Burkina Faso outlaws LGBTQ practices in a sweeping new law passed by its transitional parliament. The legislation introduces prison sentences, fines, and deportation for those convicted of same-sex activity, making the West African nation the latest in a growing list of countries to criminalize LGBTQ relationships.
What the New Law States
On Monday, Burkina Faso’s transitional parliament unanimously approved the Persons and Family Code law, which not only criminalizes LGBTQ practices but also introduces tighter rules on nationality and stateless people.
According to Justice Minister Edasso Rodrigue Bayala, the law sets strict punishments for offenders:
-
Two to five years in prison
-
Financial fines
-
Deportation for non-Burkinabe nationals in cases of repeat offenses
The law is now awaiting the signature of military junta leader Ibrahim Traoré, who has ruled the country since the 2022 coup.
Punishments for Same-Sex Relationships
Under the new legislation, individuals convicted of homosexual activity face harsh legal consequences. Repeat offenders who are foreign nationals risk being deported from Burkina Faso, signaling an even stronger stance against LGBTQ communities.
Bayala, speaking on state television, emphasized that such cases will be brought before a judge, highlighting the government’s commitment to enforcing the law.
Broader Implications for Family and Nationality
While the primary focus has been on its stance against LGBTQ practices, the law also addresses family law modernization and nationality regulations.
The new code aims to:
-
Clarify rules on stateless persons
-
Tighten requirements for obtaining Burkinabe nationality
-
Limit legal recourse in nationality disputes
However, critics argue that these measures restrict fundamental rights while simultaneously targeting minority communities.
Rising Intolerance Under Military Rule
Since the military seized power in 2022, Burkina Faso has seen growing political repression and intolerance of dissent. The junta, led by Ibrahim Traoré, has struggled to contain Islamist militant violence and is increasingly turning to strict social policies to consolidate authority.
Analysts suggest that criminalizing LGBTQ practices may be part of an effort to align the government with conservative cultural values while diverting attention from the worsening security crisis.
Regional Context: Africa’s Divided Approach
Burkina Faso joins several African nations with anti-LGBTQ laws, including:
-
Uganda
-
Senegal
-
Malawi
In contrast, other African countries have moved in the opposite direction:
-
South Africa legalized same-sex marriage and enshrined protections in its constitution.
-
Botswana and Angola have decriminalized same-sex activity.
This divergence underscores the ongoing cultural and political divide across the continent when it comes to LGBTQ rights.
The passage of the Persons and Family Code law means Burkina Faso outlaws LGBTQ practices and joins a wave of African nations enforcing stricter anti-LGBTQ policies.
While the government presents the law as part of a modernization agenda, its provisions on prison sentences, fines, deportation, and restricted nationality rights raise serious concerns for human rights advocates.
As the law awaits final approval from Ibrahim Traoré, Burkina Faso finds itself at the center of the growing global debate on LGBTQ rights, freedom, and state power in Africa.
