A sweeping anti-LGBTQ+ crackdown in Niger is raising alarm among human rights organizations and HIV advocates after dozens of people were reportedly arrested under a new penal code that criminalizes same-sex relationships for the first time in the country’s history.
The arrests have also disrupted HIV prevention efforts, with community organizations reporting that many LGBTQ+ people have gone into hiding while access to condoms, HIV testing and pre-exposure prophylaxis (PrEP) has effectively collapsed for some of the country’s most vulnerable populations.
The developments mark a dramatic shift in Niger, where consensual same-sex relationships had not previously been explicitly outlawed.
New Penal Code Criminalizes Same-Sex Relationships
Niger enacted a revised penal code in February that introduced criminal penalties for what it describes as “indecent or unnatural acts” and “sexual relations with a person of the same sex.”
According to reporting from The Guardian, the law allows prison sentences of up to 10 years for same-sex intimacy. Reuters, citing a copy of the penal code reviewed by the news agency, reported that some offenses may carry penalties of up to 20 years in prison.
The legislation also extends beyond personal relationships. Individuals who participate in, witness or organize same-sex marriages can face lengthy prison terms, while people or organizations connected to LGBTQ+ groups may also be prosecuted under the new law.
The legal overhaul follows years of political upheaval in the West African nation.
Gen. Abdourahamane Tchiani seized power in a military coup in July 2023 before being sworn in as president in 2025 for a five-year transitional term. His government has since dissolved political parties and pursued broader constitutional and legal changes under the Charter of the Refoundation.
Arrests Fuel Fear Across LGBTQ+ Communities
Human rights groups say enforcement of the new law has created a climate of fear.
The Guardian reported that as many as 40 people have been arrested in connection with homosexuality since the law took effect. Reuters, citing a judicial source, confirmed that at least 16 people have been detained, including several high-ranking military officials.
A source involved in HIV outreach, who requested anonymity because of security concerns, described the situation as increasingly dangerous.
“With the recent witch-hunt, and these arrests that are taking place, the climate here is truly toxic.”
The source said many LGBTQ+ people have disappeared from public view out of fear of arrest.
“LGBTQ+ populations are keeping a low profile and have gone into hiding because they are at risk. We have lost contact with many and the recent arrests have exacerbated tensions.”
Human rights organization Front Line Defenders said it is “deeply concerned” by the arrests and urged Niger’s government to repeal laws that criminalize people based on their sexual orientation or gender identity.
HIV Prevention Efforts Face Major Setback
Advocates warn that the consequences extend well beyond criminal enforcement.
Organizations serving men who have sex with men have reportedly suspended operations, leaving many without access to condoms, HIV testing and PrEP, a medication that significantly reduces the risk of contracting HIV.
The anonymous HIV worker warned that the interruption could reverse years of public health progress.
“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.”
Public health experts have long cautioned that criminalizing LGBTQ+ communities often discourages people from seeking healthcare, making HIV prevention and treatment more difficult.
Although western and central Africa recorded a 49% decline in new HIV infections between 2010 and 2022, sub-Saharan Africa continues to account for nearly two-thirds of people living with HIV worldwide. Niger alone recorded an estimated 32,000 new HIV infections in 2023.
Last week, Niger was also among eight countries that voted against the United Nations political declaration on HIV/AIDS, which ultimately passed with support from 149 countries.
Part Of A Broader Regional Trend
Niger’s law reflects a wider pattern unfolding across parts of sub-Saharan Africa.
Several countries have introduced or strengthened legislation targeting LGBTQ+ people in recent years. Uganda’s Anti-Homosexuality Act drew international condemnation after introducing some of the world’s harshest penalties for same-sex conduct. Senegal recently expanded criminal penalties tied to same-sex relationships, while Ghana has considered legislation targeting LGBTQ+ advocacy organizations.
Political scientist and pan-African activist Larissa Kojoué rejected arguments that homosexuality represents a foreign influence imposed on African societies.
“Political leaders are using this to advance their own political agenda,” she said. “They claim ‘African values,’ sovereignty and culture, all the while happily undermining human rights for people.”
She added:
“There is no culture that encourages violence against innocent people, or that doesn’t hold perpetrators of violence accountable. But on the [African] continent you can do whatever you want with LGBTQ+ people and get away with it.”
For LGBTQ+ advocates, the concern now extends beyond arrests. They warn that criminalization, combined with shrinking access to healthcare, could have lasting consequences for both human rights and public health in Niger.