Metro Weekly

Niger Criminalizes Homosexuality Under New Penal Code

Following a military coup, Niger's ruling junta has imposed a penal code that punishes same-sex conduct with up to 10 years in prison.

Flag of Niger - Illustration: Kreativorks via iStockphoto
Flag of Niger – Illustration: Kreativorks via iStockphoto

Niger’s military junta has enacted a new penal code criminalizing homosexuality.

The West African nation is the latest African country to criminalize homosexuality, just months after Senegal doubled the penalty for consensual same-sex relations.

The new penal code, which took effect on June 11, punishes anyone who “commits or attempts to commit an immodest or unnatural act or practices lesbian, gay, bisexual, trans-gender, Queer, intersex, Asexual (LGBTQIA+) acts” with five to 10 years in prison and a fine. How authorities would determine what constitutes an “asexual act” remains unclear.

The same penalties also apply to people who officiate, witness, or help organize same-sex marriages, as well as those who rent or provide space for such ceremonies.

Although homosexuality was not previously illegal in Niger, it remained heavily stigmatized in the predominantly Muslim nation.

Currently, 66 countries — including 33 in Africa — criminalize homosexuality or transgender identity. In Somalia, Uganda, and Mauritania, people can face the death penalty for same-sex conduct.

In December 2024, the neighboring country of Mali criminalized homosexuality following a military coup. Last September, lawmakers in nearby Burkina Faso passed a law criminalizing homosexuality, despite not inheriting a colonial-era penal code from European colonizers that makes “sodomy” illegal, following its own military coup.

Last month, lawmakers in Ghana passed a bill expanding existing prohibitions on homosexuality by criminalizing the promotion of “LGBTQ activities” and advocacy for LGBTQ rights, with penalties of up to 10 years in prison.

 

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