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Recognition of same-sex unions in Rwanda

Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
  9. ^ Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. ^ Romania provides hospital visitation rights through a "legal representative" status.
LGBTQ portal

Rwanda does not recognise same-sex marriages or civil unions. The Constitution of Rwanda forbids same-sex marriage, having been modified in 2003 to state that "a civil monogamous marriage between a man and a woman is the only recognised marital union."[1]

Historical recognition of same-sex relationships

In the Kingdom of Rwanda, male homosexual relations were common among young Hutus and Tutsis. In 1986, a 19-year-old Tutsi man was recorded as saying that "traditionally, in his tribe, there was an extended period during which boys lived apart from the rest of the village while they are training to be warriors, during which very emotional, and often sexual, relationships were struck up... Sometimes these relationships lasted beyond adolescence into adulthood. Watusi still have a reputation for bisexuality in the cities of East Africa." Young men served in the royal courts and provided sexual services for visitors and elites. In addition, there were traditions of "cross-dressing priests", known as ikihindu, who "carr[ied] out feminine roles and donn[ed] women's regalia" and would play the role of shamans and healers.[2][3] All these practices gradually disappeared as Rwanda became more modernized and exposed to Western culture and homophobia in the 20th century.

Same-sex sexual activity legal
  Same-sex marriage
  Limited recognition (foreign residency rights)
  No recognition of same-sex couples
Same-sex sexual activity illegal
  Prison but not enforced
  Prison
  Death penalty on books but not enforced
  Enforced death penalty

Background

Same-sex sexual relations are legal in Rwanda. Nevertheless, gays and lesbians continue to experience societal and legal discrimination, and social rejection remains a "daily reality for many". Some LGBT people have reported being harassed and blackmailed.[4][5] In February 2017, a Rwandan TV journalist proposed to her same-sex partner, and they publicly prepared for a wedding abroad. Their engagement "sparked anger" in the media and civil society.[6]

In 2022, John Mudakikwa, executive director of the Centre for Rule of Law Rwanda (CERULAR), said, "This community may need special rules, I mean, special laws. We may need laws on marriage, same sex marriage. We may need laws regulating or punishing anti-discrimination of all forms. Discrimination including LGBT people. We need the laws and policies to recognise LGBT persons as a distinct group of people."[7]

Restrictions

The Law governing persons and family (Kinyarwanda: Itegeko rigenga abantu n'umuryango; French: Loi régissant les personnes et la famille; Swahili: Sheria inayosimamia watu na familia) does not expressly forbid same-sex marriages and does not contain a definition of marriage. Article 166 states that "civil monogamous marriage contracted upon mutual consent before the public administration is the only marriage recognised by law."[8] The law does not explicitly define marriage in gender-specific terms. Nevertheless, same-sex couples cannot marry in Rwanda and do not have access to the legal rights, benefits and obligations of marriage, including protection from domestic violence, adoption rights, tax benefits and inheritance rights, among others. Civil unions (Kinyarwanda: ubufatanye cy'amategeko; French: union civile; Swahili: ushirikiano wa kiraia), which would offer a subset of the rights and benefits of marriage, are likewise not recognised in Rwanda.

Article 17 of the Constitution of Rwanda explicitly bans same-sex marriage:[9]

A civil monogamous marriage between a man and a woman is the only recognised marital union.[a]

This constitutional ban was enacted with the adoption of a new constitution in May 2003 following a referendum. Article 18 of the Constitution further states that "the family, being the natural foundation of the Rwandan society, is protected by the State. [...] The State puts in place appropriate legislation and organs for the protection of the family, particularly the child and mother, in order to ensure that the family flourishes." Article 17 also guarantees "the right to marry and found a family", and that "spouses are entitled to equal rights and obligations at the time of marriage, during the marriage and at the time of divorce."[1]

Religious performance

The Catholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans, a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples.[10] The Episcopal Conference of Rwanda issued a statement on 21 December 2023 that the declaration "does not change the teaching of the Church regarding the blessing of the sacrament of Holy Matrimony." It concluded that "the teachings of the Church on Christian marriage have not changed. For this reason, the Church cannot bless same-sex relationships because it would contradict God's law and our culture."[11][12][13]

See also

Notes

  1. ^ Kinyarwanda: Ugushyingiranwa k'umugabo umwe n'umugore umwe gukorewe mu butegetsi bwa Leta ni ko kwemewe.
    French: Le mariage civil monogamique entre un homme et une femme est la seule union conjugale reconnue.
    Swahili: Ndoa ya kiserikali ya mume mmoja na mke mmoja ndiyo muungano pekee wa ndoa unaotambuliwa kisheria.

References

  1. ^ a b "Rwanda 2003 (rev. 2015) Constitution". www.constituteproject.org. Retrieved 30 April 2025.
  2. ^ Murray, Stephen O.; Roscoe, Will (2021). Boy-Wives and Female Husbands (PDF). SUNY Press.
  3. ^ Okwenna, Chrysogonus (2021). "Homosexuality in Traditional Africa". Obademi Awolowo University Press.
  4. ^ "Gay Rwanda 2005". Archived from the original on 9 June 2009.
  5. ^ Kageha Igonya, Emmy (16 May 2022). "Rwanda: LGBT rights are protected on paper, but discrimination and homophobia persist". The Conversation.
  6. ^ Elrasam, Hamada (27 April 2017). "Rwandan LGBT Community Steps Out of Shadows". VOA News.
  7. ^ "Rwanda's LGBTQ+ community still faces discrimination". africanews. 13 August 2022.
  8. ^ "Law governing persons and family". www.refworld.org. Retrieved 30 April 2025.
  9. ^ "Constitution of the Republic of Rwanda". www.minecofin.gov.rw. Retrieved 30 April 2025.
  10. ^ Flynn, JD (2023-12-22). "Is the 'false narrative' narrative a false narrative?". The Pillar. Archived from the original on 23 December 2023. Retrieved 2023-12-23.
  11. ^ "10 Episcopal Conferences In Africa Respond To Fiducia Supplicans". CCR Nigeria. 23 December 2023.
  12. ^ Coppen, Luke (19 December 2023). "'Fiducia supplicans': Who's saying what?". The Pillar.
  13. ^ "In Nigeria and Much of Africa, Catholic Same-Sex Couples See No Blessings Soon". U.S. News. 29 December 2023.
fonte: https://en.wikipedia.org/wiki/Recognition_of_same-sex_unions_in_Rwanda
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