Nation bans both homosexuality and ‘asexual’ acts, with penalties ranging from 5-10 years in prison

“Niger’s military junta announced a new penal code that criminalizes homosexuality,” reports the Associated Press. Oddly, it punishes “asexual acts” as well:

The West African nation is the latest to criminalize homosexuality, following similar measures earlier this year in Senegal.

The new penal code punishes anyone who “commits or attempts to commit an immodest or unnatural act or practices lesbian, gay, bisexual, trans-gender, Queer, intersex, Asexual (LGBTQIA+) acts” with between five and 10 years in prison and a fine, according to the text of the new penal code.

“This same penalty is applicable to persons who officiated the marriage, to the witnesses of the alleged spouses, as well as to persons who have given their consent for the celebration of the marriage and to the organizers,” the new penal code said.

The law took effect on Thursday. Previously, homosexuality wasn’t illegal in Niger, but has been heavily stigmatized.

Laws prohibiting homosexuality are common across Africa: more than 30 of the 54 countries criminalize same-sex sexual acts. Niger has joined countries like Senegal, Kenya, Sierra Leone and Tanzania, where penalties can include 10 or more years of imprisonment. In Somalia, Uganda and Mauritania, the offense can carry the death penalty.

What does it mean to punish “acts” that are “asexual”? Does having a platonic relationship constitute an “asexual act” that violates this prohibition?

Ghana’s parliament recently criminalized “identifying” as lesbian, gay, bisexual, transgender or queer be punished by up to three years’ imprisonment. The bill also introduces a “duty to report” prohibited acts to police. Anyone who identifies as an “ally”, a general term for a supporter of LGBTQ+ people, could also face a prison sentence. In a western country, such restrictions on being pro-gay would be viewed as a violation of free speech, under Supreme Court rulings like One, Inc. v. Olesen (1958).

Senegal also recently imposed penalties of 5-10 years in prison for homosexuality, as well as penalties of 3-7 years for people who “promote” homosexuality.

Previously, same-sex relations had merely been a misdemeanor in Senegal. Senegal’s prime minister claims a “tyrannical” west wants to “impose” homosexuality on his country.

On the other hand, the high court in Namibia, a country in southwest Africa, recently struck down laws against gay sex. Gay sex was legalized in several African countries in recent years, such as Angola in 2021, Gabon in 2020, and in Mozambique and the Seychelles. In 2019, Botswana’s High Court struck down the criminalization of gay sex.