On this page, you will find:
Legal Framework
Same-sex sexual acts
Same-sex sexual acts are criminalised in Burkina Faso. Law No. 012-2025/ALT, which reformed the Code of Persons and Families (in force since 1990, hereafter “Family Code”), was unanimously adopted by the Transitional Legislative Assembly on 1 September 2025 and signed into law by Interim President Captain Ibrahim Traoré on 25 September 2025. Article 210-3 Family Code penalises same-sex sexual acts, (undefined) “related practices“, and any “behaviour likely to promote” such practices. Penalties range from two to five years’ imprisonment and fines from two million to ten million CFA francs, with penalties doubled for ‘repeat offences’. Foreign nationals convicted under Article 210-3 Family Code may additionally face expulsion from Burkina Faso. The Burkinabè Justice and Human Rights Minister stated that the new legislation responded “to the deep aspirations of our society” and demonstrated “respect for cultural values”. Notably, after gaining independence from France in 1960, Burkina Faso did not inherit anti-homosexuality laws and had been among the African countries that permitted same-sex relations prior to the enactment of this law.
According to the African Human Rights Coalition, the first known conviction under Article 210-3 of Law No. 012-2025/ALT involved an individual charged with “homosexuality and related practices” who was sentenced to 24 months’ imprisonment and a 2,000,000 CFA franc fine, with an order for expulsion from Burkina Faso following completion of the sentence.
It has also been reported that Articles 533-1 and 533-2 of the Law No. 025-2018/AN (Code Pénal 2018, hereafter Penal Code), which criminalise acts contrary to “public morality”, have been used to target LGBTQI+ persons.
Same-sex marriage
Same-sex marriage is not legally recognised in Burkina Faso at either the constitutional or statutory level. Article 23 of the Constitution of 1991 (with amendments through 2015) states that “marriage is founded on the free consent of the man and of the woman.” The Family Code and the Penal Code reinforce this non-recognition through multiple provisions:
- Article 210-2 Family Code states that “marriage results from the free and conscious will of the man and the woman to take each other as spouses“,
- Article 210-6 Family Code provides that no legal effect is attached to forms of union other than those provided for by the Family Code (i.e. heterosexual marriage),
- Article 220-1 Family Code defines marriage as “the celebration of a union between a man and a woman“,
- Article 221-1 Family Code provides that “Marriage may only be contracted between a man and a woman“,
- Article 222-1(1) Family Code provides that a marriage shall be declared null and void “where the spouses are not of different sex“,
- Article 531-1 Penal Code defines marriage for the purposes of criminal law as “any form of union between a man and a woman, celebrated by a civil registrar or celebrated in accordance with customary or religious rules“.
Adoption rights
Joint adoption by same-sex couples is not legally permitted in Burkina Faso. Article 262-7 Family Code provides that no person may be adopted by more than one person except by two spouses married within the meaning of Article 220-1 Family Code (i.e. marriage between a man and a woman).
Discrimination
Burkina Faso does not provide comprehensive anti-discrimination protections for LGBTQI+ individuals. Article 1 of the Constitution prohibits discrimination based on “race, ethnicity, region, colour, sex, language, religion, caste, political opinions, wealth and birth“, but does not explicitly include sexual orientation or gender identity. Similarly, Articles 4 and 26 Law No. 028-2008/AN (Labour Code) prohibit employment discrimination on various grounds but omits direct reference to sexual orientation and gender identity. According to the U.S. Department of State’s 2023 Country Report “the law in Burkina Faso did not prohibit discrimination by state and nonstate actors based on sexual orientation, gender identity or expression, or sex characteristics“. The report further notes that Burkina Faso has no hate crime laws and that efforts by LGBTQI+ persons to report violence were “not taken seriously by police or gendarmes”.
Blood donations
There is no legal framework addressing blood donation by LGBTQI+ persons specifically. However, the broad criminalisation of same-sex sexual activity under Article 210-3 Family Code creates significant barriers to LGBTQI+ participation in blood donation services, as any disclosure of same-sex activity during donor screening could expose individuals to criminal liability.
Military Conscription
There is no legal framework prohibiting LGBTQI+ persons from serving in the armed forces specifically. However, the broad criminalisation of same-sex sexual activity under Article 210-3 Family Code creates significant barriers to open service by LGBTQI+ persons. Any disclosure of same-sex activity, whether during recruitment, service, or otherwise, could expose individuals to criminal liability.
Barriers to freedom of expression
Law No. 064-2015/CNT (hereafter Law on Freedom of Association), in force since 18 February 2016, permits authorities under Article 16 to reject the registration of associations on grounds their cause or object is “illicit, or contrary to laws and good morals”. The competent authority may suspend the registration process to conduct a “morality investigation” on any application (Article 13(3) Law on Freedom of Association). Associations found to pursue such objectives may be dissolved by decree of the Council of Ministers (Article 63(2) Law on Freedom of Association). Repeated attempts by LGBTQI+ organisations to register with the Ministry of Territorial Administration, Decentralisation, and Security have reportedly been refused, though no explanation was provided for the refusals.
Trans rights and gender recognition
There is no legal framework permitting transgender persons to change their legal gender. Articles 131-15 to 131-18 Family Code permit any person who demonstrates a “legitimate interest” to apply for a change of name or first names before the tribunal de grande instance, however these provisions do not extend to a change of legal sex. Moreover, persons whose gender expression did not comport with the gender identity on their government documents risked arrest for identity theft.
According to the U.S. Department of State’s 2023 Country Report on human rights practices, transgender persons did not have access to medical services related to gender transition, leading some to travel to Côte d’Ivoire or Togo for treatment or to undergo hormone therapy without medical supervision.
Non-binary gender is not legally recognised. Article 144-5 Family Code requires that every birth certificate record the sex of the child. In the case of intersex children, the provision states that “where the child is born intersex, the determination of sex is made by the parents before the birth declaration“.
Burkina Faso is a signatory to several international legal treaties and conventions that are relevant to the protection of LGBTQI+ individuals.. Notably, Burkina Faso is a signatory to the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights (ICCPR). The ICCPR protects the rights to privacy (Article 17), equality and non-discrimination (Articles 2 and 26). The UN Human Rights Committee has established in its jurisprudence (notably Toonen v. Australia, Communication No. 488/1992) that the criminalisation of consensual same-sex conduct violates Articles 17 and 26 ICCPR. In 2014, the African Commission on Human and Peoples’ Rights adopted Resolution 275 (ACHPR/Res.275(LV)2014) strongly urging member states to “end all acts of violence and abuse” targeted against persons due to their sexual orientation or gender identity.
In March 2025, the UN Human Rights Council met with Burkinabè delegates to consider how Burkina Faso implements the provisions of the ICCPR. The Council asked whether there was an intention to adopt a comprehensive legal framework that clearly defined direct and indirect discrimination, including discrimination based on sexual orientation and gender identity, and whether the delegates could provide information on reforms to the law on the family and their impact on lesbian, gay, bisexual, transgender and intersex persons. The Burkinabè delegates did not respond to these questions.
Amnesty International and Human Rights Watch have stated that the criminalisation of consensual same-sex relations in the domestic legal framework in Burkina Faso is inconsistent with the country’s obligations under international human rights law.
Burkina Faso has also ratified the following treaties:
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1999; accepting the inquiry procedure and the Optional Protocol),
- Convention on the Elimination of All Forms of Discrimination against Women (1987; accepting individual complaints and inquiry procedure),
- International Covenant on Economic, Social and Cultural Rights (1999), and
- Convention on the Rights of the Child (1990).
For more detailed information on the protection of LGBTQI+ rights in Burkina Faso, visit the Burkina Faso ILGA World Database.
Public attitudes
Following the enactment of Article 210-3 of Burkina Faso’s Family Code, many LGBTQI+ persons fear that the new legislation will result in a “witch-hunt”, with the risk of “outings” on social media becoming common. Public discourse has increasingly framed LGBTQI+ people as threats to national identity and morality, and state-aligned media have amplified narratives portraying sexual and gender minorities as criminal or foreign influences.
Even prior to the new legislation, many LGBTQI+ persons kept their sexual orientation quiet out of fear of prejudice, noting that homophobic stigmatisation and discrimination is widespread. According to public opinion polls, in 2024 only 12% of Burkinabè persons would consider their local area to be a “good place” for LGBTQI+ persons and in 2023, only 10.6% of persons in Burkina Faso would accept having a neighbour who was homosexual. These results are consistent with other recent polls which show persistently high levels of intolerance towards LGBTQI+ persons which further increased between 2015 and 2023.
Government statements
Following the 2022 coup d’état in Burkina Faso, several state officials have spoken out publicly against LGBTQI+ persons. Publicly visible anti‑LGBTQI+ rhetoric by state representatives intensified in 2023.
In a reported General Assembly address on September 23, 2023, delivered on behalf of the transitional president, Minister of State Bassolma Bazié declared that “there will be no question of homosexuality” in Africa, positioning LGBTQI+ exclusion within a broader assertion of sovereignty and anti‑Western alignment.
In August 2024, Prime Minister Joachim Apollinaire Kyelem de Tambèla used a formal governance forum to contrast “polygamy” favorably against “homosexuality,” asking rhetorically “which has more human value?” and asserting that polygamy “has always existed in history.” This reported framing presented homosexuality as alien to “our socio‑cultural specificities,” and reinforced a governmental narrative of locally grounded “freedom” that excludes sexual minorities.
As reported in early September 2025, as the transitional parliament unanimously adopted the above mentioned amendments to the Burkina Faso’s Family Code criminalizing consensual same-sex relations and the “promotion” of homosexuality, the justice minister, Edasso Rodrigue Bayala, announced on national television that offenders would face two to five years’ imprisonment and fines, adding that those engaged in “homosexual or similar practices” and “all the bizarre behaviour” would be brought before a judge, with deportation for non-nationals in case of recidivism.
Harassment and violence
In November 2021, it was reported that LGBTQI+ persons who have been arrested and detained also face discrimination by the police, being deprived of food and water whilst incarcerated and are often forced to pay bribes to avoid mistreatment and harassment in custody.
A 2023 Country Report on Human Rights Practices reported a number of instances of LGBTQI+ harassment and violence, noting that in August 2023, the Burkinabè transitional government incited anti-LGBTQI+ harassment, including potentially funding a youth coalition which held a rally to demonstrate against homosexuality. It was also reported that LGBTQI+ rights advocacy groups often advised LGBTQI+ persons to conceal their sexual orientation or gender identity to protect themselves from violence. Reports of violence against LGBTQI+ persons were said not to be taken seriously by law enforcement.
In June 2025, it was reported that a homosexual cross-dresser had been arrested and charged with indecent assault for having been apprehended in feminine clothing. He was eventually acquitted by a Tribunal in Ouagadougou on the basis that the offence had not been made out, but the accused was advised by the Tribunal to “stop his practice” on the basis that “the practice of homosexuality is not accepted and he might one day face public anger”.
Discrimination and failure to support LGBTQI+ persons
A 2023 U.S. Human Rights Report states that LGBTQI+ persons faced restrictions on freedom to associate and assemble, often being excluded from both public and commercially owned venues, and that organizations seeking legal existence sometimes resorted to obfuscating identities to register. The report also states that LGBTQI+ persons faced discrimination in access to health care, employment, housing, and public accommodation. The report specifies that members of the LGBTQI+ community were fired from their jobs, both in the private sector and in government, when their employers became aware of their sexual orientation.
Reports show that transgender persons frequently self-medicate with hormones due to pervasive discrimination in the health system and the lack of specialized, supportive care, underscoring significant health risks and social harms. Interviewees and medical experts describe a pattern of avoidance of formal healthcare, fears of being “outed,” and the unavailability of state-run, gender-affirming programs, all of which contribute to dangerous self-treatment and increased morbidity. The same reporting relays concerns by a local LGBTQI+ organization that mismatched identity documents expose trans persons to arrest on identity-fraud theories.
Media censorship
In August 2023, the Superior Council of Communication (Burkina Faso’s national communications regulator, the SCC) adopted a decision that restricts the broadcast of LGBTQI+ related content. The SCC cited concerns about “the resurgence of audiovisual programmes accessible to minors that depict or promote homosexuality” as the basis for their decision, deeming it inappropriate for their age and societal norms. This decision prohibits television channels from airing content “promoting homosexuality” and bans any content or scenes of a “homosexual character” on channels targeted at children and young audiences.
On social media, the introduction of the draft law criminalising same-sex relations, i.e. Article 210-3 of Burkina Faso’s Family Code in force since September 2025, gave rise to anti-LGBTQI+ conversations on TikTok and X, with many users supporting the proposal and sharing hostile comments.
Family life
Same-sex marriages or civil unions do not exist in Burkina Faso since the Constitution provides that “marriage is founded on the free consent of the man and of the woman.” Likewise, same-sex couples are effectively prevented from adopting children since this right only exists for married spouses.
LGBTQI+ persons are reportedly instead often targeted by family members because of sexual orientation or gender identity and sometimes did not seek treatment or help from social services, due to further ostracization or violence.
Enforcement of Article 210-3 of Burkina Faso’s Family Code
In December 2025, the first conviction under Article 210-3 of Burkina Faso’s Family Code was reported, three months after its introduction. A foreign national was sentenced to 24 months’ imprisonment, a CFA 2 million franc fine and will be expelled from Burkina Faso following completion of the prison sentence. The Ministry’s statement notes only that the individual was charged with “homosexuality and related practices”.
Asylum
M.G. v French Office for the Protection of Refugees and Stateless Persons
On 17 July 2024, the French National Court of Asylum (CNDA) provided refugee protection to the applicant, a national of Burkina Faso, who had requested asylum in France. The applicant claimed that he feared persecution or serious harm in Burkina Faso, from his family and members of society, because of his sexual orientation, without being able to rely on the protection of the national authorities. He claimed that he was attacked and threatened by members of his family, namely his brother and an uncle, because of his homosexuality and that when he requested assistance from the national authorities he was again threatened due to his sexual orientation. The CNDA also recognised the existence of a social group of homosexual persons in Burkina Faso, entitling them to refugee status in accordance with the 1951 Refugee Convention and homosexual people, who are subjected to a climate of strong hostility towards them in Burkina Faso, in the absence of assistance from national authorities, are at risk of persecution.
Organisations supporting LGBTQI+ individuals
Website / Instagram
Address: Queer African Youth Network, 04 BP 511 Ouagadougou 04, Burkina Faso
Tel: +226 25 37 48 29
Email: contact@qayn.org
QAYN is queer and feminist organisation founded in 2010 with the aim of establishing an extensive support network to promote the wellbeing and safety of lesbian, gay, bisexual, transgender and queer people in West Africa. They appear to be headquartered in Ouagadougou.
Website / Facebook
Address: Quartier Nonsin, Marché de 10
Phone: +00226 25 65 31 17 / +00226 76 54 75 14 (visitors can contact them directly on these two numbers)
Email: kbny3911@gmail.com
AKBNY is a Burkina Faso–registered community-based association; explicitly provides safe space and support for LGBTQI+ persons; present in Ouagadougou, Sapouy, Bobo-Dioulasso.
Address: Rue Kitchener Bonanjo, P.O. Box 59, Douala, Cameroon
Tel: +237 3421763 ,+237 3424998 ,+2379903193 ,+237 3002536
ADEFHO’s goal is to have the rights of homosexuals to be respected, through the decriminalization of homosexuality. Their other objectives are to educate the public about questions related to homosexuality, notably of tolerance and understanding for homosexuals, the fight against discrimination and stigmatization of homosexuals in schools, hospitals and other public places.
Country of Origin experts in LGBTQI+ rights
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Burkina Faso Legal Assistance
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Last updated June 2026