Burkina Faso enacts controversial law criminalizing homosexuality

On September 1st, Burkina Faso’s transitional legislative assembly enacted a controversial new law that criminalizes consensual same-sex relationships, marking a significant setback for LGBT rights in the country. Under this legislation, individuals convicted of homosexuality face up to five years in prison and substantial fines.

This move directly violates the rights to non-discrimination and privacy for LGBT individuals and was passed amid a broader crackdown on civil liberties. The military junta has intensified repression against political opposition, independent media, and peaceful dissent in recent months.

Historically, Burkina Faso had no existing laws prohibiting same-sex relations, unlike many African nations that inherited colonial-era sodomy laws. The newly adopted provision, part of the Code of Persons and Family, was unanimously approved by all 71 assembly members. It targets any behavior considered to “promote homosexual practices or similar conduct” with imprisonment and financial penalties.

Justice Minister Edasso Rodrigue Bayala defended the law, stating it aligns with “the deep aspirations of our society” and upholds “cultural values.” However, this decision contradicts Burkina Faso’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.

Recent court rulings in countries like Botswana, Mauritius, and Namibia have struck down similar laws, affirming that they violate privacy and non-discrimination rights. Beyond legal concerns, these statutes perpetuate violence and abuse against LGBT individuals.

The African Commission on Human and Peoples’ Rights has long urged member states to end such violations. Burkina Faso’s junta leader, Ibrahim Traoré, faces a critical decision: either veto the Code or return it for revision to ensure compliance with fundamental rights.

Rejecting this discriminatory law would send a powerful message in defense of human dignity and equality for all citizens.