Sexual Orientation and Gender Identity (SOGI)

English

This research focuses mainly on the specific situation of homosexuals in Rwanda. However, Cedoca refers a number of times to the acronym LGBT which encompasses other realities but which is used by a significant number of the consulted sources. Similarly, the term “men who have sex with men” (MSM), often used in an academic or epidemiological context and which focuses on sexual practice rather than sexual orientation, also appears in this COI Focus whenever it is used by a source. The term "homosexual" designates both men and women, but Cedoca uses the terms "gay" and "lesbian” when the focus is on the specific experience of one or the other.

Cedoca has also included in this COI Focus information about gender identity in Rwanda, especially when this appears in the broader context of LGBT rights.

The desk research covers the period from 2014 to 22 October 2019.

The Rwandan Penal Code does not punish homosexuality or relations between people of the same sex. The Rwandan Constitution prohibits discrimination on the basis of different criteria, including sex, but does not include sexual orientation or gender identity.

Cedoca found no information on legal actions against LGBT people. NGOs, however, point out the difficulty for LGBT people to access adequate legal assistance. Some organisations believe that LGBT people cannot seek protection from the courts or the police because of the prejudice and ignorance within these state institutions. The high degree of social stigma and discrimination is also a factor that prevents LGBT people from filing complaints. On the other hand, some LGBT people report not being discriminated against by the authorities.

Several sources claim that harassment as well as illegal arrests and brief detentions of LGBT people still take place on the basis of false accusations such as indecent assault. Often, auxiliary forces of the army or the police are the perpetrators.
The consulted sources unanimously highlight the discrimination, stigmatisation and violations of the rights of the LGBT community within Rwandan society, which is culturally conservative and largely influenced by religion. Most LGBT people report that it is very difficult to “come out” for fear of being stigmatised and excluded by loved ones, friends or neighbours. In rural areas, negative attitudes towards LGBT people and the social isolation they experience are greater than in cities, where some LGBT people dare to be more open about their sexual orientation.

In a 2008 and 2009 survey of around 100 MSM in Kigali, one in five participants said they had experienced abuse, including sexual violence, because of their sexual orientation. Although instances of violence still occur, violence against LGBT people has decreased significantly since 2009, according to a Laterite survey published in 2018.

The consulted sources point to different social areas where LGBT people encounter discrimination. Witnesses say they were excluded by their families. Others are victims of harassment and discrimination within educational institutions on the part of other students or the teaching staff. Some denounce the stigmatisation they face on the employment and housing markets. Many instances have been reported of LGBT people chased from their homes. School dropout rates, illiteracy, unemployment, homelessness and poverty are particularly high within the LGBT community.

In the field of healthcare, access to conventional medical structures is difficult because of the stigmatisation that LGBT people encounter there. However, a number of organisations cater for LGBT people, offering various health services, particularly in the capital.

Since 2004, several LGBT rights organisations have emerged, mostly in Kigali. These are rarely officially registered and do not always identify themselves as LGBT associations for fear of not being registered by the authorities. They face a lack of resources and expertise. Some more mainstream organisations also include LGBT people in their services and advocacy. LGBT organisations are reluctant to engage with the Rwandan media, which they accuse of being homophobic.

Kagame has declared that homosexuality "is not a problem" in Rwanda. At the same time, the president, like the majority of political figures, generally does not speak out publicly on homosexuality. Several sources speak of a strategic silence on the part of the authorities. The political mobilisation of the LGBT community is limited.

Several sources highlight the very negative position towards LGBT people of the Christian and Muslim clergy, who call for discrimination and intolerance. However, one church in Kigali, the TFAM, was specifically created to be LGBT inclusive.

 

Policy

The policy implemented by the Commissioner General is based on a thorough analysis of accurate and up-to-date information on the general situation in the country of origin. This information is collated in a professional manner from various, objective sources, including the EASO, the UNHCR, relevant international human rights organisations, non-governmental organisations, professional literature and coverage in the media. When determining policy, the Commissioner General does not only examine the COI Focuses written by Cedoca and published on this website, as these deal with just one aspect of the general situation in the country of origin. The fact that a COI Focus could be out-of-date does not mean that the policy that is being implemented by the Commissioner General is no longer up-to-date.

When assessing an application for asylum, the Commissioner General not only considers the actual situation in the country of origin at the moment of decision-making, he also takes into account the individual situation and personal circumstances of the applicant for international protection. Every asylum application is examined individually. An applicant must comprehensively demonstrate that he has a well-founded fear of persecution or that there is a clear personal risk of serious harm. He cannot, therefore, simply refer back to the general conditions in his country, but must also present concrete, credible and personal facts.

There is no policy paper for this country available on the website.

Land: 
Rwanda

Information about the asylum procedure, tailored to the asylum seeker, can be found at : asyluminbelgium.be.