The West African nation of Niger has enacted a law criminalising consensual same-sex intimacy for the first time in its history.
The new Penal Code of Niger is understood to introduce a provision criminalising ‘indecent or unnatural acts’ and ‘sexual relations with a person of the same sex’, though the Code is not yet publicly available. It is also understood to contain other wide-ranging provisions such as criminalising ‘LGBTQIA+ practices’ and involvement in organisations ‘for homosexuals or LGBTQIA+’. Imprisonment terms are up to 20 years and are accompanied by heavy fines.
In criminalising private, consensual same-sex intimacy and using the coercive power of the state to repress other basic freedoms, Niger’s military regime has shown a blatant disregard for fundamental human rights law. Niger now joins 65 other countries that use these laws to expose a vulnerable group of their own citizens to fear, violence, and state-sanctioned hatred.
This legal development, which is believed to have taken place in February 2026, was not picked up by news outlets until recently. A ‘large-scale crackdown’ against LGBT+ people has reportedly already started in Niger.
This brings the total number of countries that criminalise consensual same-sex acts to 66. Thirty-three of these are in Africa.
Notes to editors
- Visit our Niger country profile.
- The new Penal Code will be posted on the Resources section of our website, once available.
- Visit the Human Dignity Trust’s History of LGBT Criminalisation timeline.
- Learn more about the criminalisation of same-sex intimacy globally through our Map of Jurisdictions that Criminalise LGBT People.
- The Human Dignity Trust works with LGBT+ activists and lawyers around the world to defend human rights in countries where private, consensual, same-sex sexual activity is criminalised. We provide free technical legal assistance to local organisations and lawyers who challenge criminal laws that persecute people based on their sexual orientation and/or gender identity.
For more information:
James Aldworth, Communications Manager, Human Dignity Trust
E: [email protected]
T: +44 (0)7394 805140
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