The reality of LGBTQ+ people in Burkina Faso

The situation of sexual and gender minorities (sgm) in burkina faso: a growing concernReported by our partner Fierté Afrique Francophone

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Burkina Faso is currently experiencing a significant regression in the rights of sexual and gender minorities (SGM). While no law criminalized consensual same-sex acts between adults as of July 2024, the government introduced a bill to amend the Personal and Family Code, explicitly banning homosexuality. This bill has since been passed by the Transitional Legislative Assembly, reflecting a clear intent to criminalize SGM.

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A growingly restrictive legal context

The legal landscape is tightening under the influence of anti-gender movements such as wayiyan. In August 2023, the Higher Council for Communication (CSC) had already decided to ban all audiovisual content featuring homosexuality from television channels, under the pretext of protecting children and young people. Furthermore, Article 16 of the law on freedom of association allows for the exclusion or refusal of registration of groups defending SGM rights, deeming them "contrary to good morals."

Homosexual individuals are frequently subjected to arbitrary arrests under vague charges such as "indecency," "solicitation," or even "identity fraud," further reinforcing a climate of fear and insecurity.

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The current situation: a climate of violence and impunity

The influence of the wayiyan movement has led part of the population to adopt hostile behaviors towards SGM. These acts include physical violence and systematic discrimination. Some justify these abuses through an extreme interpretation of the new legal provisions, further marginalizing SGM.

Although authorities have stated their intention to protect victims, in reality, very few legal actions are taken against perpetrators of homophobic violence. This lack of accountability perpetuates an environment of impunity and insecurity for SGM.

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Urgent recommendations for an inclusive society

Given this alarming situation, several measures are recommended to reverse the trend and promote SGM rights in Burkina Faso:

1. Sending a communication to the Burkinabé government to highlight the negative impact of such criminalization on SGM.
2. Organizing a mission to Burkina Faso to document and assess the human rights situation on the ground.
3. Engaging in dialogue with Burkinabé civil society to strengthen local efforts in protecting SGM rights.
4. Potentially mobilizing efforts at the United Nations based on Resolution 275 of the African Commission on Human and Peoples’ Rights.
5. Encouraging local civil society organizations (CSOs) to report on the SGM situation to better inform international decisions.

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The need for international mobilization

The situation in Burkina Faso reflects a worrying trend of SGM criminalization in certain regions of Africa, often justified by cultural or religious arguments. However, this regression in human rights is incompatible with the country’s international commitments. It is crucial for local, regional, and international stakeholders to mobilize to ensure a future where SGM rights are fully recognized and protected.

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