Burkina Faso’s new law criminalizes consensual same-sex relations

On September 1st, the transitional legislative assembly in Burkina Faso enacted a law that criminalizes consensual same-sex relations. This move marks a significant regression for the rights of lesbian, gay, bisexual, and transgender (LGBT) individuals within the nation. Under this new legislation, individuals found guilty of homosexual acts could face imprisonment for up to five years, in addition to financial penalties.

This law directly undermines the fundamental rights of LGBT individuals to non-discrimination and privacy. Its passage occurs amid a shrinking civic and political space, characterized by heightened repression from the military junta targeting political opposition, media outlets, and peaceful dissent. Prior to this, Burkina Faso lacked specific legislation criminalizing consensual relations between individuals of the same sex. Unlike many other African nations, Burkina Faso had not inherited a colonial penal code that prohibited acts defined as sodomy.

Integrated into the broader Code of Persons and the Family, the provision introducing criminalization received unanimous approval from all 71 members of the Assembly. It specifies penalties, including prison sentences and fines, for “behaviors […] likely to promote homosexual practices and assimilated practices.”

Burkina Faso’s Minister of Justice and Human Rights, Edasso Rodrigue Bayala, stated that this new law serves as a “response to the profound aspirations of our society,” reflecting a “respect for cultural values.”

The junta’s decision to criminalize consensual same-sex relations directly violates its obligations under both the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.

Recent judicial rulings in other African countries, such as Botswana, Mauritius, and Namibia, have affirmed that laws criminalizing homosexual conduct infringe upon the rights to privacy and non-discrimination for LGBT individuals.

Beyond infringing on fundamental rights, such laws often foster violence and abuse against LGBT people. In 2014, the African Commission on Human and Peoples’ Rights (ACHPR) urgently called upon member states of the African Union to “end acts of violence and abuse” targeting individuals based on their sexual orientation or gender identity.

Junta President Ibrahim Traoré of Burkina Faso should refrain from signing the Code of Persons and the Family. Instead, he ought to return it to the Assembly for reconsideration. The revised Code must uphold the rights to non-discrimination and privacy for all individuals in Burkina Faso, irrespective of their sexual orientation and gender identity.

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