Officials in Niger have arrested at least 16 people under harsh new laws punishing same-sex sexual relations, reports Africa News:
The arrests come weeks after a new law imposed lengthy prison terms and heavy fines, placing Niger among a growing number of West African states tightening restrictions on sexual minorities. At least 16 people, including senior customs and police officials as well as several civilians, have been arrested under Niger’s new legislation criminalizing same-sex sexual relations…The operation is still underway and is expected to extend to locations where authorities believe same-sex couples may be living together, including military barracks and university campuses….Same-sex sexual relations are now punishable by prison sentences ranging from five to 10 years, alongside fines of between 10 million and 100 million CFA francs (approximately $18,000 to $180,000).
The legislation goes further by prescribing prison terms of 10 to 20 years for individuals found to be in same-sex marriages.
It also targets advocacy groups, with organizations supporting LGBTQ rights facing fines of between 50 million and 500 million CFA francs if found to be operating in the country.
Niger’s new law punishes not just gay sex, but also “asexual acts” (whatever that means), being pro-gay, and LGBTQIA acts in general. The Associated Press reported earlier that Niger’s
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.
It is not clear what it means 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 or friendly to gays would be viewed as a violation of free speech and freedom of association, 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.
