Burkina Faso's New Law Criminalizes Homosexuality, Violating Human Rights

Strategic Insights -

A major setback for lesbian, gay, bisexual, and transgender (LGBT) people in Burkina Faso, the Transitional Legislative Assembly has passed a law making consensual same-sex relations a criminal offense. The law, enacted as part of the broader Persons and Family Code, carries prison sentences of two to five years and fines for those found guilty. This move comes amidst a shrinking civic and political space and a major crackdown by the military junta on the opposition, media, and peaceful dissent.

Key Takeaways:

  • The law, passed unanimously by the assembly's 71 members, makes consensual same-sex relations a criminal offense, punishable by two to five years in prison and fines.
  • This decision contravenes Burkina Faso's obligations under the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights.
  • Recent judgments in African countries like Botswana, Mauritius, and Namibia have confirmed that laws that criminalize same-sex conduct violate the privacy and non-discrimination rights of LGBT people.
  • The new law fosters violence and abuses against LGBT people, contrary to the African Commission on Human and Peoples' Rights' 2014 call on African Union member states to end such acts of violence and abuse.
  • Human Rights Watch urges Burkina Faso's junta president, Ibrahim Traore, not to sign the law and instead refer it back to the assembly for revision, ensuring the rights of non-discrimination and privacy for all, regardless of sexual orientation and gender identity.

Statistics:

  • 71 members of the Transitional Legislative Assembly voted unanimously in favor of the law.
  • 2-5 years is the prison sentence for those found guilty of homosexuality under the new law.
  • The law also includes fines for those found guilty of promoting or engaging in homosexual practices.

Sources:

Source 1 - Human Rights Watch.