Burundi

Same-sex sexual activity is prohibited under Article 590 of the Penal Code, which criminalises acts of ‘same-sex sexual relations’. This provision carries a maximum penalty of two years’ imprisonment. Both men and women are criminalised under this law.

With the passage of the 2009 Penal Code, Burundi criminalised same-sex sexual activity for the first time in its history. It had never previously criminalised since independence in 1962. The Penal Code was revised in 2017, however the provision criminalising same-sex intimacy was retained.

There has been a notable increase in arbitrary arrests on grounds said to relate to same-sex intimacy in recent years. There have also been some reports of discrimination and violence being committed against LGBT people, including harassment, threats, intimidation, and extortion.

2022

Law no. 1/10 of 16 March 2022, which is ostensibly aimed at curtailing cybercriminality has also raised concerns regarding the lack of clarity over what constitutes “illegal online activity” and the risk that it could be used to target LGBT people and civil society.

2017

The Penal Code was revised. The provision criminalising same-sex intimacy was retained, now under Article 590 (previously Article 567 of the 2009 Code).

2011

In July, the Minister of Education introduced an ordinance which imposes a punishment of one year’s suspension from school for pupils found guilty of “homosexuality”.

2009

In April, Burundi criminalised consensual same-sex sexual acts between adults for the first time in its history. According to one report, prior to the Bill’s amendment, many senators were against the provision but succumbed to pressure from religious groups.

2023

ILGA World reported that there were at least 12 cases of enforcement of the criminalising provision between 2009 and 2021.

2020

The US Department of State report found that “there were no reports of prosecution for same-sex sexual acts during the year.” Similar results were found in recent years.

2022

The US Department of State reported “that government agents incited, condoned, and tolerated violence against LGBTQI+ persons”. The report further mentioned that “stigma and discrimination against the LGBTQI+ community was disproportionately high”, leading to soaring levels of discrimination in housing, employment, nationality laws, and access to healthcare and other government services.

2017 

The US Department of State Human Rights report found that there were cases of harassment, intimidation, arbitrary arrests, and demands for bribes by police officers and members of the Imbonerakure targeting lesbian, gay, bisexual, transgender, and intersex individuals.

In October, the police in Burundi announced the “hunt for homosexuals”. This announcement came after several LGBT persons, including teenagers, were arrested and forced to pay extortionate bribes for their freedom.

2014

A civil society report released in September indicates a large degree of societal discrimination in Burundi.

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