Burkina Faso: Junta Moves to Criminalize Homosexuality

Burkina Faso’s military junta has approved a new family code. This code aims to make homosexuality illegal. This puts Burkina Faso among the few African countries that outlaw same-sex relationships. Only 22 of 54 countries in Africa allow these relationships. This legal change has big implications. LGBTQ+ people could face harsh penalties. These penalties may include death or long jail terms. The penalties depend on the region and how the law is read. This move has caused international concern. It also raises questions about human rights in the country. Human Rights Watch (HRW) says the law would make same-sex relations a crime. This could lead to jail time (https://www.hrw.org/news/2024/05/23/burkina-faso-proposed-law-would-criminalize-same-sex-conduct). Also, IFEX says the draft law is a threat to LGBTQ+ people and human rights groups (https://www.ifex.org/burkina-faso-draft-law-threatens-to-criminalise-same-sex-sexual-relations/).

Background and Political Context

Burkina Faso has been under military rule since two coups in 2022. This has created an unstable political situation. The country is now in a confederation with Mali and Niger. This adds to the complexity of its government. The current junta is led by interim leader Ibrahim Traore. It approved the changed family code at a meeting. This shows a clear plan to make this law.

The proposed law now needs a vote in parliament. If it passes, Traore must approve it to become law. Political problems in Burkina Faso may be why the government is pushing this law. Some experts suggest that focusing on such issues can distract from other urgent problems. The confederation with Mali and Niger makes things even harder. Both countries have their own political issues, which could affect Burkina Faso’s decisions.

Wider African Context and LGBTQ+ Rights

In the past year, there have been more limits on LGBTQ+ rights in Africa. This shows a growing trend of intolerance. For example, Uganda has made strict anti-LGBTQ laws. These laws have been criticized worldwide. Ghana has also passed laws to increase the suppression of LGBTQ+ people. This creates a hostile place for sexual minorities. These events, along with the proposed law in Burkina Faso, show the problems LGBTQ+ people face in Africa.

The proposed law in Burkina Faso shows a wider trend in Africa. Here, strong cultural and religious views often clash with human rights standards recognized globally. Some African countries have taken steps to make same-sex relationships legal. However, many still have laws against same-sex acts. These laws often have harsh punishments. These laws often come from colonial times. They reflect old biases that still shape the legal systems.

Social norms and religious beliefs often support these unfair laws. This makes it hard to challenge them. [Source needed].

The increasing limits on LGBTQ+ rights in Africa show the ongoing fight for equality. These legal and social problems raise concerns about the safety of LGBTQ+ people. They often face discrimination, violence, and exclusion. Human rights groups and Western governments have condemned these laws. They are pushing for LGBTQ+ rights and urging African nations to follow human rights laws.

Potential Implications of the Legislation

The effects of Burkina Faso’s family code go beyond the immediate legal issues. If passed, the law could further hurt LGBTQ+ people in Burkina Faso. This could lead to more discrimination, violence, and exclusion. This could create fear, stopping LGBTQ+ people from getting important services like healthcare. It could also hurt activism, making it harder for LGBTQ+ rights groups to work.

Also, the law could hurt Burkina Faso’s relationships with other countries. It could affect aid from countries that value human rights. Many Western countries see LGBTQ+ rights as basic human rights. They may not want to help countries that violate these rights. Focusing on making homosexuality illegal also takes attention from other issues. These include poverty, insecurity, and terrorism. Resources could be used to address these issues instead of enforcing unfair laws.

If this law passes, it could encourage other countries to pass similar laws. This would further harm LGBTQ+ rights in Africa. It sets a bad example and suggests that discrimination is okay. The world must keep pressuring Burkina Faso. It must also pressure other countries with similar laws. They need to protect the rights of all citizens, no matter their sexual orientation.

Conclusion

The proposed law in Burkina Faso shows a worrying trend of more limits on LGBTQ+ rights in Africa. This move could severely harm LGBTQ+ people. It could lead to more discrimination and violence. It may also affect the country’s relationships with other nations. The world’s ongoing support for human rights is important. It urges Burkina Faso and other nations to protect the rights of all.