Niger has just taken a major legislative step by adopting a new penal code. For the first time in its history, the country explicitly criminalizes same-sex relations, thus aligning itself with the stricter legislation seen in several of its West African neighbors.

A heavy arsenal of repression

According to details in the Official Journal reported by a judicial source on Thursday, June 11, the new legislation introduces severe financial and prison penalties:

1. Homosexual relations: Sexual relations between adults of the same sex are now punishable by 5 to 10 years imprisonment , along with a record fine of up to 100 million CFA francs (approximately 152,000 euros). Attempting to commit homosexual acts is also punishable.
2. Same-sex marriage: Unions between people of the same sex are punishable by 10 to 20 years imprisonment .
3. Associations and activism: Anyone who participates in, manages or finances clubs, societies or organizations described as homosexual or “LGBTQI+” also faces 10 to 20 years in prison .
4. Other provisions: The text also targets certain practices described as intersex and asexual.

The end of a Nigerien exception

Before this reform, Niger stood out in the sub-region as one of the few states that did not criminalize consensual homosexual relations between adults. The old penal code, inherited from the colonial era, only condemned sexual acts involving minors of the same sex under the age of 21.

Background of the text: Initiated under the civilian presidency of Mohamed Bazoum (overthrown in July 2023), this overhaul of the penal code had received a wide echo among deputies and religious organizations, who invoked the protection of cultural values and faith.

A trend towards regional hardening

Finally promulgated by the military authorities currently in power, this law is part of a dual dynamic:

1. At the national level: It reflects the sovereignist line affirmed by the regime in place, characterized by a rejection of Western cultural influences.
2. At the regional level: It echoes the tightening of anti-LGBT legislation observed in several West African countries.

While local governments justify these measures by the safeguarding of national and religious traditions, international human rights organizations denounce an alarming decline in fundamental freedoms.