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LGBTQ rights in Burkina Faso

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LGBTQ rights in Burkina Faso
Burkina Faso (orthographic projection).svg
Burkina Faso
Legal status Illegal since 2025 [1] [2]
Penalty2 to 5 years imprisonment; fine [2]
Gender identity 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, [1] [3] while the pre-existing bans against same-sex marriage or adoption rights 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. [4] In July 2024, the military junta, led by Ibrahim Traoré, 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. [1] [5] [6] [7]

Since 1 September 2025, the new criminal code has come into force banning any homosexual acts and promotion of homosexuality or "similar" behaviour (i.e. LGBTQ activities) with 2 to 5 years in prison and a fine as punishment. Foreign nationals who violated the law would be deported. [1] [3] [8] [9] The legislation was passed unanimously by the unelected 71-member transitional parliament. [10] [11] The legislation took effect immediately. [12]

As of 28 September 2025, no arrests had been reported under the new anti-LGBTQ law in Burkina Faso; coverage from France 24–Agence France-Presse (AFP) on 22 September 2025, described fears of a "witch hunt" and increased self-censorship within the LGBTQ community but did not mention any detentions. [13]

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. Article 23 states: [14]

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.

[The family is the basic unit of society. The State owes it protection. Marriage is based on the free consent of both the man and the woman. All discrimination based on race, colour, religion, ethnicity, caste, social origin, or wealth is prohibited in matters of marriage. Children are equal in rights and responsibilities within their family relationships. Parents have the natural right and the duty to raise and educate their children. Children owe them respect and support.]

— Constitution of Burkina Faso (1991)

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." [15]

Living conditions

The U.S. Department of State's 2011 Human Rights Report found that, [16]

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. [17] While the infection rate is low, HIV remains a serious threat in Burkina Faso due to inadequate access to antiretroviral drugs: Only 65% of the estimated 94,000 adults living with HIV have access to such drugs; while only 28% of children aged 0–14 have access. These access rates trail many other African nations. [18] Despite this, antiretroviral coverage has significantly improved in the country; 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; fine.)
Freedom of expression, freedom from censorship X mark.svg ("Promotion" of same-sex sexual activity illegal)
Equal age of consent (18) X mark.svg (Since September 2025)
Anti-discrimination laws in hate speech and violence X mark.svg [19]
Anti-discrimination laws in employment X mark.svg [19]
Anti-discrimination laws in the provision of goods and services X mark.svg [19]
Same-sex marriage X mark.svg
Recognition of same-sex couples X mark.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 [19] : s. 17B 
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. 1 2 3 4 "Adoption du nouveau code des personnes et de la famille: Pénalisation de l'homosexualité, prise en compte du mariage coutumier et religieux, voici les principales innovations" [Adoption of the new Personal and Family Code: Criminalisation of homosexuality, recognition of customary and religious marriage – these are the main changes]. Burkina Faso. Lefaso.net (in French). 2 September 2025.
  2. 1 2 Ayen Deng Bior (2 September 2025). "Burkina Faso parliament passes law outlawing LGBTQ practices". Reuters. Editing by Mark Heinrich.
  3. 1 2 "Burkina Faso's junta passes law banning homosexuality". France 24 . Agence France-Presse (AFP). 2 September 2025.
  4. ↑ State Sponsored Homophobia 2016: A world survey of sexual orientation laws: criminalization, protection and recognition (PDF) (Report). International Lesbian, Gay, Bisexual, Trans and Intersex Association. 17 May 2016. Retrieved 19 May 2016.
  5. ↑ "Burkina Faso junta adopts draft law to criminalise homosexuality". The Straits Times . 11 July 2024. ISSN   0585-3923 . Retrieved 12 July 2024.
  6. ↑ "Burkina Faso junta adopts draft law to criminalise homosexuality". Reuters . 11 July 2024.
  7. ↑ "Burkina Faso : Vers un nouveau Code pénal réintroduisant la peine de mort". Seneweb.com (in French). 20 April 2025. Retrieved 20 April 2025.
  8. ↑ "Burkina Faso's parliament votes to outlaw homosexual acts". BBC News . 2 September 2025. Retrieved 4 September 2025.
  9. ↑ "Burkina Faso Criminalizes Same-Sex Conduct". Human Rights Watch . 3 September 2025. Retrieved 4 September 2025.
  10. ↑ "Burkina Faso parliament passes law outlawing 'homosexual practices'". NBC News . 2 September 2025. Retrieved 4 September 2025.
  11. ↑ "Burkina Faso parliament passes law outlawing LGBTQ practices". CNN . 2 September 2025. Retrieved 4 September 2025.
  12. ↑ Bollinger, Alex. "Nation of Burkina Faso will start throwing gay people in jail". LGBTQ Nation . Retrieved 2 September 2025.
  13. ↑ de Perthuis, Lucie (22 September 2025). "Burkina's LGBTQ community fears 'witch hunt' after anti-gay law". France 24. AFP. Retrieved 28 September 2025.
  14. ↑ "Article 23, Constitution du Burkina Faso". Archived from the original on 27 July 2010.
  15. ↑ BURKINA FASO | Intercountry Adoption (Report). U.S. Department of State. Archived from the original on 17 February 2013.
  16. ↑ Bureau of Democracy, Human Rights and Labor. 2011 Country Reports on Human Rights Practices: Burkina Faso (PDF) (Report). U.S. Department of State. p. 23.
  17. ↑ "COUNTRY COMPARISON: HIV/AIDS – ADULT PREVALENCE RATE". CIA World Factbook. Archived from the original on 13 June 2007.
  18. ↑ "Burkina Faso". UNAIDS. 31 December 2016.
  19. 1 2 3 4 "Jurisdictions: Burkina Faso". ILGA World Database. International Lesbian, Gay, Bisexual, Trans and Intersex Association. Retrieved 20 February 2026.


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