On September 1, 2025, Burkina Faso’s Transitional Legislative Assembly passed a law criminalizing consensual same-sex relations, marking a significant setback for the rights of lesbian, gay, bisexual, and transgender (LGBT) individuals. Those found guilty under the new law could face two to five years in prison and fines. The legislation infringes upon LGBT people’s rights to privacy and non-discrimination.
The law comes amid a shrinking civic and political space in the country, with the military junta cracking down on political opposition, media, and peaceful dissent. Until now, Burkina Faso had never criminalized consensual same-sex relations, and unlike many other African nations, it did not inherit colonial-era sodomy laws.
The criminalization provision was adopted unanimously by the assembly’s 71 members as part of the broader Persons and Family Code. It also imposes penalties on “behavior likely to promote homosexual practices and similar practices.” Justice and human rights minister Edasso Rodrigue Bayala stated that the legislation responds “to the deep aspirations of our society” and reflects “respect for cultural values.”
The junta’s decision violates Burkina Faso’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. Recent rulings in Botswana, Mauritius, and Namibia have affirmed that criminalizing same-sex conduct breaches the privacy and non-discrimination rights of LGBT people.
Such laws not only violate fundamental rights but also foster violence and abuse against LGBT communities. The African Commission on Human and Peoples’ Rights has previously urged member states to end all acts of violence and abuse targeting individuals based on sexual orientation or gender identity.
Human rights advocates urge Burkina Faso’s junta president, Ibrahim Traoré, not to sign the Persons and Family Code into law. Instead, the legislation should be referred back to the assembly for revision to ensure it respects the rights to privacy and non-discrimination for all citizens, regardless of sexual orientation or gender identity.
