Niger: up to 20 years in prison under the new law against homosexuality

Niger has adopted a new penal code that penalizes same-sex relations for the first time, which carry prison sentences. According to this text, the provisions were reported on Thursday, June 11, by a judicial source citing the official journal, sexual relations between same-sex individuals are punishable by five to less than ten years of imprisonment, accompanied by a fine of up to 100 million CFA francs, approximately 152,000 euros.

The code provides for heavier penalties for other offenses it creates. Entering into a marriage with a same-sex person is punishable by ten to twenty years in prison. The same penalty applies to anyone who manages, directs, finances, or participates in clubs, societies, or associations labeled as homosexual or “LGBTQIA+.” The text targets anyone who “engages or attempts to engage in sexual relations with a same-sex person,” and also mentions so-called intersex and asexual practices.

Until this reform, homosexuality was not explicitly penalized by Nigerien law. The penal code inherited from the colonial period only sanctioned, through article 282, sexual or indecent acts committed against a minor of less than 21 years of the same sex. Niger was thus one of the few countries in the region that did not penalize homosexual relations between consenting adults.

Initiated under the previous civilian regime of President Mohamed Bazoum, who was overthrown in July 2023, the reform had been championed by Muslim organizations and parliamentarians invoking the religious and cultural beliefs of the country. It was promulgated by military authorities led by General Abdourahamane Tiani, who have pursued a sovereignist and critical direction toward Western powers since the coup, accused of imposing their values.

A Regional Hardening

Niger joins several West African countries that have recently tightened their legislation against LGBT individuals. In Senegal, lawmakers adopted a reform of article 319 of the penal code on March 11, 2026, increasing sanctions for acts deemed “against nature.” Burkina Faso and Mali criminalized homosexuality in 2024, and the Ghanaian Parliament voted the same year on a law that aggravated penalties targeting LGBT individuals.

This movement has been described by human rights organizations as a setback for freedoms on the continent. Proponents of these texts, in contrast, present it as a defense of national religious and cultural values. In a predominantly Muslim Nigerien society, homosexuality remains a taboo subject even before its inclusion in the penal code.

The new provision now places Niger among the most repressive legislations in the sub-region in this area, with a scale of penalties ranging from five years imprisonment for relations between same-sex adults to twenty years for organizing or financing related associations.