Burkina Faso’s First Conviction Under New Anti-LGBTQ+ Legislation Marks A Sharp Turn Toward Conservatism

Human Rights Research Center
21 hours ago
5 min read

January 26, 2026

HRRC joins monitoring groups in expressing grave concern over the recent sentencing of a foreign national in Burkina Faso for homosexuality, marking a significant escalation in state-sanctioned persecution of LGBTQ+ people. The active criminalization of marginalized identities highlights a troubling rollback of fundamental human rights under the current military leadership.

Photo illustration by Dami Mojid / THE REPUBLIC. [Image source: ALEXANDER KRYAZHEV for RIA NOVOSTI / WIKIMEDIA]

In late December 2025, Burkina Faso’s judiciary marked a turning point against LGBTQ+ rights in handing down the first official conviction for "homosexuality and related practices." The individual charged, a foreign national identified as K.M., was sentenced to 24 months’ imprisonment and ordered to pay a fine of 2,000,000 CFA francs (approximately US $3,580). Following the completion of the prison term, the individual is also to be expelled from Burkina Faso.

The conviction was based on Article 210-3 of Law No. 012-2025/ALT, which was adopted in September 2025 and penalizes homosexuality. Human rights organizations argue that the sweeping and vague language of the legislation is susceptible to discretionary application and abuse against vulnerable populations, particularly migrants and displaced persons.

The implementation of the law represents a stark departure from Burkina Faso's previous legal framework. Unlike many former British colonies in Africa, for instance, Burkina Faso – a former French colony – did not inherit anti-homosexuality laws upon its independence in 1960. Instead, the recent criminalization is part of a broader overhaul of marriage and family laws introduced by the ruling military junta to promote "traditional family values".

The country has especially witnessed this conservative turn under Captain Ibrahim Traoré, who became interim President of Burkina Faso after a successful coup in September 2022, and who is often hailed as the "second coming of Sankara" – in references to Thomas Sankara, the first president of Burkina Faso – for his nationalization of gold mines and expulsion of French forces.

But while Sankara was a staunch, outspoken feminist who prohibited female genital mutilation and forced marriage, Traoré government leans toward a "sombre Pan-Africanism" rooted in extreme social conservatism. For Sankara, politics was rooted in the concept of Ubuntu – a humanistic orientation where liberation for women and the marginalized was central to the survival of the community and essential to Sankara’s Marxist vision. In contrast, Traoré’s administration has actively overseen the destruction of safe spaces for the LGBTQ+ community. For example, Justice Minister Edasso Rodrigue Bayala has categorized homosexuality as "bizarre behavior," signaling a state-driven resuscitation of homophobia that mirrors trends in neighboring military-led states like Mali. For the LGBTQ+ community, individuals are increasingly forced to choose between total social withdrawal or entering heteronormative relationships.

Today, Traoré’s regime relies on the support of religious leaders, customary authorities, and cultural fundamentalists to drive a nationalist project that utilizes queer bodies as "fodder" for power struggles tied to traditional male roles. Analysts argue this represents the rise of "Man-Africanism," a strain of Pan-Africanism that defines itself in opposition to the West while ignoring the excesses of post-colonial rulers, the suppression of internal diversity and the rights of "little people” – women, the urban poor, and others often left out of historical narratives. By framing LGBTQ+ rights as a "neocolonial Western agenda," the government justifies a patriarchal dictatorship that activists describe as a return to colonial-era legal structures.

For many observers, the idealization of Traoré as a Marxist, progressive leader – particularly among young audiences on social media, and pushed by short videos and AI-generated imagery that create a mythical image of Traoré often exceeding his practical achievements – underscoring the dangers of the "cult of the captain." In reality, Traoré’s Burkina Faso sees dissent increasingly silenced; journalists, civil society actors, and even magistrates have been abducted or sent to the frontlines under conscription policies. While the leader is glamorized abroad, internal opposition is crushed or forced into exile. Critics argue that the government utilizes the "homosexual threat" as a political tool of distraction to unify the population against a common enemy, while failing to resolve the ongoing security crisis, which has left 40% to 50% of the territory outside of state control.

The first conviction under the 2025 statute serves as concrete evidence that the law is operative and capable of producing severe consequences, while reinforcing repressive trends across the Sahel and the shift toward military-backed social conservatism throughout the region. As the junta tightens its grip, the pursuit of sovereignty is increasingly being defined by the exclusion and criminalization of marginalized identities in favor of authoritarian social control.

Glossary

Authoritarian: favouring or enforcing strict obedience to authority at the expense of personal freedom.
Bonapartism: A hallmark of regimes where an individual rises as a "savior" to fill a political vacuum, often governing from above while claiming to act in the people's name.
Criminalize: To make an action or behavior illegal under the law.
Discretionary application: refers to the exercise of judgmental authority by a governmental agency to interpret and apply legal rules flexibly within the bounds of their statutory mandate, often in response to unique or exceptional factual circumstances.
Expulsion: The official removal of a foreign national from a country, often following a criminal sentence.
Female genital mutilation: the practice, traditional in some cultures, of partially or totally removing the external genitalia of a girl or young woman for non-medical reasons. It is illegal in many countries.
Glamorized: make (something) seem glamorous or desirable, especially spuriously so.
Heteronormative: denoting or relating to a world view that presents gender roles as fixed and heterosexuality as the normal or preferred sexual orientation.
Humanistic: a rationalist outlook or system of thought attaching prime importance to human rather than divine or supernatural matters.
Little people:
Magistrates: a civil officer who administers the law, especially one who conducts a court that deals with minor offences and holds preliminary hearings for more serious ones.
Man-Africanism: A strain of Pan-Africanism that defines itself solely by opposition to the West while ignoring the excesses of post-colonial military rulers.
Military junta: government led by a committee of military officers, often formed after seizing power in a coup.
Operative: functioning or having effect.
Pan-Africanism: An ideology promoting the unity and sovereignty of African nations; recently divided into conservative streaks that reject LGBTQ+ rights as "un-African" and progressive streaks that view queer liberation as part of total decolonization.
Patriarchal: relating to or denoting a system of society or government controlled by men.
Pinkwashing: The use of LGBTQ+ rights by Western powers to slander anti-colonial revolutions or to distract from other human rights violations.
Repressive: (especially of a social or political system) inhibiting or restraining personal freedom.
Resuscitation: he action of making something active or vigorous again.
Sovereignty: the authority of a state to govern itself or another state.
Ubuntu: An African philosophy emphasizing interconnectedness and shared humanity; activists argue this should include the protection of queer rights.

Sources

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Burkina Faso’s First Conviction Under New Anti-LGBTQ+ Legislation Marks A Sharp Turn Toward Conservatism

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