Burkina Faso’s transitional assembly has approved a reform of the Code of Persons and the Family on Tuesday, criminalizing same-sex relationships and imposing penalties of two to five years in prison and fines.
The bill awaits the signature of junta leader Captain Ibrahim Traoré, the final step before it becomes law, according to Reuters.
Justice Minister Edasso Rodrigue Bayala said the bill also allows for the expulsion of foreigners convicted of homosexual practices.
“The law provides for prison sentences of two to five years and fines,” Bayala said, according to BBC News. “And if the person who commits these homosexual practices is assimilated, even in strange behaviors that suggest so, they will appear before the judge.”
“In case of recidivism, if the person is not of Burkinabé nationality, they will be purely and simply expelled from the country,” Bayala told Reuters.
“Same-sex relationships are a strange behavior, and homosexuality is a bizarre behavior,” he said during a televised press conference.
This marks the first time Burkina Faso has criminalized homosexual acts. The reform also introduces penalties for promoting LGBTQ practices. Authorities said an awareness campaign would be launched to educate the public about the revised code, which officials framed as recognition of traditional marriage and family values.
The new law also addresses nationality issues. It increases the waiting period for foreigners acquiring Burkinabé nationality through marriage from five to seven years and limits legal recourse in such cases, Reuters reported. The legislation also recognizes religious and customary unions and sets the legal marriage age for both sexes at 18, requiring mutual consent.
Bill follows trend of anti-LGBTQ legislation across Africa
Burkina Faso’s move aligns with a regional trend toward anti-LGBTQ legislation. Mali passed a similar law in November 2024. According to BBC News, Burkina Faso became the 32nd African country to criminalize homosexuality, joining more than half of the continent’s 54 countries where same-sex relations are penalized. Same-sex relations had previously been legal in Burkina Faso.
Across Africa, penalties for same-sex relationships range from several years in prison to the death penalty. Life sentences are possible in Tanzania, Zambia, Sierra Leone, and The Gambia. In Nigeria, Kenya, and Malawi, prison terms can reach 14 years. Uganda introduced life imprisonment for consensual same-sex acts and made “aggravated homosexuality” a capital offense. Globally, 64 countries criminalized same-sex relations as of 2025, according to ILGA World.
Rights groups condemned the reform
“We are alarmed and deeply concerned about the criminalization of same-sex relationships. This only generates discrimination and violates the right to equality before the law,” said Marceau Sivieude, regional director for West and Central Africa at Amnesty International, according to Público.
Human Rights Watch urged Traoré to reconsider the bill. Anthony Oluoch, program director at Pan Africa ILGA, told Deutsche Welle: “Not only in Burkina Faso, but also in Mali recently, we have seen these laws being adopted. These patterns are occurring elsewhere on the continent. At a time when African movements are strengthening, becoming more visible and more connected, we can worry.”
The vote came nearly three years after the military seized power in a coup in September 2022. The junta installed a transitional parliament in December 2023 and adopted policies promoting independence from the West and African identity under Traoré’s leadership.
In August 2023, Burkina Faso’s media regulator banned TV broadcasts deemed to promote homosexuality. Rights groups warned that beyond legal penalties, the law could contribute to increased stigmatization and persecution of sexual minorities across the region.
Reuters contributed to this report.