Gay Rwanda: Horizon Community Association of Rwanda (HOCA) reports

HOCA was formed to address these challenges. HOCA is an association of gay and lesbian Rwandans that now comprises 17 members. Though still small, even its existence is a remarkable accomplishment. The members find solidarity, can share their experiences, and can look out for one another’s safety. HOCA also serves as a platform on which to advocate for LGBT rights and to sensitize society to the challenges that gays and lesbians face.

HOCA Activities
Defense of Human Rights- Many of HOCA’s members have experienced serious violations of their human rights because of their sexual orientation. Several members have been illegally detained by the police and have spent time in prison. One had his identity papers destroyed. And, in an extreme example, one member was tragically murdered because of his sexual orientation. For our members, fear of attack or of having our rights denied is a daily reality. For this reason, HOCA will work to protect the rights of its members and of other members of the LGBT community. We have been in contact with international human rights groups, such as the IGLHRC, who have offered their support in the case of serious human rights violations. At the local level, we plan to make contact with local lawyers and other human rights defenders who can be of immediate assistance when rights violations occur. We also plan to form a small legal defense fund to be used for emergency legal fees and related expenses.

Advocacy and Activism- Gays and lesbians experience severe stigma and discrimination within their communities. Though most keep a low profile, the issue of homosexuality is continually in the press and discussed in public forums in a way that entrenches stereotypes and misconceptions, and reinforces discrimination. HOCA has already engaged in advocacy by writing letters to the editor of a major newspaper addressing issues of LGBT rights. We plan to scale up our advocacy and activism activities through media outreach, advocacy on LGBT rights issues, and sensitization campaigns within the community.

Networking with LGBT Groups in Africa and Further Abroad- HOCA already has established relationships with other LGBT organizations across Africa, including the Coalition of African Lesbians. These relationships are extremely important for launching advocacy initiatives across the continent and for sharing strategies and lessons from our respective countries. We plan to continue these efforts by organizing and attending conferences and capacity building seminars in other countries, with objective of building the advocacy and leadership skills of our members. We also plan to organize further study tours for our members to visit other countries and network with LGBT groups there.

Outreach and Recruitment of Members- HOCA is now a small organization, but we plan to increase our membership by reaching out to other LGBTs across the country. We will hold recruitment events for members and guests, and will target areas such as universities to encourage new members to join.

Social Support for Members- Many LGBT individuals live extremely isolated lives, and would benefit from the support of a social network of other LGBTs who can offer emotional support, and share life experiences. We would like to organize networks, such as protected and anonymous chat rooms or websites where individuals can meet one another. We also plan to engage in other social sensitization activities, such as on HIV prevention and other health issues. We have established a relationship with CHAMP, an HIV/AIDS prevention organization, who is interested to partner with us on HIV prevention activities. We also would like to establish a social support fund to help members in emergency situations, such as when a member is evicted from their housing, or expelled from their families. Such a fund existed in the past through membership fees, but was discontinued because many of our members were unable to afford the fees.

Homosexuality is not a new phenomenon in the world, and neither is it in Rwanda. We have many myths about homosexuals, and we sometimes think we have no homosexuals in Rwanda, yet they are all around us. Many religious and traditionalists claim that homosexuality is a new practice that resulted from modernization and the import of western cultural ideas into the country. However, many elders admit that homosexuality has existed since even before the beginning of colonial rule. What has changed, however, is the ability of homosexuals to come out of the closet and be open about their sexual orientation.

Articles appearing in this newspaper have portrayed homosexuals in a negative way, as amoral individuals, or criminals, out to recruit and corrupt young people and even to take advantage of children. This is far from the truth. The homosexuals in this country could not be closer to ‘typical’ Rwandese: some are doctors, lawyers, artists, even football players for the Nation. They work hard every day to contribute to the country’s well-being and development.

Whether or not you believe that homosexuality is sin, I think that everyone in this world can agree with me that every person should have his or her fundamental rights respected and upheld regardless of his or her identity. These rights are enshrined in a number of human rights declarations and even in the Constitution of Rwanda. When citizens feel threatened in their homes, targeted by hate crimes, and mocked in the media, it not only violates the rights of individuals but also hurts the quest for unity and tolerance in the country. Rwanda has worked so hard to embrace unity and reconciliation, let us not fall back into the evils of discrimination.

Given the hardship already experienced by sexual minority groups in Rwanda, gays and lesbian Rwandese as well as their supporters, oppose any efforts to amend the law or the penal code to criminalize homosexuality. Institutionalizing discrimination against individuals on the basis of their sexual orientation not only violates the fundamental principles and freedoms outlined in the Constitution of the Nation, but also sets a dangerous precedent for discrimination and division in a country that has battled these issues for many decades. I am sure that gays and lesbians living among us are our own people and deserve the same respect and protection under the Republic of Rwandan law.

Acknowledging the reality of homosexuality in Rwanda is not only important in protecting individual human rights. It is also imperative to the country’s fight against HIV and AIDS. We might think that because homosexuality is ‘invisible’ in Rwanda, that the presence of these individuals does not have any consequences. Yet gay men are a key population in the fight against HIV and AIDS, and one of the populations with the highest prevalence rates. Apart from homosexual men in relationships with other men, there are many men, who, because of fear of being identified, are forced to marry women. In this way, HIV is transferred between the homosexual community and the heterosexual community, spreading the disease.

Though the society may choose to deny the existence of gays and lesbians, wouldn’t it be better to embrace them as they are and to stop marginalizing them in the fight against the HIV and AIDS? These Rwandese are very involved in all the activities and programmes of the Nation. Let us provide them the treatment they lack, and include them in the innovative programmes of Government.

Despite the emergence of a small, though largely underground, movement to begin advocating the rights of sexual minority groups, many in Rwanda continue to deny the existence of homosexuality in the country, or restrict its reach to limited segments of the population. According to Edwin Musoni of the New Times newspaper, “Presently, there are fewer cases of homosexuality in Rwanda compared to other neighbouring countries. The few cases of the vice in Rwanda have been reported in prisons, Nyamirambo Sector, Biryogo Cell and they especially involve youths.” Moreover, many claim that the emergence of homosexuality in Rwanda is a recent development, which they claim is contrary to Rwandese culture.

As these debates begin to enter the public domain, it is important to understand the current situation faced by gays and lesbians in the country from a rights-based perspective and to understand what exactly the law says about homosexuality, discrimination and individual rights in the context of sexual orientation.

Overview of Relevant Laws
Rwanda’s law is currently silent on the issue of homosexuality: neither the 2003 Constitution nor the 1977 Penal Code make mention of any crime related to homosexuality. Sexual offenses are outlined in the 1977 Penal Code, and include rape, rape of children, sexual torture, adultery, prostitution, and exhibitionism. While homosexual acts involving either sex are punishable if one participant is under the age of 18 and the other is older, as provided in section 362 of the Penal Code, no provision exists for the criminalization of sexual acts between consenting adults. Article 26 of the 2003 Constitution does limit the right to marriage to heterosexual couples, stating that, “Only civil monogamous marriage between a man and a woman is recognized.” Yet this restriction on marriage in no way implies a limitation on sexual behavior between consenting same-sex partners.

Not only does the law fail to specifically prohibit homosexual acts, but the Constitution also contains a number of articles which guarantee the right to privacy, opinion and belief, which supports the right to freedom and privacy with regards to an individual’s personal life and sexual practices. Article 22 of the 2003 Constitution states that: “The private life, family, home or correspondence of a person shall not be subjected to arbitrary interference; his or her honour and good reputation shall be respected.” Moreover, Article 33 guarantees that, “Freedom of thought, opinion, conscience, religion, worship and the public manifestation thereof is guaranteed by the State in accordance with conditions determined by law.”

Overview of the Current Situation
Keeping in mind the above discussion of the fundamental rights and freedoms guaranteed to individuals, the increasing level of harassment and intimidation in the country around the issue of homosexuality, and recent incidents in which the rights of individuals were violated because of their sexual orientation, are clearly in violation of the rights and freedoms guaranteed to individuals by the constitution.

Threats of Legal Changes
In recent months, there has been an increase in rhetoric within the press on the subject of criminalizing homosexuality in the country. Rwanda’s Government is in the process of revising the country’s penal code, which dates from 1977, for the primary purpose of abolishing the death penalty. In the process, it plans to revise many other outdated provisions of the penal code. Several members of Parliament and other individuals have expressed the intention to introduce a law to criminalize homosexuality, though it is unclear whether such reforms have a high level of support from other lawmakers or from the public.

For example, Deputy Francis Kaboneka is quoted as saying, "We don’t have a specific law on homosexuality, but we have a family law which states that a person only gets married to another person of the opposite sex." Though he thought that there were not yet many cases of homosexuality in the country, he added: "We need to have a law against this vice."

Similarly, according to the New Times newspaper, Deputy Henriette Sebera argued, “that MPs should table a motion on it and come up with a law against the practice of homosexuality in Rwanda.” She said, "Homosexuality is automatically illegal in our country; our culture only allows a man to have a relationship with a woman, and that is why anybody caught in that act should be punished."

Finally, Deputy Ezekias Rwabuhihi is quoted as saying that, "As society changes then the laws should always be changing, too. The constitution states it clearly that a man gets married to one woman nothing more than that; whoever comes up with something different should considered a criminal."

Other government officials have been quoted making statements that would imply that they view homosexuality as a right that is not guaranteed by the Constitution, suggesting their support for such attempts at criminalization. When asked whether the prisons in Rwanda should distribute condoms in order to address the problem of HIV transmission inside prison walls, Balinda Steven, the Director of Prisons in Rwanda, said, “I think that distribution of condoms to prisoners would be disastrous gesture. We would be giving them the right to homosexuality. I have had discussions with a few prison directors and we agreed to maintain our control systems.” In addition to being contrary to Rwandan law, which does not forbid homosexuality, such policy decisions violate other fundamental rights guaranteed in the Constitution, including the right to health and ultimately, the right to life.

As the issues of homosexuality and gay rights gain prominence within the media, there is legitimate concern that calls to criminalize homosexuality will gain momentum and support. This is a crucial time for targeted advocacy with lawmakers who support upholding the right to sexual privacy and freedom, in order to prevent discriminatory or regressive laws from being passed.

Increasing Discussion of Homosexuality in the Media
A number of articles have recently appeared in newspapers around the country, highlighting voices from various sides of the debate on homosexuality and homosexual rights. This increased attention to the issue of homosexuality in Rwanda is most likely the result of the situation of homosexuals in Uganda, where the government and courts have denied appeals of homosexuals and advocacy groups for recognition and protection of their basic rights. This ongoing situation has been extensively covered and debated in the Rwandan press though, encouragingly, opinions on both sides of this debate have been published.

In addition to lawmakers who have begun to speak of their support for criminalization, other prominent figures have made public statements condemning homosexuality and homosexual rights. Archbishop Emmanuel Kolini, the head of Rwanda’s Anglican Church and an influential figure in Rwanda’s social and political spheres, said: "Even when the government decides to legalize homosexuality our church will not accept it its totally illegal and un-Godly." He went on to say that homosexuality is against Rwandan culture and the government should not adopt it. "Man was meant to reproduce and something contrary to that is destruction," Kolini said. By using such strong language as “destruction” Kolini sets a dangerous tone for the discussion of homosexuality in the country.

Arbitrary Detentions and Abuse of Justice Institutions
Over recent months, many homosexuals in the country have been arbitrarily detained by the police or have been denied their rights by the authorities because of their sexual orientation.

Recently, Patrick Ngoga, a HOCA member, was arbitrarily arrested by the police in the area of Gikondo, in Kabuga cell. He was picked up by two men wearing civilian clothes and carrying police badges, and the first thing that these men did was to break his SIM card so he couldn’t get in touch with anyone. The men arrested Patrick and accused him of being a homosexual, and of attending conferences outside of the country to get information and spread stories about Rwanda. He was held in prison for several days and denied access to a lawyer, but was never formally charged. He was released after another member who knew where Patrick was being held approached the police authorities along with two other activists, and negotiated his release in exchange for a payment. When Patrick was released from prison, he had been severely beaten and was traumatized, and left for Uganda shortly thereafter.

Another such episode of arbitrary and illegal detention was reported by a young Congolese man living in Kigali. One night, when he was leaving a Kigali nightclub, he was jumped in the parking lot by three men. They forced him into the back of a car and gang raped him. A few days later, he went to the police to report the crime, and instead of investigating his case, the police arrested the man for being homosexual and put him in prison. He was released one week later, but the rape was never reported or investigated.

Another member of HOCA was detained by the police in Gikondo area of Kigali and held in prison for three months. He was accused of homosexuality, though never formally charged or given access to a lawyer. During this time, his name, address and picture were broadcast on TV, in newspapers and on the radio. As a result, he continues to face harassment and threats from individuals within his community.

This is a call to action for human rights defenders, both inside and outside of the country, to stand up for individuals whose rights are being abused on the basis of their sexual orientation, and for the government to take action to ensure that these individual’s rights are protected.