Burkina Faso has joined a growing list of African nations tightening laws against same-sex relations, with an extensive new code set to reshape family and nationality rules.
Burkina Faso’s transitional assembly has passed a controversial law criminalising homosexuality, marking the first time such legislation has been introduced in the country.
The move, backed unanimously on Monday by the 71 unelected members of the transitional legislative assembly, comes nearly three years after the military junta seized power.
Under the new law, individuals convicted of same-sex relations face prison sentences of between two and five years, as well as fines.
Justice Minister Edasso Rodrigue Bayala announced on national television that foreign nationals found guilty would be expelled from the country.
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Broader 'family' reforms
Until now, Burkina Faso had no specific laws targeting homosexuals, although LGBT+ communities have long been forced to live discreetly.
The measure is part of a broader reform of the "Code of Persons and Families", which also tightens the rules for acquiring Burkinabè nationality through marriage and grants legal recognition to religious and customary unions.
The legislation is expected to be signed into law by junta leader Captain Ibrahim Traoré, who took power in a coup in September 2022.
Traoré has pursued a fiercely sovereigntist line, often rejecting what he calls Western “values” and drawing closer to allies such as Russia and Iran.
Authorities say the new code will be rolled out through a public awareness campaign.
In August 2023, Burkina Faso’s media regulator banned television stations from broadcasting content deemed to promote homosexuality.
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Criminalisation of homosexuality
Monday’s legislation builds on this hardening stance. Neighbouring Mali, also ruled by a military junta, adopted a similar law in November 2024.
Burkina Faso joins more than 30 African nations where same-sex relations are outlawed.
In countries such as Tanzania, Zambia, Sierra Leone and The Gambia, prison terms can extend to life sentences.
In Nigeria, Kenya and Malawi, those convicted can face up to 14 years behind bars. Uganda’s recent Anti-Homosexuality Act has drawn widespread international condemnation for introducing harsh penalties, while Ghana’s parliament earlier this year passed a bill criminalising LGBT+ advocacy and support networks.
Around a third of countries around the world continue to prohibit same-sex relations, and in some cases these laws carry the death penalty.
Despite steady progress in many regions towards decriminalisation, campaigners warn of a “troubling regression” across parts of Africa.
The international advocacy group Ilga World has voiced concern that such crackdowns risk entrenching discrimination and undermining basic human rights.
