On September 1st, Burkina Faso’s transitional legislative assembly passed a bill criminalizing consensual same-sex relationships, marking a significant setback for LGBTQ+ rights in the country. Under the new legislation, individuals convicted of homosexuality face up to five years in prison and substantial fines.
This move infringes upon the fundamental rights of lesbian, gay, bisexual, and transgender individuals, including their rights to non-discrimination and privacy. It was enacted amid a broader tightening of civic space and political repression by the military junta against opposition groups, media outlets, and peaceful dissent.
Historically, Burkina Faso did not have laws explicitly banning same-sex relations, unlike many other African nations that inherited colonial-era penal codes criminalizing such acts. The new provision was incorporated into the Code of Persons and Family, where it was unanimously approved by the 71 members of the assembly. The law targets behaviors deemed to “promote homosexuality and related practices,” imposing penalties that include imprisonment and monetary fines.
The Burkinabé Minister of Justice and Human Rights, Edasso Rodrigue Bayala, defended the legislation, stating it aligns with “the deep aspirations of our society” and upholds “respect for cultural values.” However, this decision contradicts Burkina Faso’s obligations under international human rights frameworks, such as the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
Recent rulings in other African countries, including Botswana, Mauritius, and Namibia, have underscored that laws criminalizing consensual same-sex relations violate the rights to privacy and non-discrimination. Beyond legal violations, such legislation often fuels violence and abuse against LGBTQ+ individuals. In 2014, the African Commission on Human and Peoples’ Rights urged member states of the African Union to “end acts of violence and abuse” targeting individuals based on sexual orientation or gender identity.
Rather than signing the Code of Persons and Family into law, Burkina Faso’s junta leader, Ibrahim Traoré, should return it to the assembly for revisions. The revised code must uphold the rights of all Burkinabé citizens to non-discrimination and privacy, regardless of their sexual orientation or gender identity.
