VZCZCXRO7323
PP RUEHGI RUEHRN
DE RUEHLGB #0783 3281649
ZNR UUUUU ZZH
P 241649Z NOV 09
FM AMEMBASSY KIGALI
TO RUEHC/SECSTATE WASHDC PRIORITY 6443
INFO RUEHXR/RWANDA COLLECTIVE
RUCNDT/USMISSION USUN NEW YORK 0314
RUZEFAA/HQ USAFRICOM STUTTGART GE
RUEAIIA/CIA WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC
RUEHLMC/MILLENNIUM CHALLENGE CORP 0107

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