Another African state bans homosexuality

Behaviors promoting same-sex practices are now punishable with up to five years in prison in Burkina Faso

Burkina Faso’s lawmakers have passed a law on marriage and family values, effectively banning homosexuality in the West African state. Offenders now face punishments that include prison and fines.

The new Persons and Family Code (CPF) was unanimously adopted by the Transitional Legislative Assembly on Monday in a vote aired on state TV, RTB.

The CPF defines “behavior likely to promote homosexual practices and similar practices” as punishable by two to five years in prison and fines reportedly ranging from two million XOF (about $3,200) to ten million XOF (about $16,000).

Justice Minister Edasso Rodrigue Bayala described homosexual acts as “bizarre behavior” and confirmed that the legislation had taken immediate effect. The measure reflects “respect for cultural values and the desire to build a fairer and more united Burkinabe family.”

The code also sets the minimum marriage age at 18 for both sexes and introduces rules ending gender discrimination in inheritance.

The move adds Burkina Faso to a growing list of African governments prohibiting same-sex relations. Uganda drew Western condemnation after passing an anti-LGBTQ law in May 2023, imposing the death penalty for some same-sex acts and 20 years for promoting homosexuality. The US responded with sanctions, expelling Uganda from a key duty-free trade program, while the World Bank froze new loans.

In July 2023, and despite Western criticism, Ghana’s parliament unanimously passed amendments to its law on Promotion of Proper Sexual Human Rights and Family Values, criminalizing advocacy, funding, or promotion of same-sex relationships and imposing tougher sentences for homosexual acts. Nigeria, Sudan, and Mauritania also retain the death penalty for same-sex relations.

On Tuesday, Marceau Sivieude, Amnesty International’s Regional Director for West and Central Africa, praised Burkina Faso’s government for guaranteeing protection of children from “early and forced marriage” under the new legislations.

Sivieude, however, criticized the Sahel state for criminalizing same-sex relations between “adults,” saying it “violates the right to equality” and is inconsistent with laws ratified by the Sahel state. He has urged Burkina Faso’s interim President, Ibrahim Traore, to return the code to parliament for revision before signing it into law.

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