Senegal's New Anti-Gay Law Threatens HIV Progress

On March 27, 2026, President Bassirou Diomaye Faye enacted a law in Senegal that doubles the maximum prison sentence for same-sex sexual acts to ten years and criminalizes the "promotion" of homosexuality. This legislation has intensified an already hostile environment for LGBTQ+ individuals, leading to a significant increase in arrests and a chilling effect on HIV prevention efforts. Since early February, over 60 individuals have been detained under Article 319 of the penal code, which classifies same-sex relations as "acts against nature." This wave of arrests is unprecedented, marked by forced HIV testing and the imposition of intentional transmission charges for those who test positive.

The Guardian: ‘We fear the epidemic will return’: Senegal’s harsh anti-gay law puts decades of HIV progress in jeopardyThe Guardian

The repercussions of these arrests on HIV healthcare have been immediate and severe. A rapid assessment conducted by Senegal's National Council for the Fight Against Aids (CNLS) revealed a 34.5% decline in consultations across 22 treatment sites from February 26 to 28. Additionally, 44% of men who have sex with men (MSM) reported experiencing depression or anxiety linked to the arrests. Dr. Safiatou Thiam, executive secretary of CNLS, noted that fear of arrest has driven many MSM individuals underground, severely limiting their access to essential health services.

The Guardian

The new law poses a significant threat to Senegal's HIV prevention system, which has historically targeted key populations, including MSM and sex workers. Cécile Kazatchkine from the HIV Legal Network emphasized that the hostile environment created by the law will deter individuals from seeking treatment or testing. The HIV prevalence among MSM in Senegal is alarmingly high, with estimates suggesting rates as high as 49.6% in certain areas of Dakar. This demographic accounted for up to 79% of HIV transmissions in the country between 2012 and 2021.

The Guardian

Human rights organizations have expressed grave concerns regarding the implications of the new law. Alice Bordaçarre from the International Federation for Human Rights warned that the broad framing of the law could criminalize legitimate human rights activities, including those of health workers and NGOs. UNAIDS also urged the Senegalese government to reconsider the legislation, highlighting that new HIV infections in the country have risen by 36% from 2010 to 2024.

The Guardian

While the government has not publicly commented on the law's implications, reports indicate that police are actively monitoring border crossings to prevent individuals from fleeing Senegal. Asylum applications to France have reportedly increased, reflecting the desperation of those seeking safety from persecution. The Senegalese Ministry of Justice and the supreme court have not responded to inquiries regarding the law or its enforcement.

The Guardian

• “We have stopped all our activities. We are no longer safe,” — Amadou Diouf, Refuge Coordinator

The Guardian

• “You can receive a three-year minimum sentence just for saying something that would be perceived as promoting homosexuality.” — Cécile Kazatchkine, HIV Legal Network

The Guardian

• “Patients say they are afraid. They do not want to be arrested,” — Dr. Safiatou Thiam, CNLS

The Guardian

The enactment of this law raises critical questions about the future of HIV prevention efforts in Senegal and the safety of LGBTQ+ individuals within the country.

The Guardian