A “witch-hunt” is underway in Niger, where dozens of people have been arrested for homosexuality following the introduction of a new penal code earlier this year that criminalizes same-sex relations for the first time in the country’s history.
Up to 40 people have been arrested, and 16 men, including high-ranking military officials, have been imprisoned across the country, according to local media. Organizations providing HIV services to men who have sex with men have had to stop working.
“With the recent witch-hunt and these arrests that are taking place, the climate here is truly toxic,” said a source who asked to remain anonymous. “LGBTQ+ populations are keeping a low profile and have gone into hiding because they are at risk. We have lost contact with many, and the recent arrests have exacerbated tensions.”
The New Penal Code
Niger’s new penal code, enacted in February, dictates that “indecent or unnatural acts” and “sexual relations with a person of the same sex” are punishable by imprisonment of up to 10 years and a fine of up to 100 million West African CFA francs (£130,000).
It is the first time in the country’s history that homosexuality has been criminalized. The changes follow the introduction of similar laws and penal codes in neighboring Mali and Burkina Faso within the past two years.
As well as harsh punishments for same-sex relations, the code also mandates prison terms of up to 20 years for those participating in, witnessing, or organizing a gay marriage. Any person or organization involved with clubs, societies, or organizations for LGBTQ+ people, either directly or indirectly, is liable to be imprisoned for up to 20 years and face a fine of up to 500 million CFA.
The Political Context
Gen Abdourahamane Tchiani, the head of the military government, seized power in a coup d’état in July 2023 and was sworn in as president in 2025 for a term of five years, dissolving all political parties in the country. The former UN peacekeeper has pushed anti-imperialist rhetoric and formed the Alliance of Sahel States with Burkina Faso and Mali, breaking away from the Economic Community of West African States.
Larissa Kojoué, a political scientist and pan-African activist, dismissed the idea of homosexuality being somehow linked to Western culture. “Political leaders are using this to advance their own political agenda,” she said. “They claim ‘African values’, sovereignty and culture, all the while happily undermining human rights for people.”
She added: “There is no culture that encourages violence against innocent people, or that doesn’t hold perpetrators of violence accountable. But on the continent, you can do whatever you want with LGBTQ+ people and get away with it.”
The Health Consequences
Men who have sex with men no longer have access to condoms, testing services, or PrEP, the medication protecting against HIV. The anonymous source warned of the risk of HIV infections spreading: “When people go into hiding, we won’t see them and they won’t be able to protect themselves. So you see the impact this penal code has. We are truly saddened by it.”
Last week, Niger was among eight countries that voted against the UN’s political declaration on HIV/Aids. While Western and central Africa have seen a 49% decline in new infections between 2010 and 2022, sub-Saharan Africa remains disproportionately affected, representing 64% of all people living with HIV globally. There were an estimated 32,000 new infections in Niger in 2023.
A Regional Trend
The reform of Niger’s penal code is part of a trend across sub-Saharan Africa toward more punitive legislation against LGBTQ+ people. Examples include Uganda’s 2023 Anti-Homosexuality Act, which made homosexual acts punishable by death; a new law in Senegal doubling the maximum prison term to 10 years; and a bill in Ghana criminalizing groups promoting gay rights.
Globally, half of the 66 countries that criminalize consensual same-sex acts are African.
In a statement, the international human rights group Front Line Defenders said it was “deeply concerned” about developments in Niger, and called on authorities “to repeal all provisions that criminalise individuals on the basis of their sexual orientation or gender identity, as well as the individuals supporting and defending them.”
The Bottom Line
Niger’s military regime has launched a “witch-hunt” against the LGBTQ+ population, arresting at least 40 people under a new penal code that criminalizes same-sex relations for the first time in the country’s history. The code imposes prison terms of up to 10 years for homosexuality and up to 20 years for organizing or witnessing a gay marriage. Health services for men who have sex with men have been shut down, raising fears of a resurgence in HIV infections. The crackdown is part of a broader trend across sub-Saharan Africa toward more punitive legislation against LGBTQ+ people.
