The Republic of Niger has enacted new legislation that criminalizes homosexuality and same-sex marriage, marking a significant shift in the legal landscape of the West African nation. These changes come amidst a broader regional trend in former French colonies, where similar laws have been implemented in recent years.
The new penal code, approved by Niger’s military rulers earlier this month, imposes penalties of five to ten years in prison for anyone found guilty of engaging in or attempting to engage in immodest or unnatural actsa term that includes LGBTQIA+ activities. The law also extends to those who officiate, witness, or consent to same-sex marriages, as well as the organizers of such ceremonies.
Niger’s Legal Landscape Under Military Rule
Niger has been under the control of a military junta known as the National Council for the Safeguard of the Homeland since a coup in. The country, one of the poorest in the world, has seen a series of legal and political changes under this new regime. In, Niger formed the Alliance of Sahel States with Mali and Burkina Faso, two other nations ruled by military juntas, to resist foreign intervention aimed at restoring democracy.
The Alliance of Sahel States has framed the criminalization of homosexuality as a means to reject colonial influences. This stance is particularly notable given that France, the former colonial power, was one of the first countries to decriminalize sex between men following the French Revolution in 1791. Unlike many African nations that inherited anti-homosexuality laws from British colonial rule, the Alliance of Sahel States presents these new laws as a step towards decolonization.
The Broader Regional Context
The criminalization of homosexuality in Niger is part of a growing trend in the Sahel region. Burkina Faso enacted similar laws in September last year, and Mali followed suit in 2026. All three countries are grappling with insurgencies by jihadist groups affiliated with al-Qaida or the Islamic State, which has influenced their domestic policies.
The new laws in Niger have raised questions about the definition and proof of asexual actsa term that appears in the penal code but lacks clear criteria. This ambiguity has sparked concerns about the potential for arbitrary enforcement and the impact on the LGBTQIA+ community.
As the region continues to navigate political and social changes, the implications of these laws on human rights and international relations remain a critical area of focus.
