By Kennedy Nalyanya
OUAGADOUGOU, BURKINA FASO – On September 1, 2025, Burkina Faso’s transitional legislative assembly unanimously passed a new law that criminalizes consensual same-sex relations. The legislation, which was approved by all 71 unelected members of the assembly, is a component of a larger reform of the nation's family and citizenship laws.
This new law explicitly makes consensual same-sex relations a criminal offense. Those found guilty could face a prison sentence of two to five years and be subject to fines. Additionally, the law stipulates that foreign nationals who are repeat offenders will face deportation.
The approval of this law marks a significant change in the country's legal landscape. Prior to this legislation, same-sex relations were not explicitly criminalized in Burkina Faso. However, in July 2024, a draft version of the law had been approved by the military government, signalling their intention to enact such a measure. The new law now officially codifies this change.
This move by Burkina Faso's junta-led government is part of a broader trend in some African nations, where new legislation targeting the LGBTQ+ community has been introduced or strengthened. In 2023, Uganda enacted a new law with severe penalties for "aggravated homosexuality," including the death penalty, though it is not clear if this has been enforced. The law also includes long prison sentences for consensual same-sex relations and for the "promotion" of homosexuality.
In Ghana, the parliament approved a bill in February 2024 that would criminalize same-sex conduct and the promotion of LGBTQ+ activities, with potential prison terms. The bill is currently awaiting a decision from the president on whether it will be signed into law. Similarly, Mali’s Transitional National Council passed a law in October 2024 that criminalizes homosexuality and its promotion, a move that has reportedly led to a rise in abuse against individuals perceived to be part of the LGBTQ+ community.
These legislative actions stand in contrast to a few other African nations that have recently moved toward decriminalization. In recent years, countries like Angola, Botswana, Mauritius, and Namibia have decriminalized same-sex relations or had colonial-era laws struck down by their courts. However, as of September 2025, homosexuality remains illegal in more than half of Africa's 54 recognized states. The new law in Burkina Faso underscores the ongoing debate and differing legal paths being taken across the continent regarding LGBTQ+ rights.
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