Burkina Faso imposes prison sentences for consensual same-sex relations

The Burkina Faso transitional legislative assembly enacted a controversial law on September 1st, making consensual same-sex relations illegal. This decision marks a significant setback for lesbian, gay, bisexual, and transgender (LGBT) rights in the country. Under the new legislation, individuals convicted of homosexuality face up to five years in prison and substantial fines.

This law infringes upon the fundamental rights of LGBT individuals, including their rights to non-discrimination and privacy. It was passed during a period of shrinking civic space and intensified repression by the military junta against political opposition, media outlets, and peaceful dissent.

a stark departure from regional trends

Unlike many other African nations, Burkina Faso previously lacked laws criminalizing consensual same-sex relationships. Historically, the country did not inherit colonial-era penal codes that penalized acts deemed “sodomy.” The newly adopted provision, part of the larger Code of Persons and Family, was unanimously approved by all 71 members of the assembly. It penalizes “behaviors […] likely to promote homosexual practices and related acts” with imprisonment and fines.

Edasso Rodrigue Bayala, Burkina Faso’s Minister of Justice and Human Rights, justified the law as a reflection of “the deep aspirations of our society” and a “respect for cultural values.”

contradictions with international human rights obligations

The junta’s decision to criminalize consensual same-sex relations violates Burkina Faso’s commitments under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. Recent court rulings in countries such as Botswana, Mauritius, and Namibia have affirmed that laws criminalizing homosexual conduct violate the rights to privacy and non-discrimination of LGBT individuals.

Beyond violating fundamental rights, such laws perpetuate violence and abuse against LGBT persons. In 2014, the African Commission on Human and Peoples’ Rights (ACHPR) urged African Union member states to “put an end to acts of violation and abuse” targeting individuals based on their sexual orientation or gender identity.

a call for legislative revision

Ibrahim Traoré, the president of Burkina Faso’s junta, has the authority to veto the Code of Persons and Family. Rather than signing it into law, he should return it to the assembly for further review. A revised version of the code must uphold the rights to non-discrimination and privacy for all individuals in Burkina Faso, irrespective of their sexual orientation or gender identity.