A New Law in Burkina Faso Criminalizes Homosexual Acts

Burkina Faso has passed unprecedented legislation criminalizing same-sex relationships. In a significant legal shift, the country, which had not previously outlawed homosexuality at the national level, now imposes prison terms for such acts. The law, which came into effect on September 1st, introduces penalties ranging from two to five years of imprisonment, along with monetary fines. According to Justice Minister Edasso Rodrigue Bayala, foreign nationals found guilty under the new provisions will be subject to expulsion.

A Unanimous Vote from a Transitional, Unelected Assembly

The legislation was adopted unanimously by all 71 members of the Transitional Legislative Assembly. This body was established following the September 2022 military coup that brought Captain Ibrahim Traoré to power. At just 37 years old, Traoré has positioned himself as a defender of national sovereignty and has expressed skepticism toward so-called “Western values.” This ideological stance is reflected in Burkina Faso’s recent diplomatic realignments, notably closer ties with countries like Russia and Iran.

Early Media Restrictions Signaled the Shift in 2023

The move to criminalize homosexuality is part of a broader ideological crackdown. In August 2023, the country’s Superior Council for Communication, which oversees media regulation, had already banned television networks from airing content deemed to promote homosexuality. This measure hinted at a tightening stance on LGBTQ+ rights ahead of the current legal reform.

A Major Overhaul of the Family and Personal Code

The anti-LGBTQ+ provision is one component of a wider revision of Burkina Faso’s Code of Persons and Family. The restructured code introduces stricter requirements for foreign nationals wishing to acquire Burkinabè citizenship through marriage, extending the waiting period to five to seven years. It also grants legal recognition to customary and religious marriages, marking a significant legal reform in various aspects of civil life.

A Broader Pattern of LGBTQ+ Repression Across Africa

Burkina Faso joins a growing list of African nations enacting laws that target sexual minorities. In November 2024, neighboring Mali—also under military rule—passed similar legislation. Globally, approximately one-third of countries criminalize same-sex relations, with penalties ranging from imprisonment to the death penalty. On the African continent, over 30 out of 54 nations have laws that criminalize homosexuality. Some—such as Gambia, Sierra Leone, Zambia, and Tanzania—impose life sentences, while others like Nigeria, Kenya, and Malawi enforce prison terms of up to 14 years.

Next Steps: Official Enactment and Public Education

The revised code still awaits formal promulgation by Captain Ibrahim Traoré. Justice authorities have announced a nationwide awareness campaign to explain the law’s implications to the public. This initiative aligns with the military government’s strategy to solidify its authority by introducing culturally assertive and controversial social reforms, which are presented as affirmations of national identity and sovereignty.

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