On September 1st, the Transitional Legislative Assembly of Burkina Faso enacted a new law, criminalizing consensual same-sex relations. This legislative move represents a significant regression for the rights of lesbian, gay, bisexual, and transgender (LGBT) individuals in the West African nation. Under this recently adopted statute, those found guilty of engaging in homosexual acts could face penalties including up to five years of imprisonment and substantial fines.
This legislation directly undermines the fundamental rights of LGBT individuals to non-discrimination and privacy. Its passage occurs amidst a broader constriction of civic and political freedoms within the country, marked by intensified repression from the military junta targeting political opposition, media outlets, and peaceful dissent.
Historically, Burkina Faso stood apart from many other African nations as it lacked specific laws criminalizing consensual same-sex relations. Unlike several countries on the continent that inherited colonial-era penal codes prohibiting acts labeled as sodomy, Burkina Faso had not previously adopted such statutes.
Integrated into the wider Code of Persons and the Family, the provision introducing this criminalization received unanimous approval from all 71 members of the Assembly. The new measure explicitly aims to punish “behaviors […] of a nature to promote homosexual practices and assimilated practices” with both imprisonment and financial penalties.
Edasso Rodrigue Bayala, Burkina Faso’s Minister of Justice and Human Rights, articulated that this new law serves as a “response to the deep aspirations of our society,” thereby reflecting a “respect for cultural values.”
The junta’s decision to criminalize consensual same-sex relations directly contravenes its commitments under international human rights frameworks, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
In stark contrast, recent judicial rulings in other African nations such as Botswana, Mauritius, and Namibia have affirmed that laws criminalizing homosexual conduct are unconstitutional, infringing upon the rights to privacy and non-discrimination for LGBT individuals.
Beyond violating fundamental rights, such laws often foster an environment ripe for violence and abuse against LGBT populations. In 2014, the African Commission on Human and Peoples’ Rights (ACHPR) urged member states of the African Union to “end acts of violation and abuse” targeting individuals based on their sexual orientation or gender identity.
Junta President Ibrahim Traoré should refrain from signing the Code of Persons and the Family into law. Instead, he ought to return it to the Assembly for comprehensive revision. A 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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