San Francisco Frontiers - Niger criminalises same-sex relations with jail terms

Although a taboo subject, same-sex relations had not been a criminal offence in Muslim-majority Niger.

General Abdourahamane Tiani, the head of the military government, has prioritised sovereigntist and anti-Western policies since seizing power in July 2023 and been critical of some Western values.

Under Niger's new law, same-sex relations will be punishable by a jail term of between five and 10 years and a fine.

It also says that anyone committing or trying to commit "an indecent or unnatural act, or Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual (LGBTQIA+) practices" will face the same penalty.

It adds that "anyone who enters into marriage with a person of the same sex" faces 10 to 20 years' imprisonment.

It stipulates the same sentence for "any person who manages, directs, operates, finances or participates in clubs, societies, organisations or associations for homosexuals or LGBTQIA+ people".

- 'Large-scale crackdown' -

The penal code reform was initiated under Niger's previous civilian president Mohamed Bazoum under pressure from Muslim groups and lawmakers. Bazoum was overthrown in the 2023 coup.

The enactment of the new code took effect in February but had gone unnoticed in the country until social media and media outlets announced in recent days a "large-scale crackdown".

Justice Minister Alio Daouda said recently that Niger had legislated "in full responsibility and sovereignty" because same-sex relations do not "conform to its social and cultural values".

He said he had already outlined Niger's position on the matter at the last session of the United Nations Human Rights Council in Geneva.

In July last year, two women in Niger accused of "public indecency" -- the term used at the time to prosecute possible same-sex relationships -- were sentenced to prison after the public prosecutor appealed their initial acquittal, according to a source close to the case.

Prosecutors had sought a three-year jail sentence against them.

In 2024, the government removed certain sexual education lessons from the school curriculum, saying the material "undermines the values" of the country.

It also ordered the removal of an app raising awareness about women's sexual and reproductive health, designed by NGOs.

Niger is the latest country to adopt or increase such penalties.

Since last year, Burkina Faso has punished same-sex relations with five years in prison.

Ghana in recent weeks has adopted the sentence of three years in prison, and Senegal last month doubled the maximum penalty for same-sex relations.

L.Ramos--SFF