BURKINA Faso’s transitional parliament has passed sweeping legislation criminalising conduct deemed to promote LGBTQ practices, introducing prison terms, fines and deportation for foreigners convicted under the law.
The measure, adopted unanimously by the unelected 71-member transitional parliament on Monday, awaits the signature of junta leader Captain Ibrahim Traoré. Justice Minister Edasso Rodrigue Bayala confirmed the details on state television, saying penalties range from two to five years in prison alongside financial sanctions.
Jail terms, fines and deportation
‘A person who engages in homosexual practices will appear before a judge,’ Bayala said. ‘In the event of a repeat offence, the individual will face deportation if not a Burkinabe national.’
The new legislation amends the Persons and Family Code, which the government describes as an effort to modernise family law and strengthen rules on nationality and statelessness.
However, human rights advocates are expected to denounce the measures, which not only restrict same-sex relations but also narrow avenues of appeal in nationality disputes.
Regional trend of restrictions
Burkina Faso now joins a wider group of African states that have criminalised LGBTQ activity. Similar restrictions are in place in Senegal, Uganda and Malawi, while other countries, including South Africa, Botswana and Angola, have decriminalised same-sex relations and introduced protective legal frameworks.
The passage of the bill underscores the increasingly hard-line stance of Burkina Faso’s military-led authorities. Since seizing power in a 2022 coup, the junta has grown intolerant of dissent as it confronts escalating Islamist militant violence across much of the country.
Broader implications
Analysts say the law reflects both domestic political calculations and broader cultural conservatism in the region. While the government argues the amendments bring clarity to family and nationality rules, critics warn the anti-LGBTQ provisions will deepen social divisions and draw international condemnation.
The measure now moves to Traoré’s desk for final approval, which observers say is highly likely.
