Burkina Faso passes law criminalising homosexuality

Same-sex activity had been legal in Burkina Faso since 1960, when it gained independence from France.

This article is about Burkina Faso criminalising homosexuality. The image is a close up of two men holding hands.
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Burkina Faso has criminalised homosexuality, making it punishable by up to five years in prison. The new measure was unanimously voted through on Monday, September 1, by 71 unelected members of the country’s transitional parliament.

Justice Minister Edasso Rodrigue Bayala reportedly told media, “If a person is a perpetrator of homosexual or similar practices, all the bizarre behaviour, they will go before the judge.” He also confirmed that foreign nationals would be deported if caught breaking the law.

Same-sex activity had been legal in Burkina Faso since 1960, when it gained independence from France. It did not inherit anti-homosexuality laws, unlike Britain’s former colonies in Africa.

However, the military seized power in Burkina Faso in 2022 under leader Capt Ibrahim Traoré. In late 2024, they first moved to criminalise same-sex activity, and the law is part of a wider reform of family and citizenship legislation that will be “popularised through an awareness campaign”. Having passed through parliament, it now needs the signature of Traoré.

32 countries in Africa currently criminalise homosexuality. Mali, which is similarly ruled by a junta, outlawed same-sex relations in late 2024.

However, there have also been recent wins on the continent regarding LGBTQ+ rights. In August, a Kenyan high court ruled that a transgender woman’s rights were violated while in custody, and it ordered the government to pass legislation for the recognition of trans people.

The complainant, referred to as ‘SC’, brought the case after she was arrested by Kenyan police on charges of “impersonation” in June 2019. She was remanded to a women’s prison and, while in custody, was subjected to intrusive body searches and non-consensual medical examinations to “determine her gender”. Moreover, her medical records were leaked to the media.

In the landmark decision, Justice R. Nyakundi of the Eldoret High Court awarded the woman 1,000,000 Kenyan Shillings (approximately €6,500) in damages. The court found that her rights to dignity, privacy and freedom had been violated by the inhuman and degrading treatment she received while in custody.

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