LGBT rights in Burkina Faso
|LGBT rights in Burkina Faso|
|Same-sex sexual activity legal?||Not specifically mentioned, but public morals laws may apply|
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 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:
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. 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. 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.
S.F. Nadel, 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.
- Ottosson, Daniel (May 2008). State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults Page 11. International Lesbian and Gay Association (ILGA). Retrieved on 2009-01-12.
- Spartacus International Gay Guide, page 1216. Bruno Gmunder Verlag, 2007.
- S.F.Nadel, The Nuba, London: Oxford University Press, 1947.
- Asylumlaw.org: Sexual Minorities & HIV Status (Burkina Faso) â€” various information packets used for asylum purposes
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