Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Burkina Faso face severe legal challenges not experienced by non-LGBTQ residents. Since 1 September 2025, same-sex sexual acts and the promotion of same-sex sexual acts have been criminalised with severe legal penalties, while the pre-existing bans against same-sex marriage or adoption rights remain in force.
Laws regarding same-sex sexual acts
Prior to 2025, male and female types of same-sex sexual activity had always been legal in Burkina Faso, with an equal age of consent implemented in 1996. In July 2024, the military junta, led by Ibrahim Traoré, in power since the September 2022 Burkina Faso coup d'état, adopted an amended family code draft which would make consensual same-sex relations and the promotion of such a criminal offense.
Since 1 September 2025, the new criminal code has come into force banning any homosexual acts and promotion of homosexuality or "similar" behaviour (i.e. LGBTQ activities) with 2 to 5 years in prison and a fine as punishment. Foreign nationals who violate the law will be deported. The legislation was passed unanimously by the unelected 71-member transitional parliament. The legislation took effect immediately.
As of 28 September 2025, no arrests had been reported under the new anti-LGBTQ law in Burkina Faso; coverage from France 24–Agence France-Presse (AFP) on 22 September 2025, described fears of a "witch hunt" and increased self-censorship within the LGBTQ community but did not mention any detentions.
Recognition of same-sex unions
The Constitution of Burkina Faso does not authorize same-sex marriage and defines marriage as a union between a man and a woman. Article 23 states:
Adoption and family planning
According to the U.S. Department of State, "Married, cohabiting, heterosexual couples who have been married for at least five years may adopt a child. Single applicants are almost never permitted to adopt children in Burkina Faso."
Living conditions
The U.S. Department of State's 2011 Human Rights Report found that,
<blockquote>
The law does not discriminate on the basis of sexual orientation in employment and occupation, housing, statelessness, or access to education or health care. However, societal discrimination based on sexual orientation and gender identity remained a problem. Religious and traditional beliefs do not accept homosexuality, and lesbian, gay, bisexual, and transgender (LGBT) persons were reportedly occasional victims of verbal and physical abuse. There were no reports that the government responded to societal violence and discrimination against such persons. LGBTQ organizations had no legal presence in the country but existed unofficially. There were no reports of government or societal violence against such organizations.
</blockquote>
HIV/AIDS
HIV/AIDS has a relatively low presence in Burkina Faso when compared to other African nations, with 0.80% of adults aged 15–49 infected by the virus. While the infection rate is low, HIV remains a serious threat in Burkina Faso due to inadequate access to antiretroviral drugs: Only 65% of the estimated 94,000 adults living with HIV have access to such drugs; while only 28% of children aged 0–14 have access. These access rates trail many other African nations. Despite this, antiretroviral coverage has significantly improved in the country; the estimated coverage for all ages was 32% in 2010.
Summary table
{| class="wikitable"
|-
| Same-sex sexual activity legal
| 15px|No (Penalty: 2 to 5 years imprisonment; fine.)
|-
| Freedom of expression, freedom from censorship
| 15px|No ("Promotion" of same-sex sexual activity illegal)
|-
| Equal age of consent (18)
| 15px|No (Since September 2025)
|-
| Anti-discrimination laws in hate speech and violence
| 15px|No
|-
| Anti-discrimination laws in employment
| 15px|No
|-
| Anti-discrimination laws in the provision of goods and services
| 15px|No
|-
| Same-sex marriage
| 15px|No
|-
| Recognition of same-sex couples
| 15px|No
|-
| Step-child adoption by same-sex couples
| 15px|No
|-
| Joint adoption by same-sex couples
| 15px|No
|-
| Gays and lesbians allowed to serve openly in the military
| 15px|
|-
| Right to change legal gender
| 15px|
|-
| Access to IVF for lesbians
| 15px|
|-
| Commercial surrogacy for gay male couples
| 15px|No
|-
| MSMs allowed to donate blood
| 15px|No
|}
See also
- Human rights in Burkina Faso
- LGBTQ rights in Africa
References
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