CIVIL SOCIETY ADVOCATES AGAINST CRIMINALIZING

UNCLAS KIGALI 000783 SIPDIS E.O. 12958: N/A TAGS: PHUM SOCI KCRM RW SUBJECT: CIVIL SOCIETY ADVOCATES AGAINST CRIMINALIZING HOMOSEXUALITY AND PROSTITUTION ¶1. (SBU) SUMMARY: A coalition of Rwandan civil society representatives met on November 18 to sign a petition urging legislators to remove two articles from the draft penal code, which is currently in parliament. According to the coalition, the proposed articles would criminalize homosexuality and sex work and contradict the Rwandan constitution and international conventions to which Rwanda is a signatory. The coalition believes the articles would have negative social and health implications for the two minority groups. They held a press conference November 21 and plan to deliver the petition and position paper to parliament by November 24. END SUMMARY. ¶2. (SBU) Over 20 representatives from local health and human rights NGOs met November 18 as a coalition to finalize a position paper and sign a petition urging parliament to remove two articles from the draft penal code. According to a translated version in the civil society position paper, article 217 states, "Any person who practices, encourages or sensitizes people of the same sex, to sexual relations or any sexual practice, shall be liable for a term of imprisonment ranging from five to ten years and fine ranging from 200,000 Rwandan Francs (approximately $400) to one million Rwandan Francs (approximately $2,000)," and article 221 states, "Any person who practices the profession of prostitution, shall be liable for a term of imprisonment ranging from six months to three years and a fine ranging from fifty thousand Rwandan Francs (approximately $100) to 500,000 Rwandan Francs (approximately $1,000) or one of the two sentences." According to the team of local legal and health experts who wrote the position paper, the articles violate human rights and gender equality, contradict the Rwandan constitution, and disregard international conventions to which Rwanda is a signatory. ¶3. (SBU) At the meeting, chaired by the president of the Rwanda NGO Forum on HIV/AIDS and Health Promotion, the group discussed the possible implications of the two articles, expressing concern that these articles would likely push minority groups further into hiding and they will have no access to health and other social services. Another concern was that the vague wording of the articles could make advocacy activities such as condom distribution and HIV testing for these groups illegal. The participants also discussed the fact that although government officials initially denied the existence of a Lesbian, Gay, Bi-Sexual, Trans-Gender, and Intersexual (LGBTI) community in Rwanda, the 2009-2012 Rwanda National Strategic Plan on HIV and AIDS did identify men having sex with men (MSM) as a group at high risk for HIV/AIDS and targeted it for prevention and treatment services. ¶4. (SBU) The meeting concluded with 14 of 18 local civil society representatives signing the petition and three or four representatives promising signatures from their organization's head. One group, the Horizon Community Association of Rwanda (HOCA),which advocates for the rights of the LGBTI community, has not yet signed, reportedly because they are wary of a paper that groups LGBTI and sex workers together. The coalition plans to deliver the petition and position paper to the speaker of parliament, individual members, and key ministries by November 24. Additionally, they held a press conference November 21. The coalition believes parliament will resume discussion on the penal code Qbelieves parliament will resume discussion on the penal code in the next two weeks. (Note: According to civil society representatives, parliament has passed the first 100 articles in the penal code. End Note.) ¶5. (SBU) COMMENT: Homosexuality is a sensitive issue in Rwanda, with many believing it immoral and alien to Rwandan culture. During the meeting many representatives snickered and pointed when two women in men's clothing, both representatives of HOCA, stood to discuss the petition. Additionally, civil society in Rwanda faces challenges such as lack of capacity and education, little understanding of advocacy and activism, and losing talented employees to better paying jobs. Rwandan civil society representatives have been lobbying government officials and members of parliament, some of whom have responded that homosexuality is a "western issue" and that if the debate reaches Parliament, it will be "longest debate ever." One homosexual involved in the campaign has reportedly received anonymous threats and one of the leading NGOs has pulled out of the campaign. END COMMENT. SYMINGTON