Niger has become the latest West African country to crack down on its LGBTQ community, with at least 16 people detained under a new penal code that criminalises same-sex relationships, a judicial source told Reuters.
Those arrested include senior customs and police officials as well as civilians. The source said the operation is still underway and is expected to expand. “The operation is ongoing. It will target certain facilities where people of the same sex live together,” the source said, identifying army barracks and college campuses as possible next targets.
The arrests came after the new penal code was published in the country’s official gazette on March 27. It marks the first time Niger has made consensual same-sex relations a criminal offence. Anyone convicted faces five to 10 years in prison and fines ranging from 10 million to 100 million CFA francs, or about $18,000 to $180,000. The law imposes even tougher penalties for same-sex marriage, with prison terms of 10 to 20 years, according to the document reviewed by Reuters.
The legislation also targets organisations. Anyone found to be operating an LGBTQ group can be fined between 50 million and 500 million CFA francs. Those convicted of managing, financing or belonging to such organisations face prison terms of 10 to 20 years. A government spokesperson did not respond to Reuters’ request for comment.
Until now, homosexuality was not explicitly illegal in the Muslim-majority country, although it remained heavily stigmatised. The previous colonial-era penal code only criminalised same-sex acts involving people under the age of 21.
That changed under the military government led by General Abdourahamane Tiani, who seized power in a 2023 coup and has since pursued a strongly anti-Western agenda. A justice ministry adviser confirmed the new code took effect in June. It applies to anyone who “commits or attempts to commit an immodest or unnatural act or practices lesbian, gay, bisexual, trans-gender, Queer, intersex, Asexual (LGBTQIA+) acts.”
The same penalties apply to anyone who officiates, witnesses or consents to a same-sex marriage. The law also criminalises anyone who “artificially changes or attempts to change their birth sex.”
Niger’s decision reflects a wider trend across West Africa. Senegal strengthened penalties for same-sex activity this year, while Burkina Faso and Mali both criminalised homosexuality for the first time in 2024. Human rights groups argue the laws expose LGBTQ people to arrest, violence and discrimination. Supporters say they protect cultural and religious values shared by much of the region.
According to the Human Dignity Trust, Niger now joins more than 30 of Africa’s 54 countries, and more than 65 countries worldwide, that criminalise consensual same-sex relations.
The latest crackdown follows earlier actions by the authorities. Last year, two women were jailed for “public indecency,” a charge that had previously been used to prosecute suspected same-sex relationships, after prosecutors overturned their acquittal on appeal. In 2024, the government also removed sex education from the school curriculum and ordered the withdrawal of an NGO-developed reproductive health app, saying the material conflicted with the country’s values.
By: Andrews Kwesi Yeboah