Human rights organisations from around the world have joined together to call for the immediate reversal of Burundi’s criminalisation of homosexuality.
On April 22nd, President Pierre Nkurunziza secretly signed legislation that for the first time in Burundi’s history criminalised consensual same-sex sexual relations between adults.
“Burundi has taken a disappointing step backward by legalizing discrimination”, said Scott Long of Human Rights Watch.
President Nkurunziza has previous described homosexuality as a “curse”. The country’s Senate overwhelmingly rejected legislation to criminalise homosexuality in February this year after it had been passed by the National Assembly. However, in cases of conflict between the country’s legislative assemblies, the decision of the lower house takes precedence.
Sex between consenting adults of the same sex will now be punishable in Burundi by up to two years in prison. “The government [of Burundi] has fallen back on ‘custom’ and ‘culture’ to justify this repressive step”, said Long, “there can be no justification for stripping some of Burundi’s people of their fundamental rights.”
Human rights organisations are highlighting that the law violates the country’s constitution that guarantees privacy and freedom from discrimination as well as a number of international agreements to which Burundi is a signatory.
Alarm has also been expressed that the law will hamper HIV prevention work. “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/AIDS”, said David Nahimana of Ligue Iteka, a Burundi human rights organisation.
Last year’s International AIDS Conference heard how the violation of the human rights of gay men and the neglect of their health needs was contributing to the HIV epidemic in this population. Even in countries with generalised, heterosexual HIV epidemics, a disproportionate number of HIV infections are located amongst gay and other men who have sex with men. Earlier this year, nine men were imprisoned in Senegal after being arrested by police at the home of an HIV prevention worker. Condoms and lubricants were used as evidence of homosexual sex in the trial. The convictions provoked an international outcry and were subsequently reversed on appeal.