# LGBTQ rights in Burundi

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Burundi face legal challenges not experienced by non-LGBTQ citizens. While never criminalized before 2009, Burundi has since criminalized same-sex sexual activity by both men and women with a penalty up to two years in prison and a fine. LGBTQ persons are regularly prosecuted and persecuted by the government and additionally face stigmatisation among the broader population.

## Legality of same-sex sexual activity

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.
On 1 July 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 LGBTQ 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 2 November 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.
In December 2023, President Évariste Ndayishimiye said that gay sex is like "choos[ing] Satan" and that the death penalty is morally (if not legally) appropriate. He said: "For me, I think that if we find these people in Burundi they should be taken to stadiums and be stoned, and doing so would not be a crime."

## Recognition of same-sex relationships

Burundi does not recognise same-sex marriage and civil unions. Article 29 of the Burundi Constitution bans same-sex marriage.

## Adoption and family planning

According to a website of the French government, single and married people are eligible to adopt children. The website does not say whether single LGBTQ people are disqualified or not.

## 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 2 November, 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.

## Summary table

| Same-sex sexual activity legal. | (Penalty: Up to 2 years imprisonment) |
| Equal age of consent | |
| Anti-discrimination laws in employment only | |
| Anti-discrimination laws in the provision of goods and services | |
| Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) | |
| Same-sex marriages | (Constitutional ban since 2005) |
| Recognition of same-sex couples | |
| Step-child adoption by same-sex couples | |
| Joint adoption by same-sex couples | |
| Gays and lesbians allowed to serve openly in the military | |
| Right to change legal gender | |
| Access to IVF for lesbians | |
| Commercial surrogacy for gay male couples | |
| MSMs allowed to donate blood | |