In Burkina Faso, the Transitional Legislative Assembly unanimously adopted a law explicitly criminalizing same-sex relations. These acts are now punishable by two to five years in prison, and can also result in fines and deportation for foreigners. Presented as a defense of "traditional values," this reform illustrates the stranglehold of Ibrahim Traoré's junta and fuels the concerns of human rights defenders.

For the first time, a law explicitly criminalizes same-sex relations in Burkina Faso, making them punishable by two to five years in prison. Passed unanimously by the transitional legislative assembly, dominated by the ruling junta, this reform marks a toughening of the legal framework and fuels a sensitive debate on individual freedoms in the country.

A law voted unanimously

Justice Minister Edasso Rodrigue Bayala announced that the new law provides for fines in addition to imprisonment. For foreigners, expulsion will be systematic. This provision is part of a new Personal and Family Code, which also includes other reforms such as the legal recognition of religious and customary marriages, and the tightening of conditions for acquiring nationality through marriage.

Adopted by the 71 members of the Transitional Legislative Assembly, this measure illustrates the stranglehold of the junta led by Captain Ibrahim Traoré, who came to power in a coup d'état in September 2022. Aged 37, he has since pursued a sovereignist policy and displayed an avowed hostility towards certain "Western values".

A regional trend

Burkina Faso thus joins some thirty African countries that prohibit and criminalize same-sex relationships. In some states, such as Tanzania, Sierra Leone, and Gambia, sentences can be as long as life imprisonment. Nigeria and Malawi, on the other hand, provide for up to fourteen years in prison.

Neighboring Mali, also ruled by a military junta, adopted a similar law in November 2024. This convergence reflects a regional trend toward strengthening repressive legislation against sexual minorities.

A social climate already marked by censorship

The law comes at a time when freedom of expression and minority rights are increasingly restricted. In August 2023, the High Council for Communication had already banned the broadcasting of television channels accused of "promoting homosexuality." The criminalization of homosexual practices now confirms the authorities' desire to tighten social and moral control.

While the government justifies this law by defending "traditional values," it is already raising concerns among human rights defenders. They fear a resurgence of discrimination, violence, and arbitrary prosecutions against LGBT people, who are forced to live underground.