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Quick Facts: Burundi’s Anti-Gay Legislation

Quick Facts: Burundi’s Anti-Gay Legislation

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In the wake of Nigeria’s and Uganda’s recent legislation that criminalizes homosexuality, we look at Burundi’s similar treatment of its LGBT community. The growing trend of anti-gay sentiment and discrimination in Africa is unsettling and disturbing, but seems to show no sign of abating in the near future.

Sources: Wikipedia.org, CSMonitor.com, HRW.org, RefugeeLegalInformation.org, News.NationalGeographic.com, UNAIDS.org

USAfricaOnline.com
USAfricaOnline.com

Burundi’s anti-homosexuality law was signed into law by President Pierre Nkurunziza on April 22, 2009

The actual signing was done in secret, after several months of back-and-forth between Burundi’s Senate and National Assembly. It is thought that Nkurunziza signed Article 567 into law as a political ploy to solidify the support of more socially conservative constituents.

AfricaReview.com
AfricaReview.com

The law was initially rejected by the Burundi Senate, but the decision of the National Assembly prevailed

Under the Burundian constitution, the decision of the National Assembly holds in cases where the two houses come into conflict on an issue. Despite the fact that the Senate voted overwhelmingly against the bill in November 2008, it was still passed just six months later.

JacksonvilleJerk.Wordpress.com
JacksonvilleJerk.Wordpress.com

This was in large part due to intense campaigning by the president’s party, the National Council for the Defense of Democracy (CNDD-FDD)

Following the Senate’s strike down of the bill in November 2008, the CNDD-FDD staged an enormous protest in March 2009. They bussed in schoolchildren and adults from rural provinces across the country, and marathon-called legislators to try to influence their votes.

WomenNewsNetwork.net
WomenNewsNetwork.net

One of the first sub-Saharan African countries to formally criminalize homosexuality

In recent months, several other countries have followed suit, including Nigeria and Uganda. Still others, such as Kenya, Liberia, South Sudan, Mauritania, and Southern Somalia, also have standing anti-gay legislation.

News.NationalGeographic.com
News.NationalGeographic.com

Sexual relations with the same sex may be punishable by imprisonment and fines

According to the law, same-sex sexual relationships are subject to three months to two years in prison, in addition to fines between 50,000-100,000 Burundian francs.

TimesLive.co.za
TimesLive.co.za

Burundian politicians viewed the law as a vehicle to “send a message about Burundian values”

While few arrests have been made as a result of this law, public sentiment remains against homosexuality in Burundi, and its politicians have made no secret of their shared opinions. President Nkurunziza has repeatedly referred to homosexuality as a “curse,” and former CNDD-FDD Party Chairman Jeremie Ngendakumana was once quoted as saying, “Homosexuality is a sin. It is a culture which has been imported to sully our morals and is practiced by immoral people.”

AllAfrica.com
AllAfrica.com

Even before Article 567, the LGBT community faced harsh discrimination and violence in Burundi

Human Rights Watch interviewed LGBT individuals in Burundi, who told stories of being beaten, banned from their family homes, subjected to sexual violence, and turned away by the police when they went to seek help.

AllAfrica.com
AllAfrica.com

Many gay and lesbian men and women enter opposite-sex marriages to avoid discrimination

About 90 percent of gay men interviewed in Burundi are in heterosexual marriages, according to Burundian LGBT group Humure. Social pressure and the desire to avoid discrimination and stigma force many people in the LGBT community to make this choice.

En.StarAfrica.com
En.StarAfrica.com

Article 567 exists in direct contrast to the Burundian Constitution

The Burundian Constitution has several articles that ensure basic human rights for its people, but seem to be in contrast to the provisions of Article 567. For instance, Article 28 provides for the right to privacy, Article 17 ensures the right to be free from discrimination, and Article 19 protects for the rights that are ensured by international conventions.

JamboNews.net
JamboNews.net

It is feared that anti-homosexuality laws in Burundi will weaken attempts to combat the spread of HIV/AIDS in the LGBT community

According to UNAIDS, there were approximately 89,000 people living with HIV/AIDS in Burundi in 2012, and nearly 5,000 deaths occurred due to HIV/AIDS in that year alone.