Allow me to make some comments on the article published in The New Times online edition issue no.1298 on homosexuality in Rwanda. This issue is interesting as even the President of Iran, Muhmoud Ahmadinejad tried to avoid it yesterday at Columbia University, in the US, and we know that Muslim countries are among the best to suppress crimes against public morality. I am a Rwandan, a practicing Christian and a Human Rights Lawyer. This article raised my interest about the rights of homosexuals and left me asking myself some questions about the Rwandan society. The question of homosexuality can be assessed on different levels but as far as I am concerned, I think that we must be cautious before making judgments. As a Rwandan, I know that there is some behaviour which is difficulty to understand in our culture but my conviction is that culture must not be static; instead it must evolve with time. The presence of homosexuals in our society means that this sexual choice is taking shape in Rwanda and we have to manage it accordingly. We can do this either by restricting it by using repressive laws or by using other social means to limit its effect on Rwandan society. As a practicing Christian, I am convinced that homosexuality is against human nature. But instead of looking at them as brothers and sisters and trying to bring them in the line, we only criticize, curse and seek punishment. Back to some suggestions in the article that homosexuals must be punished even in absence of the law. I think this is would constitute a gross violation of our laws starting from our constitution. Our Constitution does not only guarantee the freedom of religion and conscience which entitles everyone to choose his religion, beliefs and sexual orientation, but also the principle that no one shall be convicted of any act or omission that did not constitute a criminal offence under the applicable law at the time it was committed. Apart from the constitution, Rwanda is party to many treaties of human rights which categorically prohibit any kind of discrimination. Isn’t punishing people for their sexual choice discrimination wrong? On a practical ground, I would like to know who will be punished. Is it a person who professes that he is homosexual or the one caught in action? We all know that having sex out of consent is legal provided that partners are 18 years old. Why would we tolerate heterosexuality and criminalize homosexuality, isn’t it discrimination? Whatever law that may be passed, if it is based on discrimination which is now considered as part of peremptory norms that cannot be derogated by any municipal law, this law is void according to the constitution. This is the price we have to pay for democracy. Either we choose to be a conservative and repressive state or we choose diversity of opinion, conscience and choices. Thus, we choose fundamental freedoms and liberties of individuals. On a personal point of view, I think that our society needs debate on certain issues because some authorities want to convert their views into laws and this is dangerous because it results in laws that will not be implemented. Some phenomena are so natural that you cannot legislate on them; instead you use education, media, and other fora to change behaviours but not arrests and imprisonments. It is the role of the civil society, like churches to address such issues. At the end, I think we will have to respect the right of the minority. Name withheld on request
