Deputes unanimously voted to abandon Article 217 which formed part of the country’s 30-year old Penal Code that was being reviewed. After a marathon six day debate, the Code passed without any other major huddles.
The problematic article stated: “Any person who practices, encourages or sensitizes people of the same sex, to sexual relation or any sexual practice, shall be liable for a term of imprisonment ranging from five (5) to ten (10) years and fine ranging from Two Hundred thousand Rwanda Francs (200.000 RwF) to one million (1,000,000)Rwanda francs.”
The Penal Code was passed Wednesday evening and now moves to the Senate. However, members of civil society who were present as the debate raged also criticized the decision by parliamentarians not to even enact anything that would protect homosexuals.
Homosexuals had proposed to parliament to start formulating another legal instrument meant to protect gay rights. But unanimous opposition from some sections of the House meant that article 217 would be dropped but then there would be nothing criminalizing or respecting gay rights. This means, gays will continue operating from underground.
Lawmakers who wanted the article adopted shared the view that gay rights can only be accepted after “20 years because Rwandan culture needs to be protected”.
A protracted campaign from within and outside the country left government and lawmakers with no option but back down on adopting Article 217. The Political Affairs Committee chaired by RPF lawmaker Ms. Bernadette Kanzaire on Tuesday pleaded with lawmakers not to adopt this article.
The Committee report given to lawmakers suggested that outlawing homosexuality could contravene articles 16 and 26 of the United Nations Convenant on Civil and Political Rights that seek protection of all citizens with disregard to sex, religion and others.
It also emerged in the Tuesday session, also attended by Justice Minister Tharcisse Karugarama, that the UN HIV/Aids agency – UNAIDS – had petition government against undertaking any such criminalization of homosexuality because it would affect the HIV/Aids campaign.
Over the years, homosexuals had not come out openly but this debate brought some in the limelight. Several gay rights groups which were underground petitioned the hardliners in the House but nobody wanted to listen to them.
All indications from government were that the article would not become law. Minister Karugarama seemed to give it the last nail when he was quoted as saying homosexuality is a personal issue, not a state matter.
Though Rwanda has largely not had any public pressure from the donor community like Uganda – where a bill is before parliament outlawing homosexuality, the message from the US, Swedish and British governments was clear. These three governments came out publicly advising the Ugandan government to force parliament to drop the project.
At some point, celebrity American evangelist Rick Warren – a personal friend of President Paul Kagame and some Uganda officials, was blamed for the anti-gay crusade. In statement, he denied any involvement, and also maintained that he could not interfere in the internal affairs of any country.
Contrary to Uganda where the general public was said to be in favour of banning homosexuality, there have not been any polls gauging public opinion on the issue in Rwanda. However, during the National Dialogue two weeks ago, the issue was hastily thrown out of the high-level summit in the presence of President Kagame – on the request of Health Minister Dr. Richard Sezibera.