BURKINA FASO-SOGI-TBs-CCPR

Concluding Observations on Report 2 (2025) (Link)

Non-discrimination

16. The Committee welcomes the adoption of a normative framework aimed at combating discrimination but remains concerned about the lack of explicit legal or effective protection of certain groups in vulnerable situations, such as women, people with disabilities, minority religious communities, persons with HIV, children born out of wedlock and lesbian, gay, bisexual and transgender people. It also notes with concern the discrimination and stigma faced by religious minorities, people with albinism and persons who are targeted because of their sexual orientation or gender identity. It is concerned about the persistence of hate speech and violence and the lack of effective remedies for victims. The Committee notes with concern the adoption of a bill to establish a personal and family code that would criminalize homosexuality and same-sex relationships, in particular its potential to heighten the risk of persecution faced by lesbian, gay, bisexual and transgender persons (arts. 2 and 24–26).

17. The State Party should take appropriate measures to eliminate all forms of discrimination. In particular, it should:

(a) Adopt and ensure the effective enforcement of a comprehensive legislative framework that explicitly defines and punishes all discrimination, both direct and indirect, in the public and private spheres, including by revising its legislation to explicitly include sexual orientation, gender identity and disability as prohibited grounds for discrimination;

(b) Ensure that all acts of discrimination and hate speech are promptly and effectively investigated, that perpetrators are prosecuted, brought to justice and, if found guilty, sanctioned with appropriate penalties, and that victims have access to effective and appropriate remedies and to adequate legal, financial and psychological assistance;

(c) Adopt concrete measures, including training, education and awareness-raising programmes focusing on combating stereotypes, prejudice and negative attitudes, with a view to integrating the principle of non-discrimination into public programmes and policies, and ensure that these measures target both public officials responsible for enforcing the rule of law and the general public, in order to effectively prevent acts of discrimination, hate speech and other discrimination-related violence;

(d) Ensure that the draft personal and family code is fully in line with the Covenant.

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Concluding Observations on Report 1 (2016) (Link)

Discrimination based on sexual orientation or gender identity

13. The Committee is concerned about the stereotyping of lesbians, gays, bisexuals and transgender persons, and about reports of discriminatory acts and hate speech aimed at them, including by politicians. It also notes with concern the absence of legislation expressly prohibiting discrimination based on sexual orientation or gender identity (arts. 2 and 26).

14. The State party should organize awareness campaigns and redouble its efforts to combat and condemn stereotyping, hate speech and violence in relation to homosexuality, bisexuality or transsexuality. It should also review its legislation to ensure that discrimination based on sexual orientation or gender identity is prohibited.

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