Niger

*This is a provisional profile, pending receipt of a copy of the 2026 Penal Code. It will be subject to updates.*

In June 2026, it was widely reported in the press that a new Penal Code had been introduced in Niger in February, which criminalises same-sex sexual activity, ‘LGBTQIA+ practices’, same-sex marriage, involvement in organisations ‘for homosexuals or LGBTQIA+’, and changes to ‘sex assigned at birth’. Both men and women are criminalised under these laws. 

Although the text of the 2026 Penal Code is not yet publicly available, according to news reports, citing an official source, the following activities are sanctioned: 

• Same-sex sexual acts and ‘LGBTQIA+ practices’, punishable by imprisonment of between five and ‘less than 10years’ and a fine of up to 100 million CFA francs (approx. 150,000 euros). 
• Entering into a same-sex marriage, punishable by 10 to 20 years’ imprisonment and a fine of up to 500 million CFA francs (approx. 750 000 euros). Reports suggest that this provision might also capture officiants, organisers and witnesses. 
• Involvement in organisations ‘for homosexuals or LGBTQIA+’, with similar penalties as for same-sex marriage.  
• Changes to ‘sex assigned at birth’, with similar penalties as for same-sex marriage. 

Niger did not criminalise same-sex sexual activity when it gained independence from France in 1960, although it did have criminal laws which could be used to target members of the LGBT+ community. The criminalisation of same-sex sexual activity was initiated by then President Mohamed Bazoum in January 2023, who was ousted by a military junta on 26 July of the same year.  

Article 25 of a Refoundation Charter brought into force by the junta to replace the Constitution of Niger states that ‘lesbian, gay, bisexual, transgender, queer, intersex, asexual (LGBTQIA+) practices or any other unnatural behaviour are prohibited and punished by law’. However, this was not accompanied by criminal laws operationalising its provisions until February 2026, when the new Penal Code was introduced. 

There is some evidence of criminal laws against ‘public indecency’ being enforced against LGBT+ people in previous years. It is reported that the new laws are actively being enforced. 

2026 

It is reported that, in February 2026, a new Penal Code which criminalises same-sex sexual activity and introduces broader offences criminalising LGBT+ people was brought into force by the ruling military junta. This marked the first introduction of criminalising provisions into Nigerien law. 

Explaining the basis for the new law in mid-May, Justice Minister Alio Daouda stated that homosexuality ‘does not accord with the social and cultural values’ of Niger. 

2025 

On 26 March, a Refoundation Charter came into force, replacing the Constitution of Niger (which was suspended in July 2023 following the coup). Article 25 of the Charter states that ‘lesbian, gay, bisexual, transgender, queer, intersex, asexual (LGBTQIA+) practices or any other unnatural behaviour are prohibited and punished by law’.  

2023 

In January, it was reported that then President Mohamed Bazoum announced the drafting of a new Penal Code, which would severely punish homosexuality.  

In July, a representative of the Ministry of Justice stated that he wished to ‘reassure the public that a whole section of the draft Penal Code was dedicated to the criminalisation [of homosexuality]’, which he called ‘immoral’ and ‘unnatural’.  

Niger was subject to a coup on 26 July 2023, which halted work on the bill.  

2022 

In December, following the acquittal of two lesbian women of charges relating to ‘lesbianism’ (see below), it was reported that a Member of Parliament had introduced a motion to formally criminalise consensual same-sex sexual activity. The MP cited a desire to safeguard the ‘rights and interest of the public’ against homosexuality as ‘a problem affecting our society’. 

2026 

In June 2026, following the enactment of new laws criminalising same-sex sexual activity and introducing broader offences criminalising LGBT+ people, several media outlets reported a “large-scale crackdown” against LGBT+ persons. 

2025 

In August, it was reported that two women who were charged with ‘public indecency’ under Articles 275 and 276 of the Penal Code 2003 had been acquitted by a Nigerien judge. The case was dismissed on the basis that the offence was not made out, as the impugned acts were private rather than public. It was further reported that the judge who released the couple was demoted as a result of this ruling.  Upon appeal of the initial decision, prosecutors eventually secured jail terms against the two women. 

2022 

In December, a Nigerien Court reportedly acquitted two lesbian women of charges of ‘lesbianism’ on the basis that ‘there was no clear legislation criminalising same-sex relationship’. However, the women were found guilty of ‘posting their nude videos on social media in which they were seen allegedly in a lesbian act’, although it is unclear under which provision they were convicted.  

2024 

Afrobarometer reported that intolerance towards homosexuals attained 94% in Niger. 

2023 

In March, it was reported that the authorities were refusing to progress requests for asylum from refugees fleeing criminalising jurisdictions, such as Cameroon. 

In October, the government reportedly threatened ‘severe sanctions’ against advocates of LGBT+ rights, which it considered to be contrary Nigerien values. 

The US Department of State’s 2023 Human Rights Report for Niger reported a societal pattern of discrimination against LGBT+ people, although it specified that ‘no official reports of violence were available’.   

2016 

An Afrobarometer report from 2016 found that resistance to having a homosexual neighbour attained 91% in Niger. 

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