In a significant blow to the rights of lesbian, gay, bisexual, and transgender (LGBT) people, Burkina Faso‘s transitional legislative assembly passed a law on September 1st that criminalizes consensual same-sex relationships. Under this new legislation, individuals convicted of homosexuality face penalties including up to five years in prison and financial fines.
This law infringes upon the rights of LGBT individuals to privacy and non-discrimination. Its passage occurs within a broader context of shrinking civic and political freedom, marked by a military junta’s crackdown on political opposition, the media, and peaceful dissent.
Until this point, Burkina Faso had been one of the few African nations without a law criminalizing same-sex conduct. The country did not inherit a colonial-era penal code that outlawed sodomy, distinguishing it from many of its neighbors.
The provision was passed unanimously by all 71 members of the Assembly as part of the wider Code of Persons and the Family. It aims to punish “behaviors […] of a nature to promote homosexual practices and similar practices” with imprisonment and fines.
Justifying the measure, Burkina Faso’s Minister of Justice and Human Rights, Edasso Rodrigue Bayala, stated that the new law is a “response to the deep aspirations of our society” and reflects a “respect for cultural values.”
The junta’s decision to outlaw consensual same-sex relationships violates Burkina Faso’s obligations under both the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
This move also runs counter to a recent trend in other African nations. Courts in countries such as Botswana, Mauritius, and Namibia have struck down similar laws, affirming that the criminalization of homosexual conduct violates the rights to privacy and non-discrimination for LGBT people.
Beyond violating fundamental rights, such laws are known to foster violence and abuse against LGBT individuals. As far back as 2014, the African Commission on Human and Peoples’ Rights urged African Union member states to “end all acts of violation and abuse“ targeting people based on their sexual orientation or gender identity.
The head of Burkina Faso’s junta, Ibrahim Traoré, should refuse to sign the Code of Persons and the Family into law. Instead, he should return it to the Assembly for revision. A revised code must uphold the rights to non-discrimination and privacy for every person in Burkina Faso, regardless of their sexual orientation and gender identity.
