Burkina Faso’s new law criminalizes same-sex relations

On September 1st, Burkina Faso’s transitional legislative assembly enacted a law criminalizing consensual same-sex relationships, a significant regression for the rights of lesbian, gay, bisexual, and transgender (LGBT) individuals. Under this new legislation, those found guilty of homosexual acts could face up to five years in prison, alongside financial penalties.

This law directly infringes upon the rights of LGBT individuals to non-discrimination and privacy. Its passage occurs within a broader context of diminishing civic and political freedoms, marked by the military junta’s severe suppression of political opposition, media outlets, and peaceful dissent. Historically, Burkina Faso had no specific legislation criminalizing consensual same-sex relations, setting it apart from many other African nations that inherited colonial-era penal codes prohibiting acts like sodomy.

Integrated into the wider Code of Persons and the Family, the provision criminalizing these acts received unanimous support from all 71 members of the Assembly. It stipulates punishment, including imprisonment and fines, for “behaviors […] intended to promote homosexual and analogous practices.”

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

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

Recent judicial decisions in other African countries, notably Botswana, Mauritius, and Namibia, have affirmed that laws criminalizing homosexual conduct violate the rights of LGBT individuals to privacy and non-discrimination.

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

Ibrahim Traoré, the leader of Burkina Faso’s junta, should refrain from signing the Code of Persons and the Family. Instead, he ought to return it to the Assembly for revision. The revised Code must uphold the rights to non-discrimination and privacy for all people in Burkina Faso, regardless of their sexual orientation or gender identity.

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