The Persons and Family Code law, making Burkina Faso the latest in a series of African countries to criminalise lesbian, gay, bisexual and transgender activity, also tightens rules on nationality and stateless people.
The military that took over Burkina Faso in a 2022 coup has grown increasingly intolerant of dissent amid worsening Islamist militant violence in the West African country.
The legislation was passed unanimously by the unelected, 71-member transitional parliament on Monday, 1 September, and is awaiting the signature of military junta leader Ibrahim Traore.
"The law provides for a prison sentence ranging from two to five years and a fine," Justice Minister Edasso Rodrigue Bayala said on state television on Monday night.
"A person who (engages in) homosexual practices ... will appear before a judge and, in the event of a repeat offence, be deported if you are not a Burkinabe national," he said.
The government has framed the law as an effort to modernise family law and clarify nationality rules, but rights advocates are likely to call out the restrictions on LGBTQ practices and limits imposed on legal recourse in nationality cases.
Anti-gay laws are in place in various conservative African countries including Senegal, Uganda and Malawi, though some others, including South Africa, Botswana and Angola, have decriminalised LGBTQ practices or enacted protective measures.
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