Burkina Faso Issues First Conviction Under New Anti-Homosexuality Law,

In a landmark and concerning development, Burkina Faso's government has handed down the nation's first conviction under its newly enacted law criminalizing consensual same-sex relations between adults. The individual, whose identity has not been publicly disclosed, was sentenced to a prison term and a fine equivalent to approximately U.S. $3,572, with an order for expulsion from the country following completion of the sentence. The charges stem from "homosexuality and related practices" under Article 210-3 of Law No. 012-2025/ALT.

This conviction comes three months after the law's enactment on September 25, 2025, when interim President Captain Ibrahim Traoré signed the amended Persons and Family Code into effect. The Transitional Legislative Assembly had unanimously passed the code on September 1, 2025, with all 71 unelected members approving provisions that impose two to five years in prison and fines ranging from 2 million to 10 million XOF for "homosexual acts or similar practices" as well as "behavior likely to promote homosexual practices and similar practices."

Burkina Faso's Justice and Human Rights Minister, Edasso Rodrigue Bayala, defended the legislation, stating it responds to "the deep aspirations of our society" and demonstrates "respect for cultural values." He emphasized that perpetrators, including foreign nationals who face deportation, would be brought before judges.

Prior to 2025, Burkina Faso did not explicitly criminalize consensual same-sex activity since gaining independence from France in 1960, though existing penal code provisions had been used to target LGBTQ+ individuals. The push for criminalization began in 2023 with national consultations under the military government, which recommended prohibiting "the practice of homosexuality" and "promotion of LGBT+" based on claims that it conflicted with Burkinabè morals and religious convictions. By July 2024, the Council of Ministers approved a draft bill including these measures.

The military junta, in power since coups in 2022, operates through an unelected Transitional Legislative Assembly amid ongoing security challenges. This law aligns with trends in the Alliance of Sahelian States , as neighboring Mali's new Criminal Code, adopted in October 2024 and signed December 13, 2024, defines consensual same-sex relations as "unnatural acts" punishable by two years in prison and fines.

Elsewhere in Africa, nations like Uganda have imposed even harsher penalties, including life imprisonment for consensual same-sex relations and capital punishment for "aggravated homosexuality." However, progressive rulings in Botswana, Mauritius, and Namibia have struck down similar laws as violations of privacy and non-discrimination rights.

Human rights advocates have swiftly condemned the conviction and underlying law. Human Rights Watch described it as a "major setback for the rights of lesbian, gay, bisexual, and transgender people," arguing it breaches Burkina Faso's obligations under the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights.

Amnesty International's Regional Director for West and Central Africa, Marceau Sivieude, expressed alarm, stating the criminalization "creates discrimination and violates the right to equality before the law." While welcoming positive aspects of the Persons and Family Code—such as setting the minimum marriage age at 18 and eliminating gender discrimination in inheritance—Sivieude urged President Traoré to revise and refer it back to the assembly.

The Human Dignity Trust noted the law's broad language could lead to unpredictable enforcement against LGBTQ+ people, exacerbating reports of discrimination and violence. Rights groups warn the first conviction will entrench state-sponsored repression, endangering lives in a context of prior arrests, such as a 2024 case where a person was charged for cross-dressing but later acquitted with a judicial admonition to cease "homosexual practices."

LGBTQ+ advocates emphasize that such laws foster stigma and violence, calling for international pressure to protect the rights of all people regardless of sexual orientation or gender identity. The conviction underscores the urgent need for global solidarity with Burkina Faso's LGBTQ+ community amid rising authoritarian measures.