Burkina Faso’s Transitional Legislative Assembly unanimously adopted a new Personal and Family Code criminalizing same-sex relations, imposing prison terms of two to five years, fines ranging from 2 to 10 million CFA francs, and expulsion for foreigners.
Presented by the junta as a defense of “traditional values,” the law highlights stark contradictions within a regime that claims to champion revolutionary ideals.
The country, led by Captain Ibrahim Traoré, portrays itself as a laboratory for African sovereignty and a break from Western influence, drawing inspiration from the revolutionary legacy of Thomas Sankara.
Yet, the new legislation marks a stark return to colonial-era moral frameworks
Justice Minister Edasso Rodrigue Bayala announced that the law, part of a broader overhaul of family and personal statutes, also strengthens restrictions on nationality acquisition through marriage and enforces recognition of religious and customary unions.
“This law reproduces a colonial legacy under the guise of African authenticity,” said activist Fabrice Nguena.
He notes that homophobic legislation across Africa largely originates from European colonial rule, not precolonial customs.
In Burkina Faso, homosexuality had never been explicitly criminalized prior to this law, reflecting a tradition of personal privacy and tolerance.
Historians underline that similar laws in other former colonies were inspired by colonial penal codes, particularly from France and Britain, and often reinforced by imported religious doctrine.
Despite the repressive measures against LGBTQ+ citizens, the same code introduces progressive reforms: raising the legal marriage age to 18, addressing gender discrimination in inheritance, and formally recognizing religious and customary marriages.
Critics argue this selective progress illustrates the influence of conservative and religious forces exploiting anti-Western rhetoric to justify retrograde policies.
Amnesty International condemned the law, stating it “violates the right to equality before the law” and contradicts Burkina Faso’s international treaty obligations.
Observers warn that the legislation risks increased discrimination, arbitrary prosecutions, and a rollback of civil liberties.
Regional parallels are emerging. Mali, a close ally in the Sahel Alliance, passed a similar law in November 2024, signaling a coordinated political strategy of using anti-LGBTQ+ measures as markers of anti-Western identity.
Meanwhile, countries such as Angola, Botswana, South Africa, and Mozambique demonstrate that decriminalizing homosexuality can be an authentically decolonial act, freeing societies from colonial moral impositions.
By criminalizing same-sex relations, Burkina Faso misses a historic opportunity to enact a truly emancipatory revolution, instead perpetuating oppression under the banner of transformative ideals.
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