bruno Gmunder Verlag, 2007. No anti-discrimination laws are afforded to LGBTQ citizens, 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".{{Cite web|url=http://www.rwandahope.com/constitution.pdf|title=Article 26 of the Constitution of the Republic of Rwanda}} LGBTQ Rwandans have reported being harassed, blackmailed, and even arrested by the police under various laws dealing with public order and morality.{{cite web|url=http://www.globalgayz.com/country/Rwanda/view/RWA/gay-rwanda-2008|title=Gay Rwanda 2008|archive-url=https://web.archive.org/web/20120717064516/http://www.globalgayz.com/africa/rwanda/gay-rwanda-2008|archive-date=2012-07-17|date=2009-01-01}}

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 {{lang|rw|umuswezi}} or {{lang|rw|umukonotsi}}, which literally translate to "sodomite". Several terms exist for male homosexuality: {{lang|rw|kuswerana nk'imbwa}}, {{lang|rw|kunonoka}}, {{lang|rw|kwitomba}}, {{lang|rw|kuranana inyuma}} and {{lang|rw|ku'nyo}}. In addition, there were traditions of "cross-dressing priests", known as {{lang|rw|ikihindu}} or {{lang|rw|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.{{Cite web|url=http://www.willsworld.org/africa.html|title=Boy-Wives and Female Husbands|website=www.willsworld.org}}{{cite web|url=https://www.theguardian.com/commentisfree/2014/mar/08/african-homosexuality-colonial-import-myth|title=The idea that African homosexuality was a colonial import is a myth|work=The Guardian|date=8 March 2014}}Bleys, Rudi, The Geography of Perversion: Male-To-Male Sexual Behavior Outside the West and the Ethnographic Imagination, 1750-1918. NYU Press, 1996

Societal acceptance quickly disappeared after the arrival of the European colonialists and Christianity.{{Cite web|url=http://queerstoryfiles.blogspot.com/2012/10/gay-in-great-lakes-of-africa.html|title=The Queerstory Files: Gay in the Great Lakes of Africa|first=Tony|last=Scupham-bilton|date=8 October 2012}}

=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.{{Cite web|url=http://blogs.abcnews.com/theworldnewser/2009/12/africas-culture-war-the-fight-over-ugandas-antigay-bill.html|archive-url=https://web.archive.org/web/20091223010118/http://blogs.abcnews.com/theworldnewser/2009/12/africas-culture-war-the-fight-over-ugandas-antigay-bill.html|url-status=dead|title=Africa's Culture War: The Fight Over Uganda's Anti-Gay Bill – The World Newser|archive-date=23 December 2009}} This legislation was similar to the controversial anti-homosexuality bill in the neighboring country of Uganda.{{Cite web|url=https://www.ncronline.org/blogs/all-things-catholic/anti-gay-bill-uganda-challenges-catholics-take-stand|title=Anti-gay bill in Uganda challenges Catholics to take a stand|date=27 November 2009|website=National Catholic Reporter}} 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.{{Cite web|url=http://allafrica.com/stories/200912190017.html|title=Rwanda: Govt Cannot Criminalise Homosexuality - Minister}}

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.{{cite web|url=https://www.ageofconsent.net/world/rwanda|title=What is the Rwanda Age of Consent?|work=ageofconsent.net}}

Recognition of same-sex relationships

{{Main|Recognition of same-sex unions in Rwanda}}

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.{{Cite web|url=http://www.globalgayz.com/country/Rwanda/view/RWA/gay-rwanda-2005|archive-url=https://web.archive.org/web/20090609001143/http://www.globalgayz.com/country/Rwanda/view/RWA/gay-rwanda-2005|url-status=dead|title=Gay Rwanda 2005|archive-date=9 June 2009}}

The Constitution of Rwanda, adopted in May 2003, defines marriage as a union between a man and a woman. Article 26 states:{{cite web|url=https://www.wipo.int/edocs/lexdocs/laws/en/rw/rw032en.pdf|title=The Constitution of the Reoublic of Rwanda|work=wipo.int}} "Only civil monogamous marriage between a man and a woman is recognized."{{efn|In Kinyarwanda: {{lang|rw|Ubushyingiranwe bw'umugabo umwe n'umugore umwe bukorewe mu butegetsi bwa Leta ni bwo bwonyine bwemewe.}}
In French: {{lang|fr|Seul le mariage monogamique civil entre un homme et une femme est reconnu.}}}}

Discrimination protections

There are some limited protections based on sexual orientation, sexual life and gender identity.

  • The Human Resource Management Policy (2015) issued by the Office of the Auditor General of State Finances states "Harassment is commonly related to prohibited grounds of discrimination, such as gender, race, disability, sexual orientation, age, and religion.{{cite web |title=Human Resource Management Policy |url=https://web.archive.org/web/20240627002806/https://www.oag.gov.rw/fileadmin/_migrated/content_uploads/HR_POLICY.pdf |access-date=1 June 2025}}
  • The Code of Conduct of the Public Private Partnership Guidelines (2018) bans discrimination against any bidder on the grounds of sexual orientation.{{cite web |title=Public Private Partnership Guidelines |url=https://policyvault.africa/policy/public-private-partnership-guidelines/ |access-date=1 June 2025 |date=2018}}
  • The Patients Rights and Responsibilities Policy (2018) issued by the Ministry of Health states: "All Rwandans, regardless of gender, sexual orientation, age, religion, cultural belief, or disability are equally entitled to receive health services to promote and maintain good health. Whether the services are being offered through the public, private or NGO sector, every Rwandan has certain rights which cannot be taken away."{{cite web |title=Patients Rights and Responsibilities Policy |url=https://web.archive.org/web/20250601043856/https://www.rrh.gov.rw/patients-info/patient-rights |access-date=1 June 2025}}
  • Law 058/2021 relating to the Protection of Personal Data and Privacy protects a person’s sexual life as sensitive personal data.{{cite web |title=Law 058/2021 relating to the Protection of Personal Data and Privacy |url=https://archive.gazettes.africa/archive/rw/2021/rw-government-gazette-dated-2021-10-15-no-special.pdf |access-date=1 June 2025 |date=2021}}

In 2024, some immigration and asylum protections were issued by the Government. In April 2022, a transgender claimant was granted refugee status.{{cite web |title=Country Information Note Rwanda: Annex 1 (Government of Rwanda evidence) |url=https://assets.publishing.service.gov.uk/media/680a3e36bc942a09683a275f/WITHDRAWN_CIN_RWA_Government_of_Rwanda_evidence.pdf |access-date=2 June 2025 |date=May 2024}}

  • Standard Operating Procedures on identifying and safeguarding vulnerable persons under the Migration and Economic Development Partnership (2024), states that "Vulnerable Persons" are "Individuals whose gender identity and/or sexual orientation places them at higher risk of vulnerability such as lesbian, gay, bisexual, and transgender (LGBT) persons."
  • Asylum and humanitarian protection decision making Standard Operating Procedures (2024), states that "Interviews are conducted under conditions which allow the individual to present the grounds of their application in a comprehensive manner. In particular: a) trained interviewer takes into account the personal and general circumstances surrounding the application, including the applicant’s cultural origin, gender and any other circumstance including, sexual orientation, gender identity or vulnerability."
  • Manual on Refugee Appeal Tribunal Standard Operating Procedures (2014), states that "hearings shall be conducted in a way which takes account of the personal and general circumstances surrounding the application, including the appellant’s cultural origin, gender , sexual orientation, gender identity or vulnerability."

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".{{cite web|url=http://ktpress.rw/2016/09/homosexuality-isnt-our-problem-says-president-kagame/ |title=Homosexuality isn't our Problem–Says President Kagame |publisher=KT Press Rwanda |date=25 September 2016}}

=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.{{Cite web|url=http://www.globalgayz.com/country/Rwanda/view/RWA/gay-rwanda-2008|archive-url=https://web.archive.org/web/20120717064516/http://www.globalgayz.com/africa/rwanda/gay-rwanda-2008|url-status=dead|title=Gay Rwanda 2008, GlobalGayz.com, 1 January 2009|archive-date=17 July 2012}}

The Constitution of Rwanda provides important civil rights regarding nondiscrimination, it does not ban discrimination based on sexual orientation or gender identity. The relevant sections are articles 15 and 16:

= Article 15. Equality before the law =

All persons are equal before the law. They are entitled to equal protection of the law.

= Article 16. Protection from discrimination =

All Rwandans are born and remain equal in rights and freedoms.

Discrimination of any kind or its propaganda based on, inter alia, ethnic origin, family or ancestry, clan, skin colour or race, sex, region, economic categories, religion or faith, opinion, fortune, cultural differences, language, economic status, physical or mental disability or any other form of discrimination are prohibited and punishable by law.{{Cite web |title=Rwanda 2003 (rev. 2015) Constitution - Constitute |url=https://www.constituteproject.org/constitution/Rwanda_2015 |access-date=2025-01-03 |website=www.constituteproject.org |language=en}}

Society and culture

The U.S. Department of State's Country Reports on Human Rights Practices for 2016 stated that:{{Cite web|date=7 March 2017|title=RWANDA 2016 HUMAN RIGHTS REPORT|url=https://www.state.gov/documents/organization/265502.pdf|url-status=live|archive-url=https://web.archive.org/web/20170307090346/https://www.state.gov/documents/organization/265502.pdf|archive-date=7 March 2017|access-date=2021-01-26}}

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.{{cite news |title=Rwanda: Anglicans Reject Western Accusations of Rebellion |url=https://allafrica.com/stories/200708150362.html |publisher=Rwanda News Agency |via=AllAfrica |access-date=16 October 2021 |date=14 August 2007}}

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."{{cite web|url=https://apnews.com/73230d8c52ff4cb2aba4ad7fad8a69b2|title=Rwandan gospel singer comes out as gay, to country's shock|work=The Associated Press|date=16 September 2019|last=Ssuuna|first=Ignatius|location=Kigali}}

Transgender rights

Transgender Rwandans face legal challenges. Rwandan law forbids changing legal gender.{{cite web |title=Trans Legal Mapping Report |url=https://ilga.org/trans-legal-mapping-report |website=ILGA|date=28 September 2017 }} While crossdressing is not de jure illegal in Rwanda, transgender people are often charged with unrelated offenses and can face violent detention.{{cite web |last1=Andresen |first1=Maggie |title=Rwanda's Transgender Community Face Violent Detentions For Being Trans |url=https://www.vice.com/en/article/rwandas-transgender-community-face-violent-detentions-for-being-trans/ |website=Vice |date=20 November 2020 |access-date=20 November 2020}}

Summary table

class="wikitable"
Same-sex sexual activity legal

| File:Yes check.svg (Always legal)

Equal age of consent (18)

| File:Yes check.svg

Anti-discrimination laws in hate speech and violence

| File:X mark.svg

Anti-discrimination laws in employment

| File:X mark.svg

Anti-discrimination laws in the provision of goods and services

| File:X mark.svg

Same-sex marriage

| File:X mark.svg (Constitutional ban since 2003)

Recognition of same-sex couples

| File:X mark.svg

Stepchild adoption by same-sex couples

| File:X mark.svg

Joint adoption by same-sex couples

| File:X mark.svg

LGBTQ people allowed to serve openly in the military

| Image:X mark.svg

Right to change legal gender

| File:X mark.svg

Access to IVF for lesbians

| File:X mark.svg

Commercial surrogacy for gay male couples

| File:X mark.svg

MSMs allowed to donate blood

| File:X mark.svg

See also

Notes

{{notelist}}

References