Burundi

Same-sex sexual activity is prohibited under Article 590 of the Penal Code, which criminalises acts of ‘same-sex sexual relations’. This provision carries a maximum penalty of two years’ imprisonment. Both men and women are criminalised under this law.

With the passage of the 2009 Penal Code, Burundi criminalised same-sex sexual activity for the first time in its history. It had never previously criminalised since independence in 1962. The Penal Code was revised in 2017, however the provision criminalising same-sex intimacy was retained.

There has been a notable increase in arbitrary arrests on grounds said to relate to same-sex intimacy in recent years. There have also been some reports of discrimination and violence being committed against LGBT people, including harassment, threats, intimidation, and extortion.

2022

Law no. 1/10 of 16 March 2022, which is ostensibly aimed at curtailing cybercrime, has also raised concerns regarding the lack of clarity over what constitutes ‘illegal online activity’ and the risk that it could be used to target LGBT people and civil society.

2017

The Penal Code was revised. The provision criminalising same-sex intimacy was retained, now under Article 590 (previously Article 567 of the 2009 Code).

ILGA World reported in its Identities Under Arrest report that, following amendment, the Penal Code now indirectly criminalises gender expression. However, we are not aware of any evidence that this law has been used to prosecute transgender people.

2011

In July, the Minister of Education introduced an ordinance which imposes a punishment of one year’s suspension from school for pupils found guilty of ‘homosexuality’.

2009

In April, Burundi criminalised consensual same-sex sexual acts between adults for the first time in its history. According to one report, prior to the Bill’s amendment, many senators were against the provision but succumbed to pressure from religious groups. Human Rights Watch reports that the anti-LGBT provision was added late on in the process following pressure from President Nkurunziza.

2025

Outright International reports in its country overview that people have been arrested for charges related to ‘homosexuality’ and forced to pay exorbitant bribes to secure their release.

2023

2020

The US Department of State report found that “there were no reports of prosecution for same-sex sexual acts during the year.” Similar results were found in recent iterations of this report.

2017

In October, an “official hunt” of LGBT people was reportedly launched by police. By November, several LGBT people including two teenagers were being held in jails and forced to pay extortionate bribes for their freedom.

ILGA World reported that seven individuals having tea together were arrested and charged under the homosexuality law in October because police perceived them to be LGBT.

A 2017 civil society report cited by ILGA World reported that health educators have been arrested and accused of “promoting homosexuality” for providing HIV counselling, including a case in 2016 in which an educator was detained for three weeks.

2025

Outright International reports in its country overview that LGBT organisations are forbidden from registering due to having objectives that allegedly contravene the law.

2024

Amnesty International reported that during a speech for International Women’s Day in March, President Ndayishimiye stated: “I’ve said it and I repeat it, homosexuals should be publicly stoned.”

2023

The US Department of State report noted that government “incited, condoned, and tolerated violence against LGBTQI+ persons.” They did not report incidents due to stigma, a desire to protect their identities, and concerns about criminalisation. These acts took place with impunity. Anti-LGBT discrimination was reported in schools, work, and church.

In December, in a conference with journalists, President Evariste Ndayishimiye stated that, “if we find these people [LGBTQ individuals] in Burundi, they should be taken to stadiums and be stoned”.

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