Tanzania
Tanzania criminalises same-sex sexual activity between men and between women. Sentences include a maximum penalty of life imprisonment.
Types of criminalisation
- Criminalises LGBT people
- Criminalises sexual activity between males
- Criminalises sexual activity between females
Summary
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.
Law and Legal Developments
2022
Law no. 1/10 of 16 March 2022, which is ostensibly aimed at curtailing cybercriminality 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).
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.
Criminal Provisions
Penal Code 2017, Article 590 Same-Sex Sexual Relations
Whoever has sexual relations with someone of the same sex shall be punished with imprisonment from three months to two years and a fine from fifty thousand to one hundred thousand francs or one of those penalties.
Enforcement
2023
In February, 24 people were arrested in Burundi as part of a security crackdown on “homosexual practices”, a judicial source and an activist told the Agence French Press (AFP). The arrests took place in the political capital Gitega, where members of MUCO Burundi, a non-profit organisation that focuses on HIV/AIDS, were attending a seminar.
“They are accused of homosexual practices and of inciting homosexual practices among adolescent boys and girls to whom they give money”, the activist said, calling the claims “absurd and baseless”.
The governor of Gitega province, Venant Manirambona, confirmed the arrests to AFP but refused to elaborate further. In March it was reported that all 24 individuals were charged with “homosexual practices”.
In December, in a conference with journalists, President Evariste Ndayishimiye described homosexuality as a “curse” and stated that, “if we find them [LGBTQ individuals] in Burundi, it is better to lead them to a stadium and stone them”.
2021
ILGA World reported that there were at least 12 cases of enforcement of the criminalising provision between 2009 and 2021.
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 years.
[G]iven the Constitution of the Republic of Burundi, our culture, the position of various African countries, not to mention the Holy Scriptures, we cannot allow homosexuality to be legally practised in Burundi.
Discrimination and Violence
2022
The US Department of State reported “that government agents incited, condoned, and tolerated violence against LGBTQI+ persons”. The report further mentioned that “stigma and discrimination against the LGBTQI+ community was disproportionately high”, leading to soaring levels of discrimination in housing, employment, nationality laws, and access to healthcare and other government services.
2017
The US Department of State Human Rights report found that there were cases of harassment, intimidation, arbitrary arrests, and demands for bribes by police officers and members of the Imbonerakure targeting lesbian, gay, bisexual, transgender, and intersex individuals.
In October, the police in Burundi announced the “hunt for homosexuals”. This announcement came after several LGBT persons, including teenagers, were arrested and forced to pay extortionate bribes for their freedom.
2014
A civil society report released in September indicates a large degree of societal discrimination in Burundi.
References
1. Penal Code 2009, Article 567 Same-Sex Sexual Relations
“Whoever has sexual relations with someone of the same sex shall be punished with imprisonment for three months to two years and a fine of fifty thousand to one hundred thousand francs or one of those penalties.” Full text.
Related Countries
Local Organisations
East Africa Trans Health and Advocacy Network
a regional network of trans diverse activists and organisations in East Africa, including Kenya.
Mouvement pour les Libertés Individuelles
an organisation based in Burundi which aims to achieve equal rights for LGBT people.
Rainbow Candle Light
a Burundian LGBT community-based organisation.
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