First Conviction Under New Statute
Burkina Faso has recorded its first known conviction for homosexuality since the enactment of a new law criminalizing same-sex relations earlier this year. An individual, identified as K.M., was sentenced to 24 months' imprisonment, a fine of 2,000,000 CFA francs (approximately $3,581 USD), and ordered to be expelled from the country upon completion of the sentence. The charges against K.M. were officially stated as 'homosexuality and related practices' under Article 210-3 of Law No. 012-2025/ALT. This conviction marks the initial enforcement of the 2025 criminalization statute, as confirmed by the African Human Rights Coalition (AHRC) and the Burkina Faso Ministry of Justice.
Enactment of the Anti-Homosexuality Law
The legal framework enabling this conviction was established in September 2025 when Burkina Faso's military junta voted to ban consensual same-sex sexual relations. The Transitional Legislative Assembly unanimously passed the law on September 1, 2025, as part of a new Persons and Family Code. Interim President Captain Ibrahim Traoré subsequently signed the law on September 25, 2025. The legislation stipulates penalties ranging from two to five years in prison and fines between 2 million and 10 million CFA francs (approximately $3,000 to $15,000 EUR). For foreign nationals, a conviction also carries the penalty of imprisonment followed by expulsion from the country.
Context and International Reaction
Prior to 2025, same-sex sexual activity was not explicitly outlawed in Burkina Faso, making this new legislation a significant departure from previous legal norms. The ban is part of a broader reform of marriage laws initiated by the military junta, which assumed power after two coups in 2022. Justice Minister Edasso Rodrigue Bayala articulated the government's position, stating that the legislation 'responds to the deep aspirations of our society' and demonstrates 'respect for cultural values.' However, human rights organizations have widely condemned the law, asserting that it violates international obligations and poses a severe threat to LGBTQI+ individuals within Burkina Faso.
5 Comments
Muchacha
The article mentions this law aligns with 'deep aspirations of our society,' yet it directly conflicts with universal human rights principles. Finding common ground that respects both cultural identity and individual dignity is extremely challenging but necessary.
Mariposa
Criminalizing identity is utterly barbaric. Shameful.
Muchacha
While the government cites cultural values, this law's impact on individual liberties is concerning. A balance between tradition and human rights is crucial for any modern society.
Habibi
Strong leadership upholding moral standards. Well done.
ZmeeLove
Prior to 2025, there wasn't an explicit law, which suggests a shift in focus for the junta. While they may aim to stabilize society, targeting a specific group can create internal division and lead to further human rights abuses.