LGBT rights in Burkina Faso
Burkina Faso
StatusNot specifically mentioned, but public morals laws may apply
Gender identity-

Lesbian, gay, bisexual, transgender (LGBT) persons in Burkina Faso can face legal issues not experienced by non-LGBT citizens. Burkina Faso has no laws specifically outlawing private same-sex sexual acts, but general public morals laws[1] can apply to LGBT persons in situations where opposite-sex sexual acts would not be similarly challenged.

Laws against homosexuality

According to the International Lesbian and Gay Association May 2008 report of world laws, Articles 410 and 411 of the penal code read:

Article 410: "Any person who causes a public nuisance shall be punished with a term of

imprisonment of between two months and two years and a fine of between 50,000 and 600,000 francs. Any deliberate act that is contrary to good morals and is committed in public or in a private place visible to the public and may offend the sense of decency of third parties who involuntarily witness the act shall constitute a public nuisance. However, any such act, if it is committed in private in the presence of a minor, shall constitute the offence of the indecent incitement of minors.”
Article 411: “Any act of a sexual nature that is contrary to good morals and is committed directly and deliberately on another person with or without force, compulsion or surprise, shall constitute

an offence against (public) decency."

— Penal Code of 1996, (ILGA May 2008 report[1])

Additionally, Articles 412-415 stipulate the punishment of acts against the public "sense of shame" of under-aged persons to be a prison sentence of between 2 months and 10 years.[2] According to Article 416 anyone who offends the public "sense of shame" together with a second person (either by force, surprise or constraint) can be imprisoned for a period of between 1 to 3 years.[2] Underage sexual practices are punishable with up to 5 years imprisonment.

Recognition of same-sex relationships

There is no legal recognition of same-sex couples.

Discrimination protections

There is no legal protection against discrimination based on sexual orientation.

Tribal practice

S.F. Nader, writing in the 1940s and 50s noted that among the Mossi, pages chosen from among the most beautiful boys aged seven to fifteen were dressed and had the other attributes of women in relation to chiefs, for whom sexual intercourse was denied on Fridays. After the boy reaches maturity they were given a wife by the chief. The first child born to such couples belonged to the chief[3].

See also

Notes

  1. ^ a b Ottosson, Daniel (May 2008). "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). International Lesbian and Gay Association (ILGA). pp. Page 11. Retrieved 2009-01-12.
  2. ^ a b Spartacus International Gay Guide, page 1216. Bruno Gmunder Verlag, 2007.
  3. ^ S.F.Nadel, The Nuba, London: Oxford University Press, 1947.
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