Burkina Faso Moves to Criminalize Same-Sex Relations in New Family Law Reform
Ouagadougou, burkina Faso – In a meaningful reversal of rights, Burkina Faso’s parliament passed a law on September 1, 2025, criminalizing consensual same-sex relations. The legislation, enacted amidst a broader crackdown on dissent by the ruling military junta, introduces penalties of two to five years in prison and fines for those convicted of homosexuality.
This marks the first time Burkina Faso has codified a law specifically outlawing same-sex conduct, diverging from its historical position of not inheriting colonial-era penal codes that criminalized “sodomy,” as seen in many other African nations. The criminalization provision was included within a wider Persons and Family Code and was unanimously approved by all 71 members of the assembly. The law also targets “behavior likely to promote homosexual practices and similar practices” with potential prison sentences and fines.
Justice and Human Rights Minister edasso Rodrigue bayala defended the legislation, stating it responded “to the deep aspirations of our society” and demonstrated “respect for cultural values.”
Though, human rights organizations assert the law violates basic rights to non-discrimination and privacy, and contravenes Burkina Faso’s obligations under the african Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. Recent court decisions in Botswana (2019), Mauritius (2023), and Namibia (2024) have established that laws criminalizing same-sex conduct are violations of privacy and non-discrimination rights.
The African Commission on Human and Peoples’ Rights in 2014 urged all African Union member states to “end all acts of violence and abuse” targeting individuals based on their sexual orientation or gender identity.
Advocates are now calling on Burkina Faso’s junta president, Ibrahim Traoré, to reject the Persons and Family Code and return it to the assembly for revision, urging a revised code that respects the rights of all citizens regardless of sexual orientation or gender identity. The move comes as Burkina Faso experiences shrinking civic and political space, with a documented crackdown on political opposition, media, and peaceful dissent.
