Africa’s Anti-Gay Laws Deepen as Burkina Faso Leads a New Wave of Criminalisation

Thursday, October 23, 2025

 Across Africa, a resurgence of anti-LGBTQ+ legislation is sweeping through parliaments and ministries, threatening decades of slow progress. Rights groups say that 31 of Africa’s 54 nations still criminalise same-sex relationships, while several others are expanding penalties or banning what they call “promotion” of homosexuality.

The trend, described by Human Rights Watch as a “moral panic weaponised for political gain,” has accelerated since 2023. Governments from Ghana to Uganda have passed or proposed new laws that restrict queer expression, tighten media censorship, and criminalise advocacy. The latest to join this wave is Burkina Faso, a landlocked West African country that had previously maintained relative legal neutrality on LGBTQ+ issues.

Burkina Faso’s new legislation

In September 2025, Burkina Faso’s transitional parliament passed sweeping amendments to its penal code outlawing same-sex intimacy and the “public promotion or defence of homosexuality.” The new law carries penalties of two to five years in prison and fines of up to 1 million CFA francs (about £1,250).

Officials claimed the legislation was designed to “protect cultural values” and “family integrity.” However, activists argue it was politically motivated — a way for the interim government to consolidate conservative support amid domestic unrest and security concerns.

“The rhetoric of morality is being used as a distraction from deeper political failures,” said Aïcha Zongo, a civil-rights lawyer based in Ouagadougou. “Instead of addressing poverty, conflict, and education, leaders are targeting an already vulnerable minority.”

The wider African picture

Burkina Faso’s decision follows a pattern seen across the continent. Uganda introduced one of the world’s harshest anti-LGBTQ+ laws in 2023, including potential death penalties for so-called “aggravated homosexuality.” Ghana’s parliament continues to debate the “Human Sexual Rights and Family Values Bill,” which would impose prison sentences on anyone found to be advocating for LGBTQ+ equality.

Meanwhile, Kenya and Tanzania have intensified rhetoric against queer citizens, and Nigeria has expanded enforcement of its 2014 Same-Sex Marriage (Prohibition) Act. Even in countries without explicit anti-LGBTQ+ laws, activists report increased censorship and police harassment.

Analysts warn that international silence and declining Western influence in Africa have emboldened governments to pursue populist, faith-based policies. “These laws are part of a larger contest for cultural sovereignty,” said political scientist Dr Samuel Tshuma. “They are framed as resistance to Western liberalism — even though their origins lie in imported colonial penal codes.”

Consequences for rights and migration

The ripple effects are being felt far beyond legal systems. Civil-society organisations report that queer Africans are facing heightened violence, arbitrary arrests, and forced outing by media and local officials. Safe-houses and health programmes have been shuttered due to fear of prosecution.

Regional asylum networks are also under strain, with more LGBTQ+ people seeking refuge in neighbouring countries such as Côte d’Ivoire or Senegal, which, though not fully inclusive, offer comparatively safer conditions. International NGOs warn that without coordinated pressure from the African Union or United Nations, the situation could worsen.

The African Commission on Human and Peoples’ Rights, which recognises sexual-orientation protections under Article 2 of its charter, has yet to issue a formal response to Burkina Faso’s new law. Observers fear the precedent may embolden other governments to follow suit.

Voices of resistance

Despite the dangers, local activists are mobilising. Underground networks are using encrypted channels to connect community members, while diaspora organisations are lobbying the EU and ECOWAS to link aid and trade benefits to human-rights compliance.

“The message is simple: our humanity is not negotiable,” said Issa Traoré, director of the advocacy group Equality for Burkina. “We will keep organising, even in silence, because visibility itself has become an act of courage.”

International solidarity campaigns are also gaining traction. Groups across Europe and North America have launched letter-writing drives, emergency funds, and awareness initiatives under the banner #DefendAfricanPride — highlighting that the struggle for LGBTQ+ freedom in Africa is not isolated but global.

What comes next

Whether international pressure can reverse the current trend remains uncertain. Western governments have condemned the new laws, but many African leaders dismiss outside criticism as “neo-colonial interference.” Still, the economic and diplomatic costs may grow if investors, donors, and human-rights institutions act in concert.

For LGBTQ+ Africans, the stakes are immediate and personal. As one Burkinabé activist put it anonymously: “We don’t have time for statements — we need safety, dignity, and the right to exist.”

Kim Cockayne