MINISTRY OF HEALTH LOBBIES AGAINST

C O N F I D E N T I A L KIGALI 000860 SIPDIS E.O. 12958: DECL: 12/16/2019 TAGS: PHUM PGOV SOCI KHIV RW SUBJECT: MINISTRY OF HEALTH LOBBIES AGAINST ANTI-HOMOSEXUALITY LEGISLATION Classified By: Ambassador W. Stuart Symington for reasons 1.4 (b) (d) ¶1. (SBU) SUMMARY: At a December 7 heath sector meeting, Ministry of Health (MOH) permanent secretary, Dr. Agnes Binagwaho, and National AIDS Control Commission executive director, Dr. Anita Asiimwe, criticized strongly draft legislation in parliament that would criminalize homosexuality, and said that the MOH would lobby against the article in question. END SUMMARY. ¶2. (SBU) On December 7, health sector stakeholders met to discuss findings of a small-scale behavioral study on 99 men who have sex with men (MSM) in Kigali. Among the participants were the MOH permanent secretary, the National AIDS Control Commission executive director, two parliamentarians, CDC and USAID employees, and civil society representatives. Following a presentation on the study, the discussion turned to an article in the draft penal code that would criminalize homosexuality. (Note: This legislation is in the lower house of parliament, which may extend its current, extraordinary session this week to work on the penal code, which is largely unchanged from 1978. End Note.) Dr. Binagwaho declared that "Homosexuality exists everywhere, in every time, in every kind of life...it is not a disease, it is not contagious, it is a predisposition." Dr. Asiimwe expressed similar sentiments, noting that MSM are a target population in the National Strategic Plan on HIV/AIDS for 2009-2012. ¶3. (SBU) The parliamentarians expressed more conservative views, arguing that homosexuality in Rwanda is a result of Western influence. The study coordinator, who is openly gay, said that the law would hurt Rwanda's reputation as a country with a progressive response to HIV/AIDS, especially with regard to tolerance and protection of vulnerable groups. After discussion on whether to use a human rights or public health argument for lobbying efforts with Parliament, the group decided to use both. ¶4. (C) Despite her own criticism of the draft legislation, Dr. Binagwaho castigated civil society representatives for holding a press conference publicly criticizing the draft law. She also supported a more restrictive approach to disseminating information about MSM, such as limiting access to those over 18. When asked privately whether that provision would restrict scientific discussion on MSM, she responded that religious groups are too strong in Rwanda to allow open discussion about homosexuality. ¶5. (C) COMMENT: The National AIDS Control Commission appears to have intended this meeting not just to disseminate findings from the study, but also to influence parliamentarians. The sentiments expressed by Drs. Binagwaho and Asiimwe echo that shared with us by Minister of Health Sezibera, one of the more influential figures in government, who advised us previously that high-profile lobbying by Western embassies would likely be counterproductive and harden parliamentarians' views. Post will continue to monitor developments closely and attempt to influence this legislation in an appropriate manner. END COMMENT. SYMINGTON