Burkina Faso Passes Law Criminalizing Homosexuality
On Monday, Burkina Faso’s parliament enacted a law imposing prison sentences of two to five years for “gay practices.” This positions Burkina Faso as the 33rd out of 54 African countries to outlaw homosexuality.
“If someone identifies as gay or engages in similar behaviors, they will face a judge,” warned Justice Minister Edasso Rodrig Byra during a nationwide television broadcast.
Byra indicated that the new law would soon take effect, adding that foreigners found guilty of breaching this law might face deportation.
This prohibition on homosexuality falls under the “person and family code.” Amnesty International (AI) has highlighted some provisions of this code, including establishing a minimum marriage age of 18 for all individuals and requiring consent from both parties to marry.
“This legislation aims to shield children from early and forced marriages. These harmful practices have long breached their rights and disrupted their education and well-being. We also commend measures addressing gender discrimination related to inheritance rights. These are significant steps toward safeguarding the rights of children and women,” the statement noted.
However, the organization expressed dismay over the criminalization of same-sex relationships among adults, calling it discriminatory and a violation of equal rights under the law. They pointed out that this stance contradicts commitments made in the African Charter and international human rights agreements ratified by Burkina Faso.
AI and other advocates have urged President Ibrahim Traore to reconsider the current “person and family code” in Congress to lift the ban on homosexuality. The version currently in force was adopted unanimously by the transitional legislative assembly.
Traoré, who came to power following a coup in 2022, has emerged as a proponent of Pan-Africanism. His administration has severed ties with France and aligned itself with Russia, similar to the military regimes in neighboring Mali and Niger.
After experiencing three coups, Burkina Faso pulled back from the Economic Communities of West African States (ECOWAS) to form the Sahel Alliance (AES), a coalition aimed at avoiding external influences from both African nations and the West.
In Mali, which is also part of the AES, a similar law banning homosexuality was enacted in October 2024. Over a year ago, Traoré’s government had already approved a draft of the “Family Code” that included the ban on homosexuality.
Neither Traoré nor his 71 lawmakers were elected, and there are no plans for elections in the near future. The transitional government has established that it will remain in power until at least July 2029, as outlined in the May 2024 Charter.
