Burkina Faso has officially enacted a controversial law criminalizing homosexuality, introducing prison sentences of two to five years and financial penalties.
The legislation, passed by the Transitional Legislative Assembly on September 1, 2025, amends the Personal and Family Code and takes immediate effect.
The new provisions were adopted as part of a broader reform aimed at redefining the country’s legal framework on civil and family matters, including marriage, inheritance, and now same-sex relationships.
Lawmakers argue that the amendment seeks to “reorganize the legal framework to clarify aspects of social life,” but human rights advocates warn it could heighten discrimination and marginalization.
This legislative development follows a series of measures introduced over the past two years. In August 2023, the High Council for Communication restricted the dissemination of content considered linked to homosexuality, particularly material targeting young audiences. A draft reform of the code was approved in July 2024 and subsequently submitted to the Assembly for review, culminating in the September 2025 vote.
Supporters of the law say it aligns Burkina Faso with other West African nations that have adopted similar legislation. Critics, however, argue that such measures deepen legal and social divides between African states and regions that have moved toward protecting LGBTQ+ rights.
The law’s implementation will have immediate consequences for the judicial system. Courts, judges, and law enforcement agencies are now required to apply the newly adopted provisions in current and future cases, reshaping how homosexuality is treated legally across the country.
Observers say the reform may also influence regional legal trends, as West Africa continues to witness a proliferation of comparable laws that contrast sharply with evolving frameworks in other parts of the world.
The legislation comes into force amid ongoing debates about personal freedoms, cultural identity, and international human rights obligations. For many, it represents a defining moment in Burkina Faso’s evolving socio-legal landscape.
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