Human Rights Law | Africa | Society

Introduction: Law at the Expense of Rights

On September 1, 2025, Burkina Faso’s ruling military junta passed a law criminalizing consensual same-sex conduct, marking a dramatic shift in a country that—until now—did not formally outlaw homosexuality. Framed as part of a broader reform of the family code, the law was passed unanimously by the transitional parliament and includes penalties of two to five years imprisonment, alongside significant fines. Justice Minister Edasso Rodrigue Bayala justified the legislation as a defense of “traditional values,” calling same-sex relations a form of “bizarre behavior.”

This move is emblematic of a growing trend across parts of Africa, where governments—often under authoritarian or transitional regimes—use legal systems to entrench conservative social norms, consolidate power, and deflect from governance failures. The legal implications of this development are significant, not only for Burkina Faso’s domestic rule of law, but for regional human rights obligations, international treaty commitments, and the politicization of identity through law.

Legal Structure of the Ban

The amendment to Burkina Faso’s Code des Personnes et de la Famille redefines lawful sexual conduct by explicitly prohibiting same-sex relationships. The law:

• Criminalizes any consensual same-sex acts between adults.
• Provides for prison sentences between 2 to 5 years, and fines up to 5 million CFA francs (~$8,000 USD).
• Includes provisions that allow for the deportation of foreign nationals convicted under the law.

Although the text does not use the word “homosexuality,” it references acts “against nature” or “contrary to traditional family values,” a legal euphemism used in other African jurisdictions to justify anti-LGBTQ enforcement.

A Break from Legal Precedent

Historically, Burkina Faso did not criminalize same-sex relations, distinguishing it from many of its West African neighbors that inherited British or French colonial penal codes with explicit anti-sodomy provisions. While LGBTQ+ people in Burkina Faso have long faced societal stigma and informal discrimination, the absence of criminal sanctions provided a minimal legal shield.

This new law reverses that trajectory, placing Burkina Faso among a growing list of countries in the region expanding legal persecution of sexual minorities.

International Legal Concerns

Burkina Faso is a signatory to several key international human rights treaties, including:

• The International Covenant on Civil and Political Rights (ICCPR),
• The African Charter on Human and Peoples’ Rights, and
• The Universal Declaration of Human Rights (via UN membership).

These instruments guarantee rights to privacy, non-discrimination, and equality before the law. The African Commission on Human and Peoples’ Rights has previously held that criminalizing homosexuality violates Article 2 (non-discrimination) and Article 3 (equality) of the Charter.

In this context, Burkina Faso’s new law represents a clear breach of its international obligations, exposing it to censure from regional bodies and potential litigation through mechanisms like the ECOWAS Court of Justice or the African Court on Human and Peoples’ Rights—assuming political will exists to pursue such action.

Legal Instrumentalization Under Military Rule

Since Captain Ibrahim Traoré’s 2022 coup, Burkina Faso has operated under a military-led transitional government. While ostensibly committed to restoring constitutional order, the regime has increasingly used lawmaking to consolidate control, including:

• Enacting mandatory conscription for dissenters and journalists,
• Expanding state surveillance powers, and
• Curtailing the freedom of assembly and press.

This latest law fits within a broader pattern: using legal institutions not to promote justice or good governance, but to impose ideological conformity and distract from security and economic crises plaguing the country.

By framing anti-LGBTQ laws as protecting “cultural integrity,” the junta mobilizes populist support while further isolating marginalized groups.

Regional and Continental Implications

Burkina Faso’s move is part of a wider legal regression across the continent. In the past two years:

• Uganda passed the Anti-Homosexuality Act 2023, which includes the death penalty for “aggravated homosexuality.”
• Ghana’s parliament has advanced similar legislation with broad criminal penalties.
• Senegal, Nigeria, and Tanzania have all intensified anti-LGBTQ enforcement.

This trend is not only a backlash against perceived “Western values” but also a response to domestic political instability, where leaders seek to deflect attention from corruption, insecurity, and poor governance by weaponizing cultural rhetoric.

Importantly, this raises questions for regional legal harmonization, especially under bodies like the African Union, which has long struggled to balance state sovereignty with continental human rights standards.

Conclusion: Rule of Law or Rule by Law?

The criminalization of homosexuality in Burkina Faso highlights a dangerous transformation: law as a tool of power, rather than a protector of rights. This shift undermines not only the dignity and safety of LGBTQ+ citizens but also the credibility of legal institutions under transitional governance.

Legal professionals, human rights advocates, and policymakers must confront this trend not just as a matter of human rights—but as a threat to legal integrity itself. When law is used to criminalize identity, it ceases to be a neutral arbiter of justice and becomes a political weapon.

The challenge now is not only to defend the rights of LGBTQ+ people in Burkina Faso, but to reassert the principle that law must serve justice—not ideology.