Burkina Faso Passes New Law Criminalizing Same-Sex Relationships
Burkina Faso has enacted a controversial new law that criminalizes same-sex relationships, marking a dramatic legal and cultural shift in the country. Previously, homosexuality was not explicitly banned at the national level. However, as of September 1st, new legislation enforces prison sentences ranging from two to five years, along with financial penalties for those found guilty. Justice Minister Edasso Rodrigue Bayala confirmed that foreign nationals convicted under the law will face immediate expulsion from the country.
Transitional Assembly Approves Law Unanimously
The measure was passed unanimously by all 71 members of the Transitional Legislative Assemblyâan interim body formed after the military coup of September 2022, which ousted the previous government and installed Captain Ibrahim TraorĂŠ as leader. At just 37 years old, TraorĂŠ has positioned himself as a staunch advocate for national sovereignty and a critic of what he terms âWestern values.â This ideological shift is also evident in Burkina Faso’s evolving foreign policy, with growing alliances with nations such as Russia and Iran.
Media Censorship Paved the Way in 2023
This legal development is part of a wider sociopolitical movement aimed at reinforcing conservative norms. In August 2023, the Superior Council for Communication, the national body overseeing media content, prohibited TV channels from broadcasting content perceived to support or promote homosexuality. This media restriction was an early indicator of the government’s stance and a precursor to broader crackdowns on LGBTQ+ rights.
Sweeping Changes to the Family and Personal Code
The anti-LGBTQ+ legislation is just one part of a larger overhaul to Burkina Fasoâs Code of Persons and Family. Significant revisions include more stringent conditions for foreign nationals seeking Burkinabè citizenship through marriage, with the waiting period now extended to between five and seven years. Additionally, the updated code grants formal legal recognition to customary and religious marriages, reflecting the government’s emphasis on traditional cultural and social values.
LGBTQ+ Rights Under Pressure Across Africa
Burkina Fasoâs new law is part of a wider trend across the African continent, where increasing numbers of governments are pursuing legal action against sexual minorities. In November 2024, neighboring Maliâalso under military leadershipâadopted similar legislation. Globally, around one-third of countries criminalize same-sex relationships, with penalties ranging from imprisonment to, in some cases, the death penalty. In Africa, over 30 out of 54 countries have laws against homosexuality. Some nations, such as Sierra Leone, Gambia, Zambia, and Tanzania, impose life sentences, while othersâincluding Nigeria, Kenya, and Malawiâenforce prison terms of up to 14 years.
Implementation and Public Outreach Ahead
The new legal code still awaits official promulgation by Captain Ibrahim TraorĂŠ. Meanwhile, justice officials have announced plans for a nationwide awareness campaign to educate the public about the changes. This initiative aligns with the military governmentâs broader strategy of consolidating power through social reforms that emphasize cultural identity and national pride. The outreach efforts are expected to play a key role in shaping public acceptance and understanding of the controversial legislation.