burundian gays oppose new anti-homosexual penal code

Nomancotsho Pakade (BTM Link project coordinator)

BURUNDI – 4 December 2008: Growing concerns about the new Burundian Penal Code have surfaced with the lesbian, gay, bisexual, transgender and intersex (LGBTI) community opposing the fact that it criminalises homosexuality.

The penal code, which was voted in by the National Assembly on 22 November 2008 abolishes death penalty, makes torture, genocide, war crimes and crimes against humanity punishable under Burundian law.

However the new law makes consensual homosexual conduct a criminal offense, decriminalises arbitrary detention by state agents and gives only the state a right to address spousal violence.

Under this new penal code, homosexual acts will be punishable with 3 months to 2 years imprisonment for the first time in the history of that country as the current penal code was silent on homosexuality.

To become law, the code must be approved by the Senate and then signed by the President.

“We Applaud the National Assembly for its positive steps but we look at the Senate to retain strong advances in the new penal code while amending the negative provisions concerning homosexual activity, spousal violence and abuse of power by state agents”, Alison Des Forges, Senior Advisor to the Africa division at Human Rights Watch (HRW) said.   

HRW believes that in the new penal code the Burundian National Assembly has adopted a clearer and more comprehensive definition of rape, bringing on board harsher penalties than provided for in the current code, adopted in 1981.

The Assembly also approved changes that provide greater protection to children in conflict with the law.

The new code also raises the age of criminal responsibility from 13 years old to 15 years old and provides reduced penalties as well as alternative sentences for youth ages 15 to 18.

Unhappy with the new code’s stipulations on homosexuality, Georges Kanoma, Coordinator of Association pour le Respect et les Droits des Homosexuels’(ARDHO), an  LGBTI organization dealing with HIV/Aids prevention in Burundi said that ARDHO has sent a letter of Protest to the President of the Senate so as to prevent the penal code from being passed into law even though they have not received a response.

He added ARDHO and the National Council for the fight against AIDS have collaborated to create a crisis committee which will, next week, meet with the Health Minister said to be against this new penal code.

ARDHO has also formulated a committee to meet with foreign diplomats in Bujumbura, thus increasing pressure for the exclusion of this bill.

Kanoma describes the present mood in the LGBTI community as that of ‘panic’ as some of ARDHO’s members have reported fear of being identified or even attacked due to the known or apparent sexual orientation.

Even so ARDHO seems to be passionate in advocating for the rights of the LGBTI people in Burundi as they are optimistic that their noise within government and in society will have a positive impact regarding the new penal code.