Rwanda Will Not Criminalize Homosexuality

Rwandan lawmakers say they have no intention of criminalizing gay relations, despite proposals to revise the penal code in a way that would provide stiff penalties and steep fines for gay sex or even gay counseling.

The proposed law, Article 217 of a draft of the revised Penal Code Act, would provide punishment to "[a]ny person who practices, encourages or sensitizes people of the same sex, to sexual relation or any sexual practice," British GLBT site Pink News reported in a Dec. 16 article.

Proposed fines for violators range from $352 to $1,758. The Pink News article noted that the average yearly income in Rwanda is about $350. Prison time of up to ten years is also stipulated in the proposed legislation.

But lawmakers expressed concern that the proposed law would conflict with the provisions of the International Charter on Civil Rights, reported The New Times in an article posted at AllAfrica.com on Dec. 23.

"All persons are equal before the law and are entitled without any discrimination to the equal protection of the law," states Article 26 of the United Nations Covenant on Civil and Political Rights, which upholds the legal equality of all people. "In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status."

Even so, lawmakers drew a distinction between sexual relations between consenting adults of the same gender, and issues around homosexuality that could be seen as impacting youth. Some fear that counseling services for GLBT youth could be affected or eradicated by the newly revised penal code.

But politicians spoke of adults sexually assaulting children. "I think there was some kind of confusion on this particular article and yet the Law is clear," said Tharcisse Karugarama, the country's Minister for Justice. "Anyone, whether homosexual or heterosexual, who involves a child in any sort of sexual activity will be held accountable by the courts of law. It doesn't matter if you are gay or not.

"There has been a lot of speculation," added Karugarama. "What people don't realize is that the discussion about draft laws are open to the public. The criminalization rumors stemmed from such open debates where everything is tabled and discussed openly."

GLBT equality groups from around the world have lobbied the Rwandan government to resist criminalizing gays.