Burkina Faso recriminalizes homosexuality

Lawmakers in Burkina Faso on Monday voted to recriminalize consensual same-sex sexual relations in the country.

According to the amended Persons and Family Code, anyone convicted of engaging in homosexuality faces between two and five years in prison or a fine of between $3,600-$17,800.

“The law provides for a prison sentence of between two and five years as well as fines. If a person is a perpetrator of homosexuality or similar practices, as well as bizarre behavior, they will go before a judge,” said Justice Minister Edasso Rodrigue Bayala on national broadcaster RTB.

Bayala last year indicated a new law would criminalize same-sex relations. Since all 71 MPs voted for the Persons and Family Code, it has virtually come into effect.

Amnesty International Regional Director for West and Central Africa Marceau Sivieude said although they welcome some provisions of the Persons and Family Code — such as setting the minimum age for marriage at 18, establishing consent between two parties as the basis of marriage, and eliminating gender discrimination in inheritance rights — the move to criminalize same-sex relations is alarming.

“We are alarmed and deeply concerned by the criminalization of same-sex relations between adults,” said Sivieude. “This does nothing but create discrimination and violates the right to equality before the law.”

Sivieude also said Burkina Faso is now at odds with the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights that the country ratified.

“Everybody is entitled to respect for their private and family life and to enjoy that right without fear and discrimination,” said Sivieude. “We call on President Ibrahim Traoré to refer the code back to the Transitional Legislative Assembly for a revision before enacting it into law.”

Frank Malaba, an LGBTQ activist, said the current government that took power in a 2022 coup is distracting the population from important issues.

“Burkina Faso is facing insecurity, poverty, and displacement due to conflict with armed groups, rather the government is now using queer people as a scapegoat,” said Malaba. “Today it’s queer people, tomorrow it could be women’s rights, journalists, or dissenters. A government that dictates whom you can love will not stop there.”

Malaba added the Persons and Family Code equates human identity to criminal activity; noting it contradicts compassion, social cohesion and other African values.

“It’s dehumanizing, this law legitimizes violence, blackmail, and persecution of LGBTQ+ people,” said Malaba. “It emboldens homophobic attacks, leaving people vulnerable to abuse from both state and society. Celebrating the criminalization of homosexuality is not defending morals or family, its celebrating hate, oppression, and the denial of people’s humanity. That is the true face of bigotry.”

Alex Müller, director of the LGBT Rights Program at Human Rights Watch, categorized the new law as a major setback for LGBTQ rights.

“The code violates LGBT people’s rights,” said Müller. “President Traoré shouldn’t sign the Persons and Family Code into law. Instead, he should refer it back to the Assembly for revision. The revised Code needs to respect the rights of non-discrimination and privacy of everyone in Burkina Faso regardless of their sexual orientation and gender identity.”

“Until now, Burkina Faso has never had a law criminalizing consensual same-sex relations,” noted Müller. “Beyond violating basic rights, such laws foster violence and abuses against LGBT people.”