OUAGADOUGOU, BURKINA FASO – Burkina Faso’s transitional government has passed a new law criminalizing homosexuality, a move that rights groups and international observers have condemned as a severe setback for human rights in the country. The legislation, which was unanimously approved by the country’s unelected 71-member legislative assembly, imposes prison sentences of two to five years and fines for those found guilty of engaging in “homosexual or similar practices.”
The new law is part of a broader reform of the country’s family and citizenship legislation. Justice Minister Edasso Rodrigue Bayala, in a statement on state broadcaster RTB, said the measure was a response to the “deep aspirations of our society” and would help “build a Burkinabè family.” He added that foreign nationals who violate the law would face deportation.
Until this recent development, Burkina Faso was one of the few African nations where consensual same-sex relations were not explicitly outlawed. The previous law, a colonial-era penal code, did not criminalize same-sex activity, making the country a relatively safer haven for LGBTQ+ individuals in the region.
The new legislation, however, mirrors a growing trend across the African continent where several countries have recently passed or toughened anti-LGBTQ+ laws, often with popular support and in the name of “traditional values.” This includes neighboring Mali, which adopted a similar law in 2024, as well as Ghana and Uganda, which have passed some of the world’s harshest anti-LGBTQ+ legislation.
Human rights organizations, including Human Rights Watch and the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), have spoken out against the law, arguing it violates fundamental rights to privacy and non-discrimination. The new law has sparked fear and uncertainty among the country’s LGBTQ+ community, who now face the risk of imprisonment and increased social stigma.
The new legislation is seen by some analysts as an attempt by the military government, which seized power in 2022, to consolidate its authority and garner public support by appealing to socially conservative values. This move comes amid a wider crackdown on civil liberties, including the arrest and conscription of critics and journalists. The government’s actions have raised concerns about the country’s human rights record and its commitment to international human rights obligations.
