Burkina Faso’s transitional parliament has passed a new law criminalizing same-sex relations and activities deemed to promote LGBTQ practices. The measure, adopted on September 1 as part of a broader reform of the Persons and Family Code, marks the first time the West African country has explicitly outlawed consensual same-sex conduct.
Under the new legislation, individuals convicted of engaging in same-sex relations face prison sentences ranging from two to five years. In addition, offenders may be fined between two million and ten million West African CFA francs, equivalent to approximately three to seventeen thousand U.S. dollars. Non-citizens found guilty under the law risk deportation, particularly in cases of repeated offenses.
The law’s scope extends beyond private relations. It criminalizes what it calls “behavior likely to promote homosexual practices and similar practices,” a phrase that rights groups say is broad and open to interpretation. Observers warn that this language could be used to suppress LGBTQ advocacy, limit freedom of expression, and penalize individuals for non-conforming gender expression.
Human rights organizations have condemned the development. Human Rights Watch described the measure as a violation of fundamental rights to privacy, equality, and non-discrimination, noting that Burkina Faso had previously refrained from criminalizing same-sex relations, unlike several neighboring states. Critics argue that the law signals a regression in human rights at a time when international attention is already focused on the country’s political instability under the military junta of Captain Ibrahim Traoré.
The legislation was introduced alongside other reforms to the family code, including provisions raising the legal age of marriage to eighteen for both boys and girls, ensuring that marriage requires consent, and removing gender-based discrimination in inheritance law. While these measures have been viewed as progressive, they have been overshadowed by the international outcry over the anti-LGBTQ provisions.
The law takes effect immediately, pending final approval by the head of state. Its passage places LGBTQ individuals in Burkina Faso at risk of criminal prosecution, heavy fines, imprisonment, and, for non-nationals, deportation. Rights groups have called on the government to reverse the legislation and to uphold protections for freedom, privacy, and equality.
