As part of the Safer To Be Me Symposium, which took place in June we are proud to be sharing our Safer To Be Me: Global Voices blog series, showcasing LGBTQ+ themes from around the globe, written by ReportOUT volunteers.
This week’s blog comes from a ReportOUT Researcher from Burundi, a country where homophobic institutional policies continue to cause huge disadvantage for LGBTQ+ youth.
Many African countries criminalize same-sex relationships and Burundi “does not want to be an exception”, criminalizing same-sex relationships in its 2009 penal code. This leads to members of the Sexual and Gender Minority (SGM) to be regularly victims of human rights violations ranging from simple denial of access to public services; to physical violence, extortion, rape, and violation of the right to life. For some, however, the nightmare starts at an early age, when they are still in school and can have life-lasting repercussions.
A Sombre Snapshot
The 2018 Constitution of Burundi (which is an amendment of the 2005 Constitution of Burundi) contains strong anti-discrimination provisions. However, the Government of Burundi passed legislation criminalizing same-sex sexual relations, providing for imprisonment under Article 567 of the Penal Code in 2009. This legislation infringes on the rights of Sexual and Gender Minorities, as it has been proven by several studies (Mansfield & Farrior 2014; Iradukunda & Odoyo 2016), to non-discrimination and equal protection of the law, and on the rights to security, privacy, and treatment with dignity.
In 2011, the Minister of Secondary Education enacted the Ministerial Decree No.620/613 whose Article 9 listed justified reasons for expelling or refusing admission to students for the academic year. The first reason was “homosexuality” and the second “sexual relations in flagrante delicto (translated as ‘caught in the act’)”. The decree provided no standard of measurement for “homosexuality”, no presumption of innocence, and no process for appeal (Mansfield & Farrior 2014).
To date, the decree continues to be in force and provides opportunities for school administrators and teachers to threaten children, as Mansfield and Farrior (2014) report has shown.
For instance, MOLI has reported two cases – one in Kayanza and one in Bujumbura – of children being expelled merely on suspicions related to their sexual orientation.
The Corollary on LGBTQ+ Youth
Most LGBTQ+ indivduals begin to self-identify as such during their childhood, often around puberty. A child who is gender non-conforming may or may not grow up to be lesbian, gay, bisexual or transgender – but such children are often presumed to be sexual and gender minorities and can suffer from lack of parental acceptance, ostracization by peers and teachers and bullying (O’Malley et al. 2018).
Even though the Government of Burundi initiated the "Education for All" program in 2005, which advocates free public primary education on the Burundian territory, transgender young people, on account of their appearance and gender expression, are often intimidated by their peers and sometimes by their educators, which undermines the will and commitment to acquire a high level of education.
Hence, the Government’s stance on homosexuality reinforces parental views that same-sex relations are wrong which leads to parents disowning their children and turning them out of the home because of their sexual identity or sexual orientation. The only option left to the latter is to quit school to earn a living.
It has been proven that LGBTQ+ young people of Burundi have a high dropout rate because of the daily discrimination and violence individuals suffer at the hands of teachers and students in schools. More than 90% of these young persons that have approached Civil Society Organizations for assistance have limited education. They are only qualified to do unskilled work. They make very little money and are for the most part poor and this difficult situation is directly linked to their lack of education (Mansfield & Farrior 2014).
A Failure to Nurture Its Own Youth
All in all, the Burundian government is failing to provide a safe and inclusive education framework to its young citizens even though it has signed/ratified several international instruments to do so. To ensure a safe, inclusive and effective education for all, the Government should
Repeal Article 567 of the Penal Code criminalizing same-sex sexual relations (as many activists have been advocating for it for years now);
Amend Ministerial Decree No.620/613 of 07 June 2011 establishing school regulations in Burundi to eliminate homosexuality as a cause for expulsion
Institute measures against all department of education employees who discriminate against children based on their sexual orientation and gender identity (more inclusive school policies).
We, as activists in turn, should continue our fights and try to “educate” policymakers, teachers, parents through research, advocacy and sensitization strategies that work on reversing discriminatory social norms and we will all be making sure that our young SGM do not make a “bad start” in their adult lives.
References
Iradukunda i & Odoyo R 2016. Turi Abande? (Où allons-nous appartenons?). Une Analyse de Paysage des Droits Humains des Communautés des Professionnels du Sexe et LGBT au Burundi. Nairobi: UHAI EASHRI.
Mansfield C & Farrior S 2014. The Status of Lesbian, Gay, Bisexual and Transgender Rights in Burundi. A Shadow Report. Bujumbura: MOLI-RCL.
O’Malley et al. 2018. Sexual and Gender Minorities and the Sustainable Development Goals. New York: UNDP.
This blog is part of ReportOUT’s Safer To Be Me: Global Voices series, in support of the Safer To Be Me Symposium, a joint ReportOUT-University of Sunderland project, which will take place on 22nd June 2023 at Sunderland University in the North East of England.
The symposium will create a safe space where some of the most important issues facing international LGBTQI+ human rights can be explored and discussed in great detail, as well as encouraging a call to action where all involved can identify meaningful ways to be proactive and make a powerful impact. To find out more, visit our website