Burkina Faso bans homosexuality, imposes prison sentences, expulsion for foreigners

Burkina Faso has introduced a law that criminalises homosexual activity, reflecting a tightening of LGBT rights across West Africa.

On Monday, September 1, the transitional parliament, whose members were not elected, voted in favour of the legislation. This decision follows a draft family code prepared by the cabinet in 2024.

Justice Minister Edasso Rodrigue Bayala stated, “The law provides for a prison sentence of between two and five years as well as fines.”

He further noted that foreigners found guilty would also be expelled from the country.

The bill now requires the signature of the nation’s military ruler, Captain Ibrahim Traoré, who took power in 2022 after toppling Lt Col Paul-Henri Damiba. Once signed, the law will come into force.

Previously, Burkina Faso was among the few African states where same-sex relations were not outlawed. Unlike many former British colonies, it did not inherit colonial-era anti-gay laws when it gained independence from France in 1960.

However, the country remains socially conservative and deeply religious, with fewer than one in ten people identifying as non-religious.

This shift aligns with developments in neighbouring states. In 2023, Mali, which is also under military leadership and closely allied with Burkina Faso, criminalised homosexuality. Nigeria maintains strict prohibitions, while Ghana’s parliament passed a similar bill that ultimately was not signed into law.

Uganda has adopted the most extreme stance, introducing the death penalty for aggravated homosexuality and life imprisonment for consensual same-sex relations.

Global organisations have voiced opposition. The World Bank, for instance, suspended loans to Uganda over its anti-LGBT laws, although the restriction was later removed.