On September 1, the Transitional Legislative Assembly of Burkina Faso approved a law that makes consensual same-sex relationships a criminal offense, representing a major regression for the rights of lesbian, gay, bisexual, and transgender (LGBT) people. According to this new legislation, individuals found guilty of homosexuality could be sentenced to five years in prison and face fines.

This law infringes upon the rights of LGBT individuals to non-discrimination and privacy. It was passed amid a contracting civic and political environment and a significant crackdown by the military junta on political opposition, media outlets, and peaceful protest.

Previously, Burkina Faso had no legislation criminalizing consensual same-sex relations. Unlike many of its African counterparts, Burkina Faso did not inherit a colonial penal code that prohibited acts defined as sodomy.

Integrated into the wider Code of Persons and the Family, the criminalization measure was adopted unanimously by the 71 members of the Assembly. The law is designed to penalize “behaviors […] of a nature to promote homosexual practices and similar practices” with prison terms and fines.

Edasso Rodrigue Bayala, the Minister of Justice and Human Rights of Burkina Faso, described the new law as a “response to the deep aspirations of our society,” reflecting a “respect for cultural values.”

The junta’s move to criminalize consensual same-sex relationships is in breach of its duties under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. 

Recent rulings in other African nations such as Botswana, Mauritius, and Namibia have upheld that laws criminalizing homosexual behavior violate the rights to privacy and non-discrimination of LGBT people.

In addition to violating fundamental rights, these laws foster an environment of violence and abuse against LGBT individuals. In 2014, the African Commission on Human and Peoples’ Rights (ACHPR) called on African Union member states to “put an end to acts of violation and abuse” targeting people due to their sexual orientation or gender identity.

Ibrahim Traoré, the president of Burkina Faso’s junta, should refuse to sign the Code of Persons and the Family. He ought to return it to the Assembly for revision. The amended code must safeguard the rights to non-discrimination and privacy for every person in Burkina Faso, irrespective of their sexual orientation and gender identity.