Burkina Faso‘s transitional government has passed a law banning homosexuality, with those found guilty facing two to five years in prison and fines.
The law was unanimously passed by 71 unelected members of the country’s transitional government, which has been in place since the military seized power under President Ibrahim Traore’s leadership after two coups in 2022.
Justice Minister Edasso Rodrigue Bayala announced the law on national broadcaster RTB, stating that “if a person is a perpetrator of homosexual or similar practices, all the bizarre behavior, they will go before the judge”. Foreign nationals found guilty will be deported under the law.
This move is part of Burkina Faso’s wider reform of family and citizenship legislation and will be “popularized through an awareness campaign”, according to officials.
However, rights activists are likely to challenge the restrictions imposed by the new legislation and limits on legal recourse in nationality cases. Since the military took power, soldiers have claimed to plan to stabilize the country amid a worsening security crisis and provide better governance.
Nevertheless, rights groups have accused the military government of cracking down on human rights with large-scale arrests and military conscription of critics.
Burkina Faso becomes the latest African country to ban homosexuality, joining more than half of African countries that penalize the sexual orientation with either prison sentences or the death penalty.
Neighboring country and ally Mali also adopted laws criminalizing homosexuality in November 2024. In recent years, Ghana and Uganda have toughened their anti-homosexuality laws, drawing intense criticism.
Uganda’s law, for instance, makes “aggravated homosexuality” a capital offense and imposes penalties for consensual same-sex relations of up to life in prison.
LGBTQ+ rights groups have condemned Burkina Faso’s move, warning it could fuel discrimination and violence. A local activist noted, “We used to live in hiding — now they’re asking us to stop existing”.
The law marks a significant reversal for LGBTQ+ rights in Burkina Faso, where same-sex acts were previously legal, though not recognized as marriage.
The new law has sparked concerns about human rights in Burkina Faso. Rights groups have accused the military government of cracking down on human rights, and this latest move is seen as a further erosion of rights.
The law’s implications extend beyond the LGBTQ+ community, with potential consequences for human rights and freedoms in the country.
In conclusion, Burkina Faso’s decision to ban homosexuality reflects a broader trend in Africa, where many countries penalize same-sex relationships.
The move has significant implications for human rights and LGBTQ+ individuals in the country, and its impact will likely be closely monitored by rights groups and the international community.