Burkina Faso recriminalizes homosexuality

Lawmakers from Burkina Faso voted on Monday to replicate the same-sex agreement in the country.

According to the revised Person and Family Code, anyone convicted of gay people for two to five years in prison, or a fine of $3,600 to $17,800.

“The law provides for sentences of two to five years, as well as fines. If a person is a perpetrator of homosexuality or similar practices and perpetrator of strange behavior, they go before the judge.”

Last year, Bayara showed that new laws criminalize same-sex relationships. It is effectively enacted as all 71 lawmakers voted for the People and Family Code.

Marcoh Civiede, Amnesty International Regional Director, West and Central Africa, welcomes some provisions in the person and family code, including setting the minimum age for marriage at 18, establishing consent between the two parties as the basis of marriage, and eliminating gender discrimination in inheritance rights, but the move to criminalize same-sex relationships is surprising.

“We are amazed and deeply concerned about the criminalization of same-sex relationships among adults,” Civiede said. “This creates discrimination and violates equal rights before the law.”

Civiede also said Burkina Faso is currently in conflict with the African Charter on the Rights of Man and People and the international contract on civil and political rights ratified by the state.

“Everyone has a right to respect their personal and family life and enjoy that right without fear or discrimination,” Civiede said. “We ask President Ibrahim Traore to refer the code to the interim legislative assembly for amendments before it can be enacted to the law.”

LGBTQ activist Frank Malaba said the current government, which took power in the 2022 coup, is to divert the population from key issues.

“Burkina Faso is facing anxiety, poverty and displacement due to conflict with armed groups, but rather the government is now using queer people as scapegoats,” Malaba said. “Today are strange people. Tomorrow may be women’s rights, journalists, or opponents. The government that directs who you can love will not stop there.”

Malaba added that the code of person and family equates human identity with criminal behavior. It contradicts compassion, social cohesion and other African values.

“It’s dehumanization and this law justifies violence, intimidation and persecution of LGBTQ+ people,” Malaba said. “It has been repeatedly attacked by homophobic attacks, making people vulnerable to abuse from both the state and society. Celebrating the criminalization of homosexuality is not about defending morality, family, its blessing, oppression, or the denial of humanity in people. It is the true face of prejudice.”

Alex Muller, director of the LGBT Rights Program at Human Rights Watch, has classified the new law as a large set of LGBTQ rights.

“The code violates the rights of LGBT people,” Muller said. “President Traore should not sign the law on the person and family code. Instead, he should introduce it to Congress for revision. The revised code should respect the non-discrimination and privacy rights of everyone in Burkina Faso, regardless of sexual orientation and gender identity.”

“To date, Burkina Faso has not had laws criminalizing consensual same-sex relationships,” Mueller said. “Along with violating fundamental rights, such laws promote violence and abuse against LGBT people.”