Burkina Faso passes law criminalising homosexuality

Burkina Faso’s parliament has passed a law banning homosexuality with offenders facing two to five years in prison, the state broadcaster reported late Monday.

The amended family code was approved by the parliament on Monday in an unanimous vote that puts the code into effect more than a year after it was approved by the military government of Ibrahim Traore.

Burkina Faso joins the list of more than half of Africa’s 54 countries that have laws banning homosexuality with the penalties ranging from several years in prison to the death penalty. The laws, though criticised abroad, enjoy popularity in the countries where locals and officials have criticised homosexuality as behavior imported from abroad and not a sexual orientation.

Burkina Faso’s neighbour and close ally Mali – which is also ruled by a military junta - passed a similar law in November.  

There’s also been growing opposition to LGBTQ+ rights in Uganda and Ghana, both of which have tightened anti-gay legislation in recent years. In Uganda, so-called “aggravated homosexuality” can be punishable by death, while engaging in same-sex relations can carry a life sentence.  

'Marriage and family values'

Burkina Faso's new law goes into effect immediately with individuals in same-sex relationships risking prison sentences as well as fines, Justice Minister Edasso Rodrigue Bayala said during a briefing broadcast by the state TV. He described homosexual acts as “bizarre behavior.”

Officials touted the new law as a recognition of “marriage and family values” in Burkina Faso.

“You will go before the judge,” the justice minister said, addressing offenders.

Burkina Faso has been run by the military following a coup in 2022 that the soldiers said was to stabilise the country amid a worsening security crisis and provide better governance.

Rights group, however, accuse the junta of clamping down on human rights with the rampant arrest and military conscription of critics.

Since coming to power in September 2022 after Burkina Faso's second coup that year, the junta leader Traore has also positioned himself as a pan-African leader with rhetoric of independence from the West — a message that often resonates with Africa's young population.