BURUNDI’S ANTIGAY LAW “VIOLATES BASIC RIGHTS”

By Mongezi Mhlongo (BTM Reporter)

BURUNDI – 29 April 2009: Over 60 African and international human rights organisations have deplored the Burundian government’s decision to criminalise homosexuality demanding that it be reversed immediately.

This after Burundian President Pierre Nkurunziza secretly signed a legislation criminalising homosexual conduct on 22 April despite an overwhelming rejection of such law by the Senate who voted against it in February.

The new legislation makes sexual relations between persons of the same sex punishable by a prison sentence of three months to two years or a fine of 50 000 to 100 000 Francs (CFA) or both penalties.

“Burundi has taken a disappointing step backward by legalising discrimination”, Scott long, Director of the Lesbian, Gay, Bisexual and Transgender Rights (LGBTI) Program at Human Rights Watch (HRW) said.

He added “The government has fallen back on custom and culture to justify this repressive step, but there can be no justification for stripping some of Burundi’s people of their fundamental rights.”

In a joint statement with other 62 African and international human rights organizations HRW accused the Burundian president’s staff of making calls to a number of legislators attempting to influence them to vote for the Bill which was then in parliament.

According to these organisations article 567 of this law which penalizes consensual same sex relations by adults violates the rights to privacy and freedom from discrimination.

“These rights protected by Burundi’s Constitution and enshrined in its international treaty commitments, notably the international Covenant on Civil and Political Rights, the African Charter on Human and People’s Rights and the Universal Declaration of Human Rights”, organisations said in a statement.

They further expressed concern that the law will hamper Burundi to fight HIV and AIDS since, they say, the 2001 UN Declaration of Commitment on HIV and AIDS recognises that discrimination against vulnerable groups undermines public health responses to the syndrome. 

HRW further highlighted that the United Nations Working group on Arbitrary Detention deems arrests on the basis of sexual orientation as human rights violations.  

“The government claims to support human rights, but has passed a law that not only violates the right to privacy but also discriminates against a group of citizens who have been recognized as vulnerable to HIV and AIDS”, David Nahimana, president of the Burundian human  rights organization Ligue Iteka protested.

In November 2008 the Burundian National Assembly proposed this law which was rejected following strong opposition by the Senate.

Last month the lower house of Burundi’s parliament reversed the Senate’s vote that rejected the introduction of the law.

Furthermore the ruling party CNDD-FDD staged a mass protest on March 12 calling for the criminalisation of homosexual conduct, transporting adults and even pupils to this mass protest. 

Jeremie Ngendakumana chairman of the ruling party told reporters that day, that homosexuality was a sin and that mot Burundians believe it should be punished by law.

Amnesty International has noted that under this new law there will be imprisonment of people solely for their actual or imputed sexual orientation, including for private sexual relations between consenting adults. 

Whilst this law criminalises homosexuality, it, on the other hand, abolishes death penalty which baffles many people regarding its intentions.

 Although Burundi is now ranked as the 93^rd country in the world to do away with the death penalty the provision to homosexuality, according to human rights activists poses a threat.

“This good news is undermined by the government’s decision to criminalise homosexuality in violation of Burundi’s obligation under international and regional human rights law. It also flies in the face of Burundi’s constitution, which guarantees the right to privacy”, Erwin van der Borght Director of Amnesty International’s Africa Programme concluded.