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Niger’s military-led government has enacted a new penal code that criminalises same-sex relations for the first time in the country’s history, introducing prison sentences of up to 20 years for certain offences, according to provisions published in the official gazette.
Under the new law, individuals found guilty of engaging in same-sex relations face prison terms ranging from five years to less than 10 years, in addition to fines.
The legislation also imposes harsher penalties on same-sex marriages, prescribing sentences of between 10 and 20 years in prison for anyone who enters into a marriage with a person of the same sex.
The law further criminalises activities linked to LGBTQIA+ organisations. Anyone who manages, directs, finances, operates or participates in associations or groups for homosexual or LGBTQIA+ persons could face the same 10- to 20-year prison sentence.
The new law is part of a broader “Charter of Refoundation” first adopted by the country’s military junta in March 2025.
While the charter establishes the prohibition, specific penalties for violations had not yet been enacted until the penal code came into force.
Niger, a predominantly Muslim nation, had previously been among a minority of African countries where consensual same-sex relations were not explicitly criminalised, despite strong social stigma surrounding homosexuality.
Human rights groups note that the country only moved to outlaw same-sex relations in recent years under transitional authorities following the 2023 military coup.
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According to legal sources cited by state publications, the penal code reform was initially launched during the administration of former President Mohamed Bazoum, who was ousted by the military in July 2023.
The reform reportedly came amid pressure from conservative Muslim groups and lawmakers seeking stricter legislation on issues related to sexuality.
The move places Niger alongside a growing number of African countries that have tightened laws targeting LGBTQ people in recent years.
In neighbouring Burkina Faso, authorities moved in 2024 to criminalise homosexuality, while Senegal approved legislation in 2026 increasing penalties for same-sex sexual activity.
Rights organisations have repeatedly criticised such laws, arguing that they expose LGBTQ individuals to discrimination, arrest and social exclusion.
Supporters of the measures, however, say they reflect prevailing cultural and religious values in their respective countries.
The enactment of the new penal code marks a significant shift in Niger’s legal framework and is expected to draw scrutiny from international human rights advocates and foreign partners monitoring developments in the Sahel nation.
