Overview
Burundi has an HIV-specific criminal law which states that people aware of their HIV-positive status must abstain from having ‘unprotected sex’ and are liable to a fine in cases of non-compliance with the law. Any person found to have ‘deliberately’ transmitted HIV, by any means, will be prosecuted for voluntary homicide and punished in accordance with the country’s criminal code.
HJN is are not aware of any reported cases in Burundi to date.
Laws
Law No. 1/018 of 12 May 2005 on the Legal Protection of Persons with Human Immunodeficiency Virus and People with Acquired Immunodeficiency Syndrome
Article 9:
Anyone who knows that they are infected with HIV or AIDS should refrain from having unprotected sex. All the precautionary measures must be taken to avoid contaminating the partner.
Article 41:
Without prejudice to the relevant provisions of the Criminal Code, any violation of the provisions of this law will be punishable by a fine of 10,000 to 100.00 FBU
Article 42:
Anyone who deliberately transmits the HIV / AIDS virus by any means whatsoever will be prosecuted for attempted homicide and punished according to the provisions of the Criminal Code.
Acknowledgements
Report presenting the results of a survey on HIV criminalization in African countries where French is spoken (hereinafter "Francophone Africa"), conducted from May to September 2017.
Authors: Stéphanie Claivaz-Loranger & Cécile Kazatchkine for the Canadian HIV Legal Network and HIV JUSTICE WORLDWIDE
HIV Justice Network's Positive Destinations
Visit the Burundi page on Positive Destinations for information on regulations that restrict entry, stay, and residency based on HIV-positive status, as well as access to HIV treatment for non-nationals.