Ouagadougou, Burkina Faso – A new law criminalizing homosexual practices has been adopted in Burkina Faso, marking a significant shift in the West African nation’s legal landscape. The legislation, approved Monday by the transitional Legislative Assembly, introduces penalties of up to five years in prison, along with potential fines, for individuals found guilty of same-sex relations. Foreign nationals convicted under the law face the possibility of expulsion.
A Shift in Legal Stance
Table of Contents
- 1. A Shift in Legal Stance
- 2. Junta’s Policy and Western Values
- 3. Broader Legal Reforms
- 4. regional and Global Context
- 5. The Global Landscape of LGBTQ+ Rights
- 6. Frequently Asked Questions About Homosexuality in Burkina faso
- 7. What are the potential long-term consequences of the broadly defined “acts against nature” clause in the new penal code for LGBTQ+ individuals in burkina Faso?
- 8. Legislation Against LGBTQ+ Rights Passed in Burkina Faso: New Law Penalizes Homosexuality
- 9. the New Penal Code and its Impact on LGBTQ+ individuals
- 10. Key Provisions of the Law
- 11. Historical Context: LGBTQ+ Rights in Burkina Faso
- 12. International Condemnation and Human Rights Concerns
- 13. Impact on LGBTQ+ Individuals and Communities
- 14. The Role of Political Instability and Religious Conservatism
Untill now, Burkina Faso had not enacted specific laws targeting homosexual individuals, despite them maintaining a largely discreet presence within the country. This new legislation represents a stark departure, aligning the nation with a growing number of African countries imposing restrictions on LGBTQ+ rights. The bill received unanimous support from the 71 non-elected members of the assembly.
Junta’s Policy and Western Values
The move is closely tied to the policies of Captain Ibrahim Traoré, the leader of the military junta that seized power in September 2022. captain traoré’s management has adopted a sovereignist stance, increasingly critical of Western values and forging new partnerships with nations like russia and Iran.This new law is openly framed as part of this broader ideological shift.
Broader Legal Reforms
The penalization of homosexuality is just one component of a wider legal reform package impacting the country’s code of people and families. The revisions also modify requirements for granting Burkinabè nationality through marriage, extending the residency period for foreign spouses to five to seven years. Furthermore, both religious and customary marriages are now legally recognized.
regional and Global Context
Burkina Faso’s decision follows similar actions in neighboring Mali, where a law penalizing homosexuality was adopted in November 2024. According to data from ILGA World, a third of countries globally prohibit homosexual relations, with a majority of African nations enacting such laws. The trend raises concerns about a rollback on LGBTQ+ rights across the continent.
| Country | Maximum Penalty for Homosexuality |
|---|---|
| Tanzania | life Imprisonment |
| Nigeria | 14 Years Imprisonment |
| Kenya | 14 Years Imprisonment |
| Malawi | 14 Years Imprisonment |
| Burkina Faso | 5 Years Imprisonment / Expulsion (for foreigners) |
Did You Know? In August 2023, the Higher Dialog Council in Burkina Faso banned television channels perceived as promoting homosexuality, signaling a growing intolerance toward LGBTQ+ representation.
The Global Landscape of LGBTQ+ Rights
The criminalization of homosexuality is a complex issue, influenced by cultural, religious, and political factors. While many nations have made strides toward LGBTQ+ equality, including the legalization of same-sex marriage, a significant number of countries continue to enforce discriminatory laws. These laws often violate international human rights standards, according to organizations like Amnesty International (https://www.amnesty.org/) and Human Rights Watch (https://www.hrw.org/).
Pro Tip: Understanding the legal context of LGBTQ+ rights is crucial when travelling internationally. Research the laws of your destination country to ensure you are aware of potential risks and to protect your rights.
Frequently Asked Questions About Homosexuality in Burkina faso
- What are the penalties for homosexual acts in Burkina Faso?
Individuals convicted of homosexual practices face imprisonment of two to five years and potential fines. Foreign nationals could face expulsion. - Is homosexuality legal in other African countries?
No. A majority of African countries have laws prohibiting and repressing homosexuality, with penalties ranging from imprisonment to life sentences, and in some cases, death. - What prompted this new law in Burkina Faso?
The law aligns with the policies of the current military junta, which has adopted a sovereignist stance and is critical of Western values. - Are there any protections for LGBTQ+ individuals in Burkina Faso?
Currently, there are no legal protections for LGBTQ+ individuals in Burkina Faso. This new law further criminalizes thier existence. - What is the international response to this law?
International human rights organizations have expressed concern over the law, arguing it violates essential human rights. - What other changes are included in the new family code?
The code modifies conditions for granting nationality through marriage and legally recognizes religious and customary marriages. - Has Burkina Faso previously had laws specifically targeting homosexual people?
No, until now, no law specifically targeted homosexual people in Burkina Faso, but they lived discreetly in the country.
What are your thoughts on the increasing criminalization of homosexuality worldwide? Share your opinions in the comments below.
What are the potential long-term consequences of the broadly defined “acts against nature” clause in the new penal code for LGBTQ+ individuals in burkina Faso?
Legislation Against LGBTQ+ Rights Passed in Burkina Faso: New Law Penalizes Homosexuality
the New Penal Code and its Impact on LGBTQ+ individuals
in a important setback for human rights,burkina Faso recently passed a new penal code that criminalizes same-sex relationships. Approved in April 2024 and fully enacted as of September 2025, the law introduces harsh penalties, including imprisonment, for individuals engaging in consensual same-sex acts. This legislation represents a dramatic escalation in the persecution of LGBTQ+ people in the West African nation, joining a growing list of countries enacting similar restrictive laws. The new code specifically targets “acts against nature,” a broadly defined term often used to justify discrimination against LGBTQ+ communities.
Key Provisions of the Law
The new penal code outlines several key provisions impacting LGBTQ+ rights:
Criminalization of Same-Sex Relations: Consensual same-sex sexual acts are now punishable by imprisonment of up to five years.
Broad Interpretation of “acts Against Nature”: The law’s vague wording allows for arbitrary submission and potential abuse by authorities. This includes potential targeting of individuals based on perceived gender expression or sexual orientation, even without evidence of sexual activity.
Restrictions on Public Displays of Affection: The law also restricts public displays of affection deemed “indecent,” which can be interpreted to include same-sex couples.
Lack of Protection Against Discrimination: The legislation fails to include any provisions protecting LGBTQ+ individuals from discrimination in areas such as employment, housing, or healthcare.
Increased Risk of Vigilante Violence: The legal framework legitimizes discrimination and creates a climate of fear,potentially leading to increased violence and harassment against LGBTQ+ individuals by both state and non-state actors.
Historical Context: LGBTQ+ Rights in Burkina Faso
Historically, while not explicitly criminalized, homosexuality was widely stigmatized in Burkina Faso.Traditional societal norms and religious beliefs have contributed to a climate of intolerance. Prior to the new penal code, LGBTQ+ individuals faced discrimination and social exclusion, but were not subject to criminal prosecution solely based on their sexual orientation or gender identity.
Several advocacy groups have been working to raise awareness and promote LGBTQ+ rights, but their efforts have faced significant challenges. the recent political instability and rise in conservative ideologies have created a more unfriendly environment for LGBTQ+ activism.
International Condemnation and Human Rights Concerns
The passage of the law has drawn widespread condemnation from international human rights organizations, including Amnesty International and Human Rights Watch. Thes organizations argue that the law violates fundamental human rights,including the right to privacy,equality,and non-discrimination.
UN Response: The United Nations High Commissioner for human Rights has expressed deep concern, urging Burkina Faso to repeal the law and uphold its international human rights obligations.
European Union Stance: The european Union has also voiced its disapproval,stating that the law is incompatible with universal human rights principles.
African Commission on Human and Peoples’ Rights: While the African Commission has previously adopted resolutions promoting LGBTQ+ rights, its influence in individual member states remains limited.
Impact on LGBTQ+ Individuals and Communities
The new law has had a devastating impact on LGBTQ+ individuals and communities in Burkina Faso.
Increased Fear and Secrecy: Many LGBTQ+ individuals have gone into hiding or are living in constant fear of arrest and prosecution.
Disruption of Support Networks: LGBTQ+ organizations and support groups have been forced to scale back their activities due to increased security risks.
Mental Health Crisis: The heightened discrimination and fear are contributing to a mental health crisis within the LGBTQ+ community.
Exacerbation of Existing Vulnerabilities: LGBTQ+ individuals already facing marginalization due to poverty, disability, or other factors are notably vulnerable to the effects of the new law.
The Role of Political Instability and Religious Conservatism
The passage of this legislation is closely linked to the ongoing political instability in Burkina Faso, including the recent military coup. The transitional government has adopted a more conservative stance on social issues, appealing to religious and traditional values.
Influence of Religious Leaders: Powerful religious leaders have actively campaigned against LGBTQ+ rights, framing homosexuality as a threat to national values and morality.
Exploitation of Security Concerns: The government has used security concerns as a justification for restricting civil liberties, including the rights of LGBTQ+ individuals.
* Shift in Geopolitical Alignments: Burkina Faso’s growing alignment with countries that oppose LGBTQ+ rights may have also influenced the decision to enact the law.
