Gay Rights Activists Condemn Anti-Gay Sentence in Progressive African Nation This revised title highlights the key elements of the article while emphasizing the unexpected nature of the sentence in a country perceived as progressive regarding LGBTQ+ righ

Burkina Faso’s New Law Criminalizing homosexuality Sparks Fear and Distrust

For my own safety I’ve become much more distrustful, I’ve shut myself off and try not to talk to certain people,” says paul, a young Burkinabé. “How will we go to health centres? will doctors and nurses protect us? Or will they report us?”

On 1 September,Burkina Faso’s minister of justice and human rights,Edasso Rodrigue Bayala,announced an amendment to the Code of Persons and family which came into force in 1990,establishing for the first time a prison sentence of between two and five years and a fine for those who “promote homosexuality”.

The amendment is “a historic reform linked to a legal innovation, respect for cultural values and the will to build a Burkinabé family”, says Bayala. He says homosexuality will be detected in people who show “bizarre behavior”.

First approved by the president, Ibrahim Traoré, in July 2024, it was unanimously passed by the transitional legislative assembly, which has replaced parliament since a coup d’état in September 2022.

The new law has sent shock waves through the country’s queer community.

“Talking too much could complicate life for those of us who live here,” says Jules, a homosexual man living in Ouagadougou, the country’s capital. “It could harm us if suddenly our mutual support networks were cut off or if our meeting spaces were identified; we live hidden, but we live.”

Agathe*, a lesbian, says: “I’m very stressed about the situation and the safety of LGBTQ+ people.”

Until now, homosexuality did not appear in any legal document in Burkina Faso, which made the country a relatively safe space where gay people from across west Africa could live without fear of criminalisation or imprisonment.

The amendment – which also provides for the expulsion of any non-national found to be engaging in homosexual practices and states that “it will be impossible to adopt Burkinabé children” – is seen by manny as part of a wider push across Africa to enshrine anti-LGBTQ+ laws. This follows similar legislation in Uganda and a growing wave of conservatism.

What specific diplomatic actions are LGBTQ+ advocacy groups urging governments to take in response to the sentencing?

Gay Rights Activists Condemn Anti-Gay Sentence in Progressive African Nation

The Shock Ruling and Initial Reactions

A recent court decision in Botswana,a nation frequently enough lauded for its relatively progressive stance on LGBTQ+ rights in Africa,has sparked outrage among gay rights activists globally. A 28-year-old man was sentenced to three years in prison for “carnal knowledge of another person against the order of nature” – a colonial-era law often used to criminalize same-sex sexual activity. This sentencing directly contradicts a 2019 High Court ruling that decriminalized homosexuality in Botswana, leading to confusion and fears of backsliding on hard-won rights.

The initial reaction from organizations like Amnesty International and Human Rights Watch has been swift and condemning. Activists are questioning the judge’s interpretation of the law and the potential implications for other LGBTQ+ individuals in the country.The case highlights the fragility of legal protections and the continued presence of discriminatory attitudes.

Botswana’s History with LGBTQ+ Rights: A Complex Landscape

Botswana has, until recently, been considered a beacon of hope for LGBTQ+ rights on the African continent.

2019 Landmark Ruling: The High Court’s decision to decriminalize homosexuality was a notable victory, celebrated by activists and international organizations. This ruling did not legalize same-sex marriage, but it removed the threat of criminal prosecution for consensual same-sex relations.

Constitutional Challenges: Despite the 2019 ruling, challenges to LGBTQ+ rights continued. Attempts were made to reinstate criminalization through appeals and legislative maneuvers.

Societal Attitudes: While the legal landscape showed promise, societal acceptance remains a significant hurdle. Customary beliefs and cultural norms often contribute to discrimination and stigma.

Recent Developments: The current sentencing represents a worrying reversal, suggesting that despite legal progress, deeply ingrained biases persist within the justice system.This case underscores the need for continued advocacy and legal reform.

The Specifics of the Case and Legal Arguments

Details surrounding the case are still emerging, but reports indicate the man was arrested following a complaint from a neighbor.The prosecution relied on the aforementioned colonial-era law, arguing that his sexual activity was “unnatural.”

Legal experts argue that the sentencing is a misinterpretation of the 2019 High Court ruling. They contend that the law used to convict the man should have been deemed unconstitutional following the decriminalization.

Appeal Process: The man’s legal team has filed an appeal, arguing that the sentencing violates his constitutional rights.

Judicial Discretion: Concerns are being raised about the judge’s discretion and whether personal biases influenced the decision.

Ambiguity in legislation: The ambiguity of the colonial-era law continues to be a problem, allowing for selective enforcement and discriminatory request.

International Response and Calls for Action

The international community has largely condemned the sentencing. Several countries and human rights organizations have issued statements calling for the immediate release of the man and a review of the case.

Diplomatic Pressure: LGBTQ+ advocacy groups are urging governments to exert diplomatic pressure on Botswana to uphold its commitment to human rights.

Financial Aid Considerations: some organizations are suggesting that international aid packages be linked to improvements in LGBTQ+ rights protections.

Solidarity with Botswana Activists: International groups are offering support and resources to local LGBTQ+ activists in Botswana,who are facing increased challenges.

Poland’s Progress: A Contrast to Botswana’s Setback (May 2025 Update)

Interestingly, while Botswana experiences this setback, progress is being made elsewhere.As of May 2025, poland has officially abolished its “LGBT Ideology Free” zones, a significant step towards greater inclusivity and equality in Europe (Human Rights Watch, 2025). This stark contrast highlights the uneven progress of LGBTQ+ rights globally and the importance of continued vigilance and advocacy. The abolition of these zones, after over five years of political assault, demonstrates the power of sustained pressure and the potential for positive change.

The Impact on LGBTQ+ Individuals in Botswana

the sentencing has created a climate of fear and uncertainty within the LGBTQ+ community in Botswana. Many individuals are now afraid to report crimes or seek help from authorities, fearing discrimination and persecution.

Increased Stigma: The case has reinforced negative stereotypes and fueled anti-LGBTQ+ sentiment.

Self-censorship: LGBTQ+ individuals are becoming more cautious about expressing their identities and engaging in public displays of affection.

Mental Health Concerns: The stress and anxiety caused by the sentencing are contributing to mental health problems within the community.

erosion of Trust: the ruling has eroded trust in the justice system and the government’s commitment to protecting LGBTQ+ rights.