Same-sex sexual activity legal? Illegal since 2009 Discrimination protections Unknown | Military service Unknown Adoption Unknown | |
 | ||
Penalty: 3 months to 2 years imprisonment, fine Restrictions: Constitution bans same-sex marriage | ||
Lesbian, gay, bisexual, transgender (LGBT) persons in Burundi face legal issues not experienced by non-LGBT citizens. Burundi criminalizes same-sex sexual activity by both men and women.
Contents
Laws regarding same-sex sexual intercourse
According to an unofficial English translation of Article 567 of the Burundi Penal Code, a person who has sexual relations with someone of the same sex may be punished with imprisonment for three months to two years and a fine of 50,000 to 100,000 francs.
Since the enactment of Article 567 of the Burundi Penal Code in 2008, no one has been arrested for consensual same-sex sexual intercourse. On July 1, 2009, a young man was arrested for allegedly committing sexual violence against a club patron in Bujumbura. The police later stated the man was arrested for being gay but offered to release the suspect in exchange for money. Advocacy by human rights NGOs and the LGBT community helped secure his release from police custody. In 2012, two lesbians were briefly arrested and subsequently released. In September 2014, a Vietnamese employee of the telephone company Viettel was caught in sexual relations with a Burundian man in Karuzi Province. The Burundian man alleged that it was non-consensual sex, and the Vietnamese man was detained. Authorities dropped the case after three days for lack of evidence. On November 2, 2016, the High Court of Cibitoke Province sentenced a 15-year-old boy who admitted to the rape of a seven-year-old boy to one year in prison. The adolescent was charged with rape of a minor and homosexuality.
Recognition of same-sex relationships
Article 29 of the Burundi Constitution bans same-sex marriage.
Adoption of children
According to a website of the French government, single and married people are eligible to adopt children. The website does not say whether LGBT people are disqualified.
Living conditions
The U.S. Department of State's Country Reports on Human Rights Practices for 2016 stated that:
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law criminalizes same-sex sexual acts with penalties ranging from fines to imprisonment of three months to two years. According to Burundi Africa Generation News, on November 2, the High Court of Cibitoke Province sentenced a 15-year-old boy who admitted to the rape of a seven-year-old boy to one year in prison. The adolescent was charged with rape of a minor and homosexuality. There were no other reports of prosecution for homosexuality during the year. The Remuruka Center in Bujumbura offered urgent services to the LGBTI community. The government neither supported nor hindered the activities of local LGBTI organizations or the center.