On September 1st, the transitional legislative assembly of Burkina Faso passed a controversial bill that criminalizes consensual same-sex relationships, marking a significant setback for LGBT rights in the country. Under the new legislation, individuals found guilty of homosexuality face up to five years in prison, along with substantial fines. This move has drawn sharp criticism from human rights advocates who argue that the law violates fundamental freedoms and privacy rights.
why this change threatens LGBT rights in Burkina Faso
The new law directly contradicts the principles of non-discrimination and privacy, both of which are essential human rights. It was approved during a period of increasing restrictions on civic freedoms in Burkina Faso, where the military junta has intensified repression against political dissent, independent media, and peaceful protests. Prior to this legislation, Burkina Faso did not have a law explicitly criminalizing same-sex relationships—a rarity in a region where many countries inherited colonial-era laws that banned same-sex conduct.
The ban on same-sex relationships was included in the broader Family and Persons Code, which was unanimously adopted by the 71 members of the transitional assembly. The law targets any behavior deemed to “promote homosexual practices or related acts” with imprisonment and financial penalties. Justice Minister Edasso Rodrigue Bayala defended the move, stating that it aligns with “the deep aspirations of our society” and reflects “respect for cultural values.”
legal and human rights concerns
This legislation violates Burkina Faso’s obligations under international human rights treaties, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. Recent court rulings in other African nations—such as Botswana, Mauritius, and Namibia—have struck down similar laws, affirming that they infringe on the rights to privacy and non-discrimination for LGBT individuals.
Beyond legal violations, such laws contribute to a climate of fear and violence against LGBT persons. In 2014, the African Commission on Human and Peoples’ Rights urged member states of the African Union to eliminate violence and abuse targeting individuals based on sexual orientation or gender identity. Despite this call, Burkina Faso has moved in the opposite direction, further marginalizing an already vulnerable community.
a call for legislative review
Ibrahim Traoré, the leader of Burkina Faso’s military junta, is urged to refrain from signing the Family and Persons Code into law. Instead, he should send it back to the assembly for revisions that align with international human rights standards and protect the rights of all citizens, regardless of sexual orientation or gender identity.
