Version imprimableCriminalization now explicit
A new milestone has therefore been reached in the repression of the LGBTI community, with the appearance in the new Penal Code of several articles explicitly criminalising same-sex relations.
This decision marks a break: until now, same-sex relations were not explicitly prohibited in the country, although strongly stigmatized.
From now on, “committing or attempting to commit an indecent or unnatural LGBTQIA+ (lesbian, gay, bisexual, transgender, queer, intersex or asexual) act or practice” is punishable by five to ten years in prison and heavy fines (around 150,000 euros), while weddings and their participants (organizers, witnesses and so on) can be punished by ten to twenty years in prison. A similar penalty will be put in place for “any person who manages, directs, operates, finances or participates in clubs, societies, organizations or associations for homosexuals or LGBTQIA+.”
It is therefore in truth the entire LGBTI community that is targeted, because, although officially no law has been passed against trans identity, sex and gender transition is indeed an integral part of the abbreviation “LGBTQIA+” and is, as such, just as targeted by this new Penal Code.
A hardening of authoritarianism amidst political instability
Far from being an isolated measure, this criminalization is part of a context of hardening authoritarianism since the 2023 coup. The constitution was suspended by the junta on July 26, 2023. At the same time, the borders are closed and the institutions (civil government, institutions of the 7th Republic, parliament and assemblies and so on) suspended. The constitution, since 2025, has been replaced by a transitional charter.
Niger’s step backwards is all the more worrying as it is part of a broader dynamic that has been taking place in recent years in West Africa, where several states have recently strengthened their anti-LGBTI legislation. Indeed, more than 30 out of 54 countries on the African continent criminalize homosexual relations. Countries such as Senegal or Tanzania can go up to ten years in prison, five years in Burkina Faso. Others, such as Uganda or Somalia, punish them with the death penalty.
These repressive policies can be attributed to conservative religious pressures. But also and above all to an anti-Western discourse instrumentalized in order to serve a conservative goal: since coming to power, General Tiani has failed to oppose Niger’s jihadists. Repression of homosexuality, which is very taboo in Niger, can therefore be seen as a way of appeasing certain populations in the country and illustrating the government’s new position.
The fight against these policies cannot be left to the Western powers or to international institutions, which are only interested in subjugating the peoples of Africa and plundering their wealth. It must be part of an internationalist movement in support of LGBTI communities, supported by all peoples and oppressed.
Defending countries in struggle against imperialism must not lead us to close our eyes to the repression suffered by the oppressed in their countries, and must not distract us from the return or appearance of archaic laws aimed at stifling the freedom of life of everyone, and of expression of all.
14 June 2026
Translated by International Viewpoint from l’Anticapitaliste.
