Niger’s Penal Code Criminalises Homosexuality, Prompting Arrests and Health Concerns

In February 2026 Niger introduced a penal code criminalising “indecent or unnatural acts” and same-sex relations. Authorities have detained up to 40 people, imprisoning 16 men. Penalties range from ten to twenty years’ imprisonment and fines from 100 million to 500 million CFA francs.

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Gen. Abdourahamane Tchiani seized power in a July 2023 coup, dissolved parties and became president in 2025. His regime adopted the March 2025 Charter of the Refoundation, which already barred LGBTQ+ relations, before enacting the February 2026 penal code. The reforms began under president Mohamed Bazoum.

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The law has led to 40 arrests and 16 imprisonments. Fines reach 100 million CFA for same-sex acts and 500 million CFA for supporting LGBTQ+ groups. About 32 000 HIV infections were recorded in 2023, while another source cites 32 000 adults with HIV/AIDS. West and Central Africa saw a 49 % decline in infections (2010-2022); sub-Saharan Africa accounts for 64 % of global HIV cases. Niger joins 65 nations that criminalise homosexuality, 33 in Africa.

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Criminalisation forces LGBTQ+ people into hiding, halting condom distribution, testing and pre-exposure prophylaxis (PrEP). HIV service providers have ceased operations, raising the risk of undetected transmission and worsening the epidemic.

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Front Line Defenders issued a statement expressing concern and urging repeal of all anti-LGBTQ+ provisions. Niger’s government offered no defence. In June 2026 the country voted against the UN political declaration on HIV/Aids.

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Larissa Kojoué says leaders invoke “African values” to advance agendas while undermining rights. Téa Braun calls the law a blatant disregard for human-rights law. HIV workers describe the climate as “truly toxic.”

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One source reports 32 000 HIV infections in 2023; another reports 32 000 adults living with HIV/AIDS, showing a discrepancy between incidence and prevalence.

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• “With the recent witch-hunt, and these arrests that are taking place, the climate here is truly toxic,” — Anonymous HIV support worker, Niger

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• “When people go into hiding, we won’t see them and they won’t be able to protect themselves. So you see the impact [this penal code] has. We are truly saddened by it.” — Anonymous HIV support worker

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• “Political leaders are using this to advance their own political agenda,” — Larissa Kojoué, political scientist and pan-African activist

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• “In a statement, the international human rights group Front Line Defenders said it was “deeply concerned” about developments in Niger, and called on authorities “to repeal all provisions that criminalise individuals on the basis of their sexual orientation or gender identity, as well as the individuals supporting and defending them”.” — Front Line Defenders

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International human-rights bodies may launch inquiries, and diplomatic pressure could increase as NGOs warn of worsening HIV outcomes unless the penal code is amended.

The Guardian