Burkina Faso

Consensual same-sex sexual activity between men and between women is prohibited by Article 210-3 of the 2025 amended Persons and Family Code of Burkina Faso. This provision criminalises “homosexual acts or similar practices” as well as “behaviour likely to promote homosexual and similar practices”, with imprisonment between two and five years and a fine between two and ten million francs. Repeat offenders face double penalties, and foreign nationals may be expelled.  

Article 210-3 explicitly criminalises both same-sex acts and their promotion. Given the broad drafting of the provisions and the current military regime, it remains unclear how these provisions will be enforced against the LGBT community.  

Burkina Faso gained independence from France in 1960, at which stage it did not expressly criminalise consensual same-sex sexual activity, although several provisions of its Penal Code have been used previously to target LGBT persons. The criminalisation process was initiated in 2024, following national consultations organised the previous year by the military government.  

There have also been consistent reports of discrimination and violence being committed against LGBT Burkinabè in recent years.  

2025 

On 1 September 2025, the unelected transitional legislative assembly of Burkina Faso adopted an amended Persons and Family Code by unanimous vote. Its Article 210-3 expressly criminalises  “homosexual acts or similar practices” as well as “behaviour likely to promote homosexual and similar practices”. 

In introducing the 2025 Code to the press and public immediately after it was adopted, the Justice Minister characterised “the prohibition of homosexual and related practices” as “the major innovation” of the Code. He added that the perpetrators of such acts would be made to appear before a judge, and that those who are foreign nationals “will get taken purely and simply to the border”. 

The new law was signed by Burkinabè interim President Captain Ibrahim Traoré on 25 September 2025. 

2024 

On 10 July, it was reported that the Council of Ministers had approved a draft bill for a new Persons and Family Code which would include “the criminalisation of homosexuality and associated acts and practices”. It was also reported that the draft would penalise the promotion of homosexuality.  

2023 

On 22 September, a report was published which set out recommendations for constitutional reform in Burkina Faso, based on a consultation process that had taken place between the current military government and local leaders. This report included recommendations for the criminalisation of the “practice of homosexuality” and the “promotion of LGBT+”. The report justified this recommendation by stating that “homosexuality is not a practice corresponding to the morals and religious convictions of Burkinabe society.” 

The report was submitted to the Head of Government the following month.  

2015 

An unsuccessful attempt to formally criminalise same-sex sexual activity was reportedly made in February, when the small National Rebirth Party submitted a bill seeking the “prohibition and repression of bestiality, pedophilia, homosexuality and same-sex marriage”.  

2025 

It was reported that a homosexual cross-dresser had been arrested and charged with indecent assault for having been apprehended in feminine clothing. He was eventually acquitted around January 2025 on the basis that the offence had not been made out, but the accused was advised by the Tribunal to “stop his practice” on the basis that “the practice of homosexuality is not accepted and he might one day face public anger”. The Tribunal also noted that a law criminalising homosexuality was in the course of adoption by the transitional legislature. 

2023 

It was reported that Articles 533-1 and 533-2 of the Penal Code 2018, which criminalise acts contrary to public morality and indecent assault, respectively, have been used to target LGBT persons, as have provisions relating to identity fraud.  

2021 

According to a Prison Insider interview with an activist offering legal support to arrested LGBT persons, LGBT individuals are often arrested despite the lack of formal criminalisation of same-sex sexual activity, due to stigmatisation and discrimination. They are often forced to pay bribes to avoid mistreatment and harassment in custody.  

In November, a Burkinabè human rights defender reportedly recounted that a 17-year-old “cross-dresser” had been arrested for “identity theft” on account of gender expression and was sexually assaulted while in custody.  

2015 

Reports indicate that arbitrary arrests of LGBT persons were relatively rare in 2015.  

2025 

In February 2025, the UK’s Foreign, Commonwealth & Development Office updated its guidance on LGBT travel to Burkina Faso, noting the government’s plans to criminalise same-sex sexual activity and an ensuing increase in the risk of violence and threats for LGBT persons and their perceived supporters.   

2024 

On 24 August, the Superior Council of Communication prohibited broadcasting by television channels “which promoted homosexuality”, saying that homosexuality was due to “the resurgence of audiovisual programmes accessible to minors which depict or promote homosexuality” which are inappropriate for “their age, our values and our morals”.  

On 22 August, Prime Minister Dr Joachim Apollinaire Kyelem de Tambèla stated, during a working session of the National Council for the Modernisation of Public Administration and Good Governance (CN-MABG): “In many Western countries, homosexuality is legal, but they condemn polygamy. Is this freedom? Between polygamy and homosexuality, which has more human value? Polygamy has always existed in history.” 

2023 

A Human Rights Report by the US Department of State noted that the transitional authorities continued to incite anti-LGBT harassment, including potentially funding a youth coalition which held a rally in August to demonstrate against homosexuality. It was further reported that LGBT rights advocacy groups often advised LGBT persons to conceal their sexual orientation or gender identity to protect themselves from violence. Reports of violence against LGBT persons were said not to be taken seriously by law enforcement.  

It was recounted that mob violence against LGBT persons has been reported multiple times since 2012.   

It was reported to the Human Rights Council that LGBT persons are excluded from employment when “outed” and denied healthcare access. Furthermore, LGBT persons were said to experience violence and abuse in family and community settings, including FGM, rape and sequestration.  

2022 

Recent reports suggest that the situation for LGBT persons has worsened since 2022, with the new transitional authorities sponsoring homophobic messaging and harassment.  

2015 

NGOs reported discrimination, hostility and violence against LGBT persons.  

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