VZCZCXRO6812
PP RUEHGI RUEHRN
DE RUEHLGB #0033/01 0131303
ZNR UUUUU ZZH
P 131303Z JAN 10
FM AMEMBASSY KIGALI
TO RUEHC/SECSTATE WASHDC PRIORITY 6585
INFO RUEHXR/RWANDA COLLECTIVE
RUEHLMC/MILLENNIUM CHALLENGE CORP 0156
RUZEFAA/HQ USAFRICOM STUTTGART GE
RUEAIIA/CIA WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC

UNCLAS SECTION 01 OF 02 KIGALI 000033 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV RW
SUBJECT: CIVIL SOCIETY ADVOCATES AGAINST CRIMINALIZING SEX 
WORKERS 
 
KIGALI 00000033  001.2 OF 002 
 
 
¶1. (SBU) SUMMARY: A coalition of civil society 
representatives met January 5 to discuss an article in the 
draft penal code criminalizing sex workers. The lower house 
adopted the penal code in December and will send it to the 
Senate after translating it into French and English. The 
article carries a penalty of imprisonment and/or a fine to 
both the sex worker and the client. The coalition is 
concerned over possible negative health and human rights 
impacts the law might have on sex workers. END SUMMARY. 
 
¶2. (SBU) A coalition of Rwandan NGOs working on issues such 
as health, media, youth, literacy, and women met January 5 to 
discuss urging senators to remove an article in the draft 
penal code that would criminalize sex workers. (Note: In late 
2009, these same groups lobbied the lower chamber of 
parliament to remove two articles from the draft penal 
code--one criminalizing homosexuality and the other 
criminalizing sex work. In December, the lower chamber 
removed the former but passed the latter, and will send the 
draft to the senate once it is translated into French and 
English. End Note.)The proposed legislation carries a penalty 
of six months to three years in prison and/or a fine of 
50,000 to 500,000 Rwandan francs (approximately $100-$1,000). 
Each judge would also have the option to put the accused on 
probation for a period of up to one year with stipulations 
that can include: restrictions on travel, investigations, 
medical care/hospitalization, and/or mandatory meetings with 
authorities. These punishments apply to both the sex worker 
and the client. According to some participants who observed 
debates on the penal code in the lower chamber, 
parliamentarians expressed concerns that the law may only 
punish poor sex workers who are visible on the roadside, it 
could be difficult to enforce, and producing evidence of sex 
work could be impossible. After the debates, they passed the 
article. 
 
¶3. (SBU) The Rwandan NGO coalition believes that it was, in 
part, their efforts that led to the removal of the 
homosexuality legislation. They also acknowledged that the 
Minister of Justice's recognition of the various 
international conventions to which Rwanda is a signatory and 
the Rwandan constitution, which guarantees citizens are equal 
before the law without discrimination, played an important 
role. Sex work is a very different issue; some 
parliamentarians argue that even in countries with 
exceptional human rights records, sex work is a crime. 
Together the coalition agreed on several points regarding the 
legislation. First and foremost, they are concerned that 
criminalizing sex work will push this already vulnerable 
group further into hiding, making it more difficult to reach 
them with health services, especially for HIV/AIDS. (Note: 
According to some NGOs, sex workers in Rwanda are already a 
very difficult group to reach. End Note.) From the human 
rights aspect, they argued that this law could expose sex 
workers to increased harassment and abuse and will leave them 
no legal recourse. Another aspect is gender.  The majority of 
sex workers are female and the coalition thinks that with the 
Rwandan government's commitment to gender equality, plus the 
fact that a third of Rwanda's senators are women, it can make 
a strong case against imprisoning vulnerable women instead of 
finding them alternative sources of income. And finally, the 
coalition noted that imprisoning a sex worker for three years 
Qcoalition noted that imprisoning a sex worker for three years 
will not address the root cause--poverty. Like with the 
homosexuality article, the group mentioned several 
commitments Rwanda has made, such as ensuring universal 
access to HIV services, that it can use when lobbying 
senators. 
 
¶4. (SBU) The coalition chose a small committee to draft a 
position paper, to be shared among the group for comments. 
Once finalized, the paper can be used in lobbying efforts 
with individual members of the senate, Ministry of Health 
officials, and the National AIDS Commission, which includes 
sex workers as a target group for HIV services in its 
national strategic plan. The coalition is considering holding 
a workshop for civil society, international NGOs, senators, 
parliamentarians, and other government officials to discuss 
the importance of access to health and HIV services for all 
groups in Rwanda. Some local and international NGOs in Rwanda 
provide services to sex workers, and it is unknown how this 
law could impact their work. 
 
¶5. (SBU) COMMENT: Although sex work is not as sensitive an 
issue in Rwanda as homosexuality, it is noteworthy that the 
coalition--a loosely organized, unregistered group--is again 
preparing to lobby parliament. The fact that the group, 
despite its unregistered status, felt confident enough to 
 
KIGALI 00000033  002.2 OF 002 
 
 
hold a press conference publicizing the draft article 
criminalizing homosexuality may indicate that it has some 
political backing. That said, it does not appear that civil 
society efforts influenced significantly parliamentarians' 
decision to remove the homosexuality legislation; rather, 
lobbying and statements by key government figures were 
decisive. Rwandan civil society is weak and neither its 
members nor the government fully understands its role. These 
recent efforts may be an indicator of increasing strength and 
organization. After the meeting, one participant mentioned 
that he would like to see this group become more formal and 
be available to advocate on any important issues that arise. 
END COMMENT. 
SYMINGTON