Burkina Faso Parliament Passes Bill Criminalizing Homosexuality with Up to 5 Years Imprisonment
On September 1, 2025, Burkina Faso’s unelected transitional parliament unanimously passed a bill criminalizing homosexual acts, marking a significant shift in the country’s legal stance on same-sex relationships.
The legislation, which imposes prison sentences of two to five years and fines for those found guilty, is part of a broader amendment to the country’s Persons and Family Code. It awaits the signature of Burkina Faso’s military leader, Captain Ibrahim Traoré, to become law, a step widely expected to be formalized given the junta’s support for the measure.
Justice Minister Edasso Rodrigue Bayala announced the new law on state-run broadcaster RTB, stating, “The law provides for a prison sentence of between two and five years as well as fines.” He further noted that foreign nationals convicted under the legislation would face deportation in addition to other penalties. Bayala described homosexual acts as “bizarre behavior” and framed the law as a defense of “marriage and family values” in Burkina Faso, aligning it with the country’s socially conservative and religious ethos, where less than 10% of the population identifies as non-religious.
The bill builds on a draft amendment to the family code adopted by Burkina Faso’s cabinet in 2024, which initially proposed criminalizing homosexuality. This move reverses Burkina Faso’s previous status as one of the few African nations—22 out of 54—where same-sex relations were not explicitly outlawed. Unlike many former British colonies that inherited anti-homosexuality laws, Burkina Faso, a former French colony, had no such statutes upon gaining independence in 1960. However, the military junta, led by Traoré since a 2022 coup that ousted Lt. Col. Paul-Henri Damiba, has increasingly leaned toward restrictive social policies amid a broader agenda of asserting national sovereignty and cultural conservatism.
This legislation aligns Burkina Faso with a growing wave of anti-LGBTQ+ measures across Africa. Neighboring Mali, also under military rule and an ally of Burkina Faso, passed a similar law in November 2024. Nigeria enforces strict bans through its 2014 Same-Sex Marriage (Prohibition) Act, which prescribes up to 14 years’ imprisonment. Ghana’s parliament passed an anti-homosexuality bill in 2024, though it was not signed into law by the then-president. Uganda has implemented the continent’s harshest measures, with its 2023 Anti-Homosexuality Act imposing life imprisonment for consensual same-sex acts and the death penalty for “aggravated homosexuality,” drawing significant international condemnation.
The passage of Burkina Faso’s law has sparked concern among human rights groups, who see it as part of a broader crackdown on LGBTQ+ rights in West Africa. The World Bank previously suspended loans to Uganda over its anti-LGBTQ+ laws, though the ban was later lifted, and similar international backlash is anticipated for Burkina Faso. Critics argue that such laws, while often popular domestically—framed as protecting local cultural values against perceived Western influences—violate human rights and marginalize vulnerable communities. In Burkina Faso, where about 40% of the territory is controlled by groups linked to al-Qaeda and Islamic State, the junta’s focus on this legislation has also been criticized as a distraction from addressing ongoing security challenges, including extremist violence that has killed thousands and displaced over two million people.
The law’s supporters, however, argue it reflects the will of Burkina Faso’s conservative populace and aligns with Traoré’s pan-African rhetoric of resisting Western cultural imposition. Traoré, who has positioned himself as a champion of African sovereignty since seizing power, enjoys significant domestic support, particularly among younger populations. The legislation is expected to be accompanied by an awareness campaign to “popularize” its provisions, according to officials.
As the bill awaits Traoré’s signature, its passage marks a pivotal moment for Burkina Faso, placing it among the majority of African nations—over 30 out of 54—where homosexuality is now criminalized. The international community will be closely watching the junta’s next steps and the potential impact on Burkina Faso’s global relations, particularly with institutions like the World Bank and Western governments that have previously penalized similar anti-LGBTQ+ measures.
