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Burkina Faso [NAME] [FIRM] [ADDRESS] [PHONE NUMBER] [FAX NUMBER] UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT [CITY, STATE] __________________________________________ ) In the Matter of: ) ) File No.: A __________ __________ ) ) In removal proceedings ) __________________________________________) INDEX TO DOCUMENTATION OF COUNTRY CONDITIONS REGARDING PERSECUTION OF LGBTQ PERSONS IN BURKINA FASO TAB SUMMARY GOVERNMENTAL SOURCES 1. Overseas Security Advisory Council, Bureau of Diplomatic Security, U.S. Dep’t of State, Burkina Faso 2020 Crime & Safety Report (May 12, 2020), available at https://www.osac.gov/Content/Report/81726191-31e9-4ceb-9adb-18aa5a5de155 • “Members of the LGBTI+ community find life in Burkina Faso extremely difficult and, at worst, dangerous. Societal discrimination based on sexual orientation and gender identity remains an issue; religious/traditional beliefs do not tolerate homosexuality.” (p. 4) • “There are regular reports of verbal and physical abuse against members of the LGBTI+ community. LGBTI+ employees have passed partners off as relatives, even within the Embassy community, to avoid the possibility of intolerant reactions.” (p. 4) 2. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, 2019 Country Reports on Human Rights Practices: Burkina Faso (Mar. 2020), available at https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/burkina-faso/ • “The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. NGOs reported police TAB SUMMARY occasionally arrested gay men and transgender individuals and humiliated them in detention before releasing them.” (p. 24) • “Societal discrimination against LGBTI persons was a problem, and it was exacerbated by religious and traditional beliefs. Medical facilities often refused to provide care to members of the transgender community, and LGBTI individuals were occasionally victims of verbal and physical abuse, according to LGBTI support groups. There were no reports the government responded to societal violence and discrimination against LGBTI persons.” (p. 24) • “Discrimination occurred based on . sexual orientation or gender identity . with respect to employment and occupation. The government took few actions during the year to prevent or eliminate employment discrimination.” (p. 28) 3. Swedish Ministry of Foreign Affairs, Burkina Faso –Mänskliga rättigheter, demokrati och rättsstatens principer per den 30 juni 2019 (June 30, 2019) (with translated excerpt), available at https://www.regeringen.se/4af2de/contentassets/2727197ad0e9454caaba7b7b6f6b7b50/burki na-faso---manskliga-rattigheter-demokrati-och-rattsstatens-principer-per-den-30-juni- 2019.pdf • “Burkina Faso has no legislation criminalizing homosexuality but there is also no legislation that protects LGBTQ people from hate crimes or discrimination. LGBTQ people are exposed to widespread discrimination and violence or threats of violence. To identify as a LGBTQ person is tabooed by society. In a survey conducted by Afrobarometer, Burkina Faso landed in third place among the most homophobic countries in Africa.” (page 2 of translation) • “Arbitrary incarceration of LGBTQ people occurs. According to ILGA, between March 2017 and December 2018, ten LGBTQ people were arrested in Ouagadougou and another 38 in Bobo-Dioulasso, the country's second largest city. According to the Queer African Youth Network, it has happened that LGBTQ people have been convicted of crimes that persons with another sexual orientations have not convicted of, e.g., prostitution or fornication.” (page 2 of translation) 4. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, 2018 Country Reports on Human Rights Practices: Burkina Faso (Mar. 2019), available at https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/burkina-faso/ • “The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. NGOs reported police occasionally arrested gay men and humiliated them in detention before releasing them.” (p. 21) • “Societal discrimination against LGBTI persons was a problem, and it was exacerbated by religious and traditional beliefs. LGBTI individuals were occasionally victims of verbal and physical abuse, according to LGBTI support groups. There were no reports the government responded to societal violence and discrimination against LGBTI persons.” (p. 21) • “The law prohibits discrimination with respect to employment and occupation. The government did not effectively enforce the laws and regulations. Discrimination occurred based on . sexual orientation or gender identity . with respect to TAB SUMMARY employment and occupation. The government took few actions during the year to prevent or eliminate employment discrimination.” (p. 25) 5. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, 2017 Country Reports on Human Rights Practices: Burkina Faso (Apr. 2018), available at https://www.state.gov/reports/2017-country-reports-on-human-rights-practices/burkina-faso/ • “Societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons was a problem and was exacerbated by religious and traditional beliefs. LGBTI individuals were occasionally victims of verbal and physical abuse, according to LGBTI support groups. There were no reports the government responded to societal violence and discrimination against LGBTI persons.” (p. 22) • “The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the LGBTI community.” (p. 22) • “LGBTI organizations had no legal status in the country but existed unofficially. The Ministry of Territorial Administration, Decentralization, and Internal Security did not approve repeated requests by LGBTI organizations to register, and it provided no explanation for the refusals.” (p. 22) • “The law prohibits discrimination with respect to employment and occupation. The government did not effectively enforce the laws and regulations. Discrimination occurred based on . sexual orientation or gender identity . with respect to employment and occupation. The government took few actions during the year to prevent or eliminate it.” (p. 26) 6. Ministry of Immigration, Diversity and Inclusion, Quebec, Réalités Juridiques et Sociales des Minorités Sexuelles Dans les Principaux Pays d’Origine des Personnes Nouvellement Arrivées au Québec (July 7, 2017) (with excerpted translation), available at http://www.quebecinterculturel.gouv.qc.ca/publications/fr/divers/GUI_InfoHomosexualiteTra nssexualite_FIN.pdf • “In the family environment, it is rare for a person to reveal his/her homosexuality in order to avoid exposing themselves to insults and rejection. The situation is particularly difficult for women, for whom it is more difficult to escape family pressures in favor of marriage. Women who don’t get married or who have gotten divorced must be vigilant because they risk being harassed if their family or neighbors find out what their sexual orientation is. The police authorities and media regularly show intolerance with regard to sexual minorities.” (page 5 of translation) • “But the fact remains that, in general, sexual minorities, both men and women, are marginalized and stigmatized and must limit the expression of their sexuality or their gender identity to certain places and clandestine networks. The situation for transgender persons is particularly worrisome. Many of them have been victims of familial rejection, isolation, harassment and violence.” (page 5 of translation) 7. Immigration and Refugee Board of Canada, Burkina Faso: Treatment of sexual minorities, including legislation, state protection and support services (April 20, 2016), available at https://www.refworld.org/docid/5729a8d74.html • “Two judgments given by tribunals in Burkina Faso demonstrate [that LGBTQ individuals are punished more severely]. In a judgment by the High Court of Bobo Dioulasso on 7 January 2013, a young transvestite gay was sentenced for street TAB SUMMARY solicitation whereas this offence is almost never referred to tribunals for other cases of street solicitation . [A]n offence of corruption of a minor was used to sentence a young lesbian, whereas this offence is not used to protect heterosexual minors . .” (p. 2) • “According to a survey conducted in 2014-2015 by Afrobarometer on homophobia in Africa, Burkina Faso is the 3rd most intolerant country in Africa, with 5 percent of its population saying that ‘they would ‘strongly like,’ ‘somewhat like’ or ‘not care’ if they lived next to homosexuals.” (p. 4) • “Country Reports 2014 states [t]he country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias- motivated crimes against the LGBT community . .” (p. 3) • “Freedom House notes that LGBT persons in Burkina Faso ‘routinely experience discrimination.’” (p. 3) • “The Burkina Faso news website Le Faso . reports that on 28 May 2015, protestors participating in a march against homosexuality in Bobo-Dioulasso went to the homes of . ‘families suspected of sheltering homosexuals’ and chanted slogans
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