Niger has promulgated a new Penal Code which criminalizes homosexuality for the first time, but also “intersex” and “asexual” practices, with heavy penalties of up to twenty years in prison, a judicial source said on Thursday, May 11, citing the Official Journal.
If homosexuality remained until now a taboo in a largely Muslim and conservative Nigerian society, it was not explicitly criminalized. Several African countries, such as Burkina Faso, Senegal and Ghana, have recently toughened their laws against LGBT+ people.
According to the new Nigerien Penal Code, “any person who commits or attempts to commit an immodest or unnatural act or practices Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual (LGBTQIA +), maintains or attempts to maintain sexual relations with a person of the same sex, is punished by imprisonment of five years to less than ten years” and a fine of up to 100 million CFA francs. (€150,000).
Sentences of 10 to twenty years in prison
Asexual people are people who do not feel sexual attraction towards others, and intersex people are people born with sexual characteristics that do not fit into the classic masculine/feminine definition (atypical genitals, atypical hormonal production, atypical chromosomes, etc.).
Other articles of the Nigerien Penal Code are even harsher, notably for “anyone who contracts a marriage with a person of the same sex”, which is punishable by 10 to 20 years of imprisonment. The same penalty is provided for “any person who manages, directs, operates, finances or participates in clubs, societies, organizations or associations for homosexuals or LGBTQIA +”.
This reform of the Penal Code began under the previous civilian regime of President Mohamed Bazoum, urged by Muslim organizations and deputies. He was overthrown in a military coup on July 26, 2023.
