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WEST AFRICA | Niger criminalises gay sex

Niger has enacted one of the harshest homophobic laws in West Africa, introducing prison sentences of up to 10 years for consensual same-sex relations and up to 20 years for involvement in LGBTQIA+ organisations or same-sex weddings.

The new legislation, reported by Benin Web TV on 11 June, marks a significant shift for the predominantly Muslim country, which until now had no explicit legal ban on homosexuality between consenting adults.

Under the revised penal code, consensual same-sex intimacy is punishable by prison terms ranging from five to 10 years, along with fines of up to 100 million CFA francs, equivalent to roughly €152,000. Participation in a same-sex marriage ceremony can result in sentences of between 10 and 20 years in prison. The same penalties apply to those accused of managing, directing, financing, or simply belonging to organisations or associations deemed to be homosexual or LGBTQIA+.

According to the Associated Press, the law targets anyone who commits or attempts to commit what it describes as “immodest or unnatural acts” or engages in LGBTQIA+ acts. The penal code further stipulates that the same punishment extends to those who officiate same-sex marriages, act as witnesses, consent to the ceremonies, or organise them.

The legislation does not define what constitutes “intersex” or “asexual” acts, despite explicitly referring to them in the text.

Niger is led by President Abdourahamane Tchiani, the former military commander who seized power in a 2023 coup and has ruled as president since 2025.

Although homosexuality had not previously been criminalised in Niger, same-sex relationships remained heavily stigmatised and occasionally resulted in arrests, Erasing 76 Crimes says. Unverified reports suggest that dozens of people had already been detained before the new law formally came into force.

Part of a regional trend

Niger’s decision follows a broader trend across West Africa towards stricter anti-LGBTQIA+ legislation. 

In March, Senegal adopted a law imposing prison sentences of up to 10 years for same-sex relations. Ghana‘s parliament also approved a bill that, if signed into law by the president, would impose prison terms of up to three years on people identifying as LGBTQIA+. 

Neighbouring Burkina Faso and Mali likewise criminalised homosexuality in 2024, having previously lacked specific anti-gay legislation.

Benin Web TV journalist Mohamed Issa noted that homosexuality had not previously been explicitly penalised under Nigerien law. The country’s colonial-era penal code only sanctioned same-sex sexual or indecent acts involving minors under the age of 21. As a result, Niger had been one of the few countries in the region that did not criminalise consensual same-sex relations between adults.

Issa added that human rights organisations had characterised the growing wave of anti-LGBTQIA+ legislation across the region as a setback for civil liberties and individual freedoms. Supporters of the laws, however, argued that they were necessary to defend national religious and cultural values. 

In Niger, where homosexuality has long remained a taboo subject within its predominantly Muslim society, the issue had been socially contentious even before its inclusion in the penal code.

With penalties ranging from five years’ imprisonment for consensual same-sex relations to 20 years for organising or financing LGBTQIA+-related associations, the new legislation places Niger among the most repressive countries in the sub-region when it comes to LGBTQIA+ rights.

LGBTQIA+ and travel

🇧🇪 Blogger, keen vexillologist, train conductor NMBS/SNCB, traveller, F1 follower, friend of Dorothy.

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