Burkina Faso enacts stringent anti-LGBTQ+ legislation
On September 1st, Burkina Faso’s transitional legislative assembly passed a controversial anti-homosexuality law that criminalizes consensual same-sex relationships. Under this new legislation, individuals convicted of homosexuality face up to five years in prison and substantial fines, marking a significant setback for lesbian, gay, bisexual, and transgender rights in the country.
This regressive law not only infringes on the LGBTQ+ community’s right to non-discrimination and privacy but was also approved amid a broader clampdown on civic freedoms. The military junta has intensified suppression of political opposition, independent media, and peaceful dissent, exacerbating an already restrictive environment for human rights.
Unlike many African nations, Burkina Faso lacked colonial-era sodomy laws prohibiting same-sex relations. However, this new provision, embedded in the broader Family and Persons Code, was unanimously approved by all 71 members of the transitional assembly. It criminalizes actions perceived as promoting homosexuality or related practices, imposing severe penalties including imprisonment and hefty fines.
Edasso Rodrigue Bayala, Burkina Faso’s Minister of Justice and Human Rights, defended the law, asserting it aligns with the country’s cultural values and societal aspirations. He framed the legislation as a necessary measure to uphold the nation’s moral fabric.
This move directly contradicts Burkina Faso’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, both of which guarantee protection against discrimination and uphold privacy rights. Recent legal developments in other African nations—such as Botswana, Mauritius, and Namibia—have demonstrated that anti-LGBTQ+ laws violate fundamental rights to privacy and non-discrimination.
Beyond violating human rights, such legislation perpetuates violence and abuse against LGBTQ+ individuals. The African Commission on Human and Peoples’ Rights has long urged African Union member states to eliminate such discriminatory practices, emphasizing the urgent need to protect individuals based on their sexual orientation or gender identity.
President Ibrahim Traoré of Burkina Faso’s military junta faces a critical decision: either sign the Family and Persons Code into law or return it to the assembly for revision. Any future version must align with international human rights standards, ensuring non-discrimination and privacy for all individuals, regardless of sexual orientation or gender identity.