In a significant shift, Niger has explicitly criminalized LGBTQIA+ identities through a new penal code. This move, led by the military junta that took power in, aligns the country with a growing trend across Africa to enforce anti-LGBTQIA+ legislation. The new laws, which include severe penalties, mark a stark turn in the nation’s legal landscape.
The new penal code, promulgated in, introduces harsh penalties for a range of activities related to LGBTQIA+ identities. These activities include engaging in same-sex relationships, publicly displaying same-sex affection, and undergoing gender transition procedures. The laws also target those who support or facilitate LGBTQIA+ activities, including organizers of events and associations.
Severe Penalties and Legal Repercussions
The new legislation outlines a range of penalties for various offenses. For instance, individuals found guilty of engaging in same-sex relationships or attempting to do so face 5 to 10 years in prison. Additionally, those who publicly display same-sex affection or attempt to change their gender identity artificially can also face similar penalties. The fines for these offenses can reach up to 100 million francs CFAequivalent to approximately 150,000 euroswhich is roughly two centuries of the average salary in Niger.
The legislation also targets those who facilitate or support LGBTQIA+ activities. For example, individuals who officiate same-sex marriages, act as witnesses, or provide consent for such marriages face 10 to 20 years in prison. Similarly, those who manage, finance, or participate in LGBTQIA+ clubs, events, or associations are subject to severe penalties. This comprehensive approach aims to eradicate LGBTQIA+ visibility and support networks within the country.
The Context of Rising Homophobia in Niger
Before the new legislation, Niger already had a hostile environment for LGBTQIA+ individuals. The country’s predominantly Muslim population exhibits high levels of intolerance towards LGBTQIA+ identities, with surveys indicating that 94% of Nigeriens reject same-sex relationships. This intolerance was reflected in the legal system, where individuals could be prosecuted for indecent acts or offenses against public decency.
In 2026, two young women were prosecuted for sharing intimate videos on social media, highlighting the existing legal challenges faced by LGBTQIA+ individuals. Although the court acknowledged the lack of explicit laws criminalizing same-sex relationships, the case sparked calls for more stringent legislation. In, a group of deputies proposed a law to explicitly criminalize homosexuality, framing it as a foreign problem that needed to be addressed.
The Rise of State-Sponsored Homophobia
The military coup in, which brought General Abdourahamane Tiani to power, occurred amidst growing anti-Western sentiment and a rise in sovereignist discourse. The new regime quickly targeted LGBTQIA+ issues as part of its broader agenda. In autumn 2026, the Minister of Education warned of subversive attempts by foreign powers and local collaborators to introduce LGBTQIA+ debates into schools. The government vowed to identify and prosecute those responsible for these contrary to our laws and morals.
In 2026, the regime introduced a Charter of Refoundationwhich served as a new constitution. The charter, recognizing Islam as the majority religion, emphasized inclusion and tolerance while explicitly prohibiting LGBTQIA+ practices. This set the stage for the new penal code, which was promulgated in and gained public attention in June 2026 following the arrest of an influencer in Niamey. The influencer was found wearing perles à la hanchea symbol of femininity, which authorities interpreted as evidence of their sexual orientation.
The arrest sparked a wave of media attention, with reports of a judicial earthquake targeting LGBTQIA+ individuals. Media outlets like Miroir de l’Ader and L’Enquêteur called for a green line to report cases of homosexuality and moral depravity. The government’s crackdown on LGBTQIA+ individuals reflects a broader trend across Africa, where several countries, including Burkina Faso, Senegal, Ghana, and Uganda, have implemented similar anti-LGBTQIA+ laws.
