Burkina Faso Criminalizes Homosexuality
By Darius Spearman (africanelements)
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Burkina Faso’s New Anti-LGBTQ+ Law
Burkina Faso has officially passed a law that criminalizes homosexuality, a move that carries significant implications for human rights in the West African nation. The amended family code, which now includes provisions against same-sex relationships, received unanimous approval from the parliament on Monday, September 1, 2025 (Africanews). This legislative action comes more than a year after the military government, led by Ibrahim Traoré, initially approved the measure (Africanews).
Justice Minister Edasso Rodrigue Bayala confirmed that individuals involved in same-sex relationships now face potential prison sentences and fines (Africanews). He controversially described homosexual acts as “bizarre behavior” (Africanews). Officials have framed this new law as a recognition of “marriage and family values” within Burkina Faso (Africanews). This development marks a significant shift, as homosexuality was not explicitly banned in Burkina Faso before the military takeover (Out.tv).
A Regional Trend in Anti-LGBTQ+ Legislation
The criminalization of homosexuality in Burkina Faso is not an isolated event. It aligns with a broader and increasingly stringent trend of anti-LGBTQ+ laws emerging across several African nations, particularly those under military rule (Africanews). More than half of Africa’s 54 countries now have laws banning homosexuality (Africanews). Penalties for these offenses vary widely, ranging from several years in prison to the death penalty (Africanews).
African Countries with Anti-Homosexuality Laws
Burkina Faso’s neighbor and close ally, Mali, also governed by a military junta, enacted a similar law in November 2024 (Africanews, The Conversation). Furthermore, there has been growing opposition to LGBTQ+ rights in Uganda and Ghana, with both nations tightening their anti-gay legislation in recent years (Africanews). In Uganda, “aggravated homosexuality” can be punishable by death, and consensual same-sex relations may lead to a life sentence (Africanews). This surge in anti-LGBTQ+ legislation is often perceived as a sign of opposition to Western influence (The Conversation).
Junta’s Human Rights Record
The military junta in Burkina Faso, which seized power in a 2022 coup, has faced accusations from human rights organizations of systematically suppressing dissent and violating human rights (Human Rights Watch). Since assuming control, President Ibrahim Traoré’s military government has consistently cracked down on media outlets, political opposition, and peaceful protests (Human Rights Watch). Amidst a growing Islamist insurgency, the junta has utilized a broad emergency law to silence critics and unlawfully conscript journalists, civil society activists, and magistrates into the military (Human Rights Watch).
Understanding a Military Junta
A military junta is a government led by a committee of military leaders. These regimes typically come to power through a coup d'état, suspending constitutional rule and often suppressing civil liberties. In Burkina Faso, the military junta seized power in 2022, and its control over the legislative process raises questions about the legitimacy of laws passed under its authority.
The arbitrary arrests and disappearances of journalists raise serious concerns about enforced disappearances and the junta’s tight control over information (Human Rights Watch). Traoré has strategically positioned himself as a pan-African leader, promoting rhetoric of independence from the West (Africanews). This message often resonates strongly with Africa’s younger population (Africanews). The anti-LGBTQ+ law appears to be part of this broader pattern of human rights concerns under the military junta, reflecting a tightening of control and a disregard for human rights (Workers’ Liberty).
The Path to Criminalization
The intention to ban homosexuality in Burkina Faso was reported as early as mid-2024, signaling a planned move towards criminalization (Out.tv, CBS News). In July 2024, reports indicated that Burkina Faso was preparing to outlaw homosexuality, with a proposed law specifically targeting sex between individuals of the same gender (Out.tv, CBS News). This legislative initiative was recognized as consistent with the trend of increasingly strict anti-LGBTQ+ laws emerging across the African continent (Out.tv).
The Justice Minister, Edasso Rodrigue Bayala, explicitly stated that “Henceforth, homosexuality and associated practices will be punished by the law” (The Pink News). While the precise legal text is not yet fully detailed, this broad phrasing suggests that the law will encompass more than just consensual same-sex acts (The Pink News). This move aligns Burkina Faso with other African nations that are enacting discriminatory legislation against LGBTQ+ individuals, sometimes resulting in imprisonment or even the death penalty (The Pink News).
Timeline of Burkina Faso's Anti-LGBTQ+ Law
Enforcement and International Reaction
As of the latest information, the law has been approved by parliament and is awaiting the final signature of junta leader Captain Ibrahim Traore (Workers’ Liberty). Therefore, widespread reports of practical enforcement, arrests, or prosecutions specifically under this new law are not yet available. Nevertheless, the clear intent to criminalize is evident, and human rights organizations have condemned the move (The Pink News).
International human rights organizations have strongly criticized the proposed law. The National Consultative Commission on Human Rights, for instance, condemned the initiative, emphasizing the principle of equality in dignity and rights (The Pink News). Amnesty International’s 2022/23 report highlighted a global context of persistent conflicts and violations of international humanitarian law, leading to “appalling human tragedies” (Amnesty.org). While specific reactions from foreign governments or regional bodies to this particular law are not detailed in the provided information, the broader trend of anti-LGBTQ+ legislation in Africa is a noted concern.
Public Opinion and Legislative Legitimacy
Specific data or reporting on the general population’s views regarding the new law in Burkina Faso are not available in the provided sources. However, the National Consultative Commission on Human Rights has openly opposed the proposed legislation (The Pink News). They stated, “In Burkina Faso, thousands of people suffer from prejudice and injustice every day. We must take action” (The Pink News).
The legitimacy and public acceptance of this legislative process are questionable, primarily because the parliament is controlled by the military junta (Workers’ Liberty). The junta came to power through two coups in 2022, with Captain Ibrahim Traore assuming leadership after the second coup (Workers’ Liberty). Since Traore leads the cabinet that initially decided on the law, its passage was considered “certain to pass” (Workers’ Liberty). This situation suggests a lack of independent legislative oversight and raises concerns about the democratic process.
Implications for LGBTQ+ Rights
Before the military takeover and the introduction of this new law, homosexuality was not explicitly banned in Burkina Faso (Out.tv). The current move to criminalize homosexuality represents a significant and regressive change in LGBTQ+ rights within the country (Out.tv). The proposed law aims to criminalize sex between individuals of the same gender, establishing a new legal prohibition (Out.tv).
The provided information does not indicate any existing protections or rights for LGBTQ+ individuals in Burkina Faso that would remain unaffected by this new law. The criminalization of homosexuality, along with “associated practices,” signifies a substantial negative shift in the legal landscape for LGBTQ+ individuals in Burkina Faso (The Pink News). This development is part of a broader trend across African nations to enact discriminatory legislation, with some countries imposing severe penalties, including imprisonment or even the death penalty (The Pink News).
Broader Context of Human Rights
The anti-LGBTQ+ law in Burkina Faso appears to be an integral part of a broader pattern of human rights concerns under the military junta. While the direct connection to crackdowns on dissent and media is not explicitly detailed in the provided search results, the context of two military coups in 2022 and the junta’s control over the legislative process strongly suggest a tightening of control and a disregard for human rights (Workers’ Liberty). Amnesty International’s report further highlights a global trend of human rights violations, with 2022 seeing “violations of international humanitarian law led to appalling human tragedies” (Amnesty.org).
The Justice Minister’s statement about “bizarre behavior” and the lack of specific details regarding implications for foreign nationals, expatriates, tourists, or refugees under the new law are concerning. The focus remains on the criminalization of homosexuality for all individuals within Burkina Faso. This situation underscores the urgent need for international scrutiny and advocacy to protect human rights in the region.
ABOUT THE AUTHOR
Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.
