LGBTQ rights in Burkina Faso

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LGBTQ rights in Burkina Faso
Burkina Faso (orthographic projection).svg
Burkina Faso
Legal status Legally ambiguous as of 2025 [1] [2]
Penalty2 to 5 years imprisonment with fines [3]
Gender identity No
Military No
Discrimination protections None
Family rights
Recognition of relationships No
Adoption No

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Burkina Faso face severe legal challenges not experienced by non-LGBTQ residents. Since 1 September 2025, same-sex sexual acts and the promotion of same-sex sexual acts have been criminalised with severe legal penalties, [4] [5] while the pre-existing bans against same-sex marriage or adoption rights obviously remain in force.

Contents

Laws regarding same-sex sexual acts

Prior to 2025, male and female types of same-sex sexual activity had always been legal in Burkina Faso, with an equal age of consent implemented in 1996. [6] In July 2024, the military junta, led by Ibrahim Traore, in power since the September 2022 Burkina Faso coup d'état, adopted an amended family code draft which would make consensual same-sex relations and the promotion of such a criminal offense. [7] [8] [9] [10]

Since 1 September 2025, the new criminal code has come into force banning any homosexual acts and promotion of homosexuality or "similar" behaviour (e.g. LGBTQ activities,) with up to 2 to 5 years in prison and a fine as punishment. It was also announced that foreign nationals who violated the law would be deported. [11] [12] [13] [14] The legislation was passed unanimously by the unelected 71-member transitional parliament. [15] [16] The legislation took effect immediately. [17]

Recognition of same-sex unions

The Constitution of Burkina Faso does not authorize same-sex marriage and defines marriage as a union between a man and a woman.

La famille est la cellule de base de la société. L'Etat lui doit protection. Le mariage est fondé sur le libre consentement de l'homme et de la femme. Toute discrimination fondée sur la race, la couleur, la religion, l'ethnie, la caste, l'origine sociale, la fortune est interdite en matière de mariage. Les enfants sont égaux en droits et en devoirs dans leurs relations familiales. Les parents ont le droit naturel et le devoir d'élever et d'éduquer leurs enfants. Ceux-ci leur doivent respect et assistance. [18]

Translated into English, the Constitution says:

The family is the basic cell of society. The State owes protection. Marriage is based on the free consent of man and woman. Any discrimination based on race, color, religion, ethnicity, caste, social origin, fortune is forbidden in marriage. Children are equal in rights and duties in family relationships. Parents have the natural right and duty to bring up and educate their children. They owe them respect and assistance.

Adoption and family planning

According to the U.S. Department of State, "Married, cohabiting, heterosexual couples who have been married for at least five years may adopt a child. Single applicants are almost never permitted to adopt children in Burkina Faso." [19]

Living conditions

The U.S. Department of State's 2011 Human Rights Report found that, [20]

The law does not discriminate on the basis of sexual orientation in employment and occupation, housing, statelessness, or access to education or health care. However, societal discrimination based on sexual orientation and gender identity remained a problem. Religious and traditional beliefs do not accept homosexuality, and lesbian, gay, bisexual, and transgender (LGBT) persons were reportedly occasional victims of verbal and physical abuse. There were no reports that the government responded to societal violence and discrimination against such persons. LGBTQ organizations had no legal presence in the country but existed unofficially. There were no reports of government or societal violence against such organizations.

HIV/AIDS

HIV/AIDS has a relatively low presence in Burkina Faso when compared to other African nations, with 0.80% of adults aged 15–49 infected by the virus. [21] However, HIV remains a threat to the approximately 94,000 people infected as an estimated 65% of adult citizens living with HIV in Burkina Faso have access to antiretroviral drugs. Furthermore, only 28% of children aged 0–14 have access to antiretroviral drugs, a number that trails many African nations. [22] Despite this, antiretroviral coverage has significantly improved in the country, as the estimated coverage for all ages was 32% in 2010.

Summary table

Same-sex sexual activity legal X mark.svg (Penalty: 2 to 5 years imprisonment and fines.)
Promotion/('Education?') of same-sex sexual activity legal X mark.svg (Penalty: 2 to 5 years imprisonment and fines.)
Equal age of consent (18) Yes check.svg (Since September, 2025)
Anti-discrimination laws in hate speech and violence Emblem-question.svg
Anti-discrimination laws in employment Emblem-question.svg
Anti-discrimination laws in the provision of goods and services Emblem-question.svg
Same-sex marriage X mark.svg
Recognition of same-sex couples Emblem-question.svg
Step-child adoption by same-sex couples X mark.svg
Joint adoption by same-sex couples X mark.svg
Gays and lesbians allowed to serve openly in the military Emblem-question.svg
Right to change legal gender Emblem-question.svg
Access to IVF for lesbians Emblem-question.svg
Commercial surrogacy for gay male couples X mark.svg
MSMs allowed to donate blood X mark.svg

See also

References

  1. ↑ "Burkina Faso/Adoption of the new Personal and Family Code". lefaso. 2 September 2025. Retrieved 2 September 2025.
  2. ↑ "Burkina Faso parliament passes law outlawing LGBTQ practices". Reuters. 2 September 2025. Retrieved 2 September 2025.
  3. ↑ "Burkina Faso parliament passes law outlawing LGBTQ practices". Reuters. 2 September 2025. Retrieved 2 September 2025.
  4. ↑ "Burkina Faso/Adoption of the new Personal and Family Code". lefaso. 2 September 2025. Retrieved 2 September 2025.
  5. ↑ "Burkina Faso's junta passes law banning homosexuality". France 24 . 2 September 2025. Retrieved 2 September 2025.
  6. ↑ "State Sponsored Homophobia 2016: A world survey of sexual orientation laws: criminalization, protection and recognition" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association . 17 May 2016. Retrieved 19 May 2016.
  7. ↑ "Burkina Faso/Adoption of the new Personal and Family Code". lefaso. 2 September 2025. Retrieved 2 September 2025.
  8. ↑ "Burkina Faso junta adopts draft law to criminalise homosexuality". The Straits Times . 11 July 2024. ISSN   0585-3923 . Retrieved 12 July 2024.
  9. ↑ "Burkina Faso junta adopts draft law to criminalise homosexuality". Reuters . 11 July 2024.
  10. ↑ "Burkina Faso : Vers un nouveau Code pénal réintroduisant la peine de mort". Seneweb.com (in French). 20 April 2025. Retrieved 20 April 2025.
  11. ↑ "Burkina Faso/Adoption of the new Personal and Family Code". lefaso. 2 September 2025. Retrieved 2 September 2025.
  12. ↑ "Burkina Faso's junta passes law banning homosexuality". France 24 . 2 September 2025. Retrieved 2 September 2025.
  13. ↑ "Burkina Faso's parliament votes to outlaw homosexual acts". BBC News . 2 September 2025. Retrieved 4 September 2025.
  14. ↑ "Burkina Faso Criminalizes Same-Sex Conduct". Human Rights Watch . 3 September 2025. Retrieved 4 September 2025.
  15. ↑ "Burkina Faso parliament passes law outlawing 'homosexual practices'". NBC News . 2 September 2025. Retrieved 4 September 2025.
  16. ↑ "Burkina Faso parliament passes law outlawing LGBTQ practices". CNN. 2 September 2025. Retrieved 4 September 2025.
  17. ↑ Bollinger, Alex. "Nation of Burkina Faso will start throwing gay people in jail". LGBTQ Nation. Retrieved 2 September 2025.
  18. ↑ "Article 23, Constitution du Burkina Faso". Archived from the original on 27 July 2010.
  19. ↑ "BURKINA FASO | Intercountry Adoption". Archived from the original on 17 February 2013.
  20. ↑ "2011 Country Reports on Human Rights Practices: Sudan, Bureau of Democracy, Human Rights and Labor, U.S. Department of State, p. 23" (PDF).
  21. ↑ "COUNTRY COMPARISON :: HIV/AIDS - ADULT PREVALENCE RATE". Cia World Factbook. Archived from the original on 13 June 2007.
  22. ↑ "Burkina Faso". UNAIDS.
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