Burkina Faso’s parliament votes to outlaw homosexual acts

Burkina Faso Parliament Criminalises Homosexual Acts

Burkina Faso’s transitional parliament has voted to outlaw homosexual acts, marking a sharp departure from its previous legal stance and aligning the country with a growing number of African states adopting strict anti-LGBTQ laws. The decision, made on Monday, comes just over a year after the cabinet introduced a draft family code amendment criminalising same-sex relationships.

Details of the New Law

The newly adopted legislation provides for prison terms ranging from two to five years, along with heavy fines. According to Justice Minister Edasso Rodrigue Bayala, foreign nationals convicted under the law will also face deportation. The final step for the bill is awaiting the signature of Captain Ibrahim Traoré, the military leader who has governed since seizing power in 2022.

Political Context and Leadership

Captain Traoré rose to power by ousting Lt Col Paul-Henri Damiba in September 2022. Since then, the junta has tightened its grip on national politics while implementing new legislation aligned with conservative social values. The anti-homosexuality bill reflects a broader trend of restrictive policies emerging across the Sahel and beyond.

From Tolerance to Criminalisation

Historically, Burkina Faso stood out on the continent for its relative tolerance. It was one of only 22 out of 54 African countries where same-sex relations were legal. Unlike many former British colonies that inherited colonial-era anti-LGBTQ laws, Burkina Faso did not criminalise homosexuality after independence from France in 1960. This new law represents a dramatic shift in the nation’s legal and social landscape.

Religious and Cultural Influences

The country is predominantly religious and socially conservative, with fewer than 10% of the population identifying as non-religious. Traditional and religious values have strongly influenced public opinion, creating pressure on policymakers to adopt laws that align with widely held cultural norms. The recent legislation reflects these domestic realities even as it draws criticism internationally.

Regional Crackdown on LGBTQ Rights

Burkina Faso’s move follows a broader regional pattern. In 2023, neighboring Mali—also under military rule—introduced legislation criminalising same-sex relationships. Ghana’s parliament passed an anti-homosexuality bill the same year, though it remains unsigned by the president. Nigeria has long enforced some of the toughest anti-LGBTQ laws in Africa, while Uganda has adopted the most severe penalties, including life imprisonment and even the death penalty for what it terms “aggravated homosexuality.”

International Response and Criticism

International organizations and global financial institutions have voiced growing concern over anti-LGBTQ laws in Africa. In 2023, the World Bank froze new loans to Uganda in protest against its extreme anti-gay legislation. Although the ban was later lifted, the episode underscored the potential economic risks for nations enacting such laws. Critics argue that criminalising same-sex relationships violates human rights and undermines democratic freedoms, but African governments often frame these measures as protecting cultural sovereignty.

The Next Steps in Burkina Faso

Once signed by Capt. Traoré, the law will formally criminalise homosexuality in Burkina Faso, bringing the country in line with the majority of African states. Activists fear the legislation could trigger increased discrimination and violence against LGBTQ individuals, while proponents view it as a measure to safeguard traditional values. With the country already facing insecurity and political instability, the law adds another layer of controversy to its transitional governance.

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Broader Implications for Africa

Burkina Faso’s decision highlights a widening rift between African nations and international human rights advocates. As more governments tighten restrictions on LGBTQ communities, debates over human rights, sovereignty, and international aid are likely to intensify. The move also signals the growing influence of conservative religious and cultural forces in shaping law and policy across the continent.

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