Burkina Faso’s transitional assembly has enacted a controversial law that criminalises homosexuality, marking the first instance of such legislation in the nation. This decision, which received unanimous support from the 71 unelected members of the transitional legislative assembly on Monday, comes nearly three years after the military junta took control.
Under this new law, individuals found guilty of same-sex relations could face prison sentences ranging from two to five years, along with fines. Justice Minister Edasso Rodrigue Bayala announced on national television that foreign nationals convicted under this law would be expelled from the country.
Previously, Burkina Faso did not have specific laws targeting homosexuals, although LGBT+ communities have had to live discreetly for a long time.
This measure is part of a wider reform of the “Code of Persons and Families,” which also tightens regulations for obtaining Burkinabè nationality through marriage and provides legal recognition for religious and customary unions. The legislation is anticipated to be signed into law by junta leader Captain Ibrahim Traoré, who came to power in a coup in September 2022.
Traoré has adopted a strongly sovereigntist approach, frequently dismissing what he refers to as Western “values” and aligning more closely with allies like Russia and Iran. Authorities claim that the new code will be implemented through a public awareness campaign.
In August 2023, Burkina Faso’s media regulator prohibited television stations from airing content considered to promote homosexuality.
The legislation passed on Monday reinforces this increasingly rigid stance. Neighboring Mali, also under military rule, enacted a similar law in November 2024.
Burkina Faso now joins over 30 African countries where same-sex relations are illegal. In nations like Tanzania, Zambia, Sierra Leone, and The Gambia, prison sentences can even reach life imprisonment.In Nigeria, Kenya, and Malawi, those convicted may face up to 14 years in prison.
The Atheists In Kenya Society condemns this move. Discrimination against LGBTQ people undermines the human rights principles outlined in the Universal Declaration of Human Rights.
It’s a shame that homophobia, biphobia, transphobia, and discrimination against intersex individuals are still so ingrained in many African cultures.
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