A New Penal Code Targets LGBTQ+ Individuals
Niger’s military government has intensified a crackdown on LGBTQ+ individuals following the implementation of a new penal code that criminalizes same-sex relations. Human rights organizations report that dozens of people have been arrested across the country, as the regime under Abdourahamane Tiani continues to consolidate power and enforce strict social policies.
Stiff Penalties for Private Lives and Advocacy
The current legal environment in Niger is defined by a penal code enacted in February. According to reports, this legislation marks the first time in the country’s history that homosexuality has been criminalized. The law mandates prison sentences of up to 10 years and fines reaching 100m West African CFA francs (£130,000) for “indecent or unnatural acts” and “sexual relations with a person of the same sex.”
Beyond individual criminalization, the state has imposed severe penalties for those involved in LGBTQ+ advocacy or social structures. Participating in, witnessing, or organizing a gay marriage can result in up to 20 years of imprisonment. Furthermore, individuals or organizations found to be involved in clubs, societies or organisations for LGBTQ+ people face potential prison terms and fines of up to 500m CFA.
Public Health Initiatives Forced Underground
The crackdown has effectively halted essential public health initiatives. Organizations that previously provided HIV-related services, including condom distribution, testing, and PrEP, have been forced to cease operations. Health advocates warn that this environment poses a significant risk to disease management.
Sub-Saharan Africa remains disproportionately affected by HIV, accounting for 64% of all people living with the virus globally. While the region saw a 49% decline in new infections between 2010 and 2022, local sources indicate that the current climate of fear is driving vulnerable populations into hiding, complicating efforts to provide medical care.
Alignment Within the Alliance of Sahel States
The legislative changes in Niger reflect a broader trend of increasingly punitive laws against LGBTQ+ people across sub-Saharan Africa. The government of Abdourahamane Tiani, which took power in a July 2023 coup, has sought to distance the country from the Economic Community of West African States (Ecowas) and has aligned with the military-led governments of Mali and Burkina Faso under the Alliance of Sahel States.
This legislative path mirrors actions taken by neighboring nations. For example, Uganda enacted the 2023 Anti-Homosexuality Act, which made homosexual acts punishable by death. Senegal has also strengthened its laws, doubling the maximum prison term for same-sex relations to 10 years and criminalizing the “promotion” of homosexuality.
International Rejection of HIV/AIDS Declaration
Human rights groups have expressed alarm over the developments in Niger. Front Line Defenders, an international organization, issued a statement calling on authorities “to repeal all provisions that criminalise individuals on the basis of their sexual orientation or gender identity, as well as the individuals supporting and defending them.”
The political shift is further evidenced by Niger’s recent voting record on the international stage. Last week, Niger was among eight countries that voted against the UN’s political declaration on HIV/Aids, which was adopted by 149 votes. As the government continues to prioritize its Charter of the Refoundation over previous constitutional protections, activists argue that the use of “sovereignty” and “African values” is being leveraged to undermine human rights and dismantle existing civil society networks.