Niger's military-led government has enacted a sweeping new penal code that for the first time makes same-sex relations a criminal offence, punishable by five to ten years in prison and heavy fines. The law, which took effect in February but attracted widespread attention only after social media reports of arrests, marks a significant legal shift in a country where same-sex relationships had long been socially stigmatised but were never previously a criminal matter.

Under the new code, any "indecent or unnatural act" — including same-sex relations and attempts to change one's gender — carries a sentence of five to ten years and fines of up to 100 million CFA francs (roughly €150,000). The penalties become considerably harsher for same-sex marriage: those who enter into, witness, or organise such a union face ten to twenty years in prison and fines of up to 500 million CFA francs (approximately €750,000). Managers and participants of LGBTQ+ clubs or associations face the same maximum sentences. The law explicitly excludes mitigating circumstances or suspended sentences in these cases.

Niger, a landlocked country in the Sahel region of West Africa, is a Muslim-majority, conservative society. The penal reform was originally initiated under the civilian government of President Mohamed Bazoum, who was overthrown in a military coup in July 2023, partly under pressure from Muslim groups and lawmakers. Since taking power, junta leader General Abdourahamane Tiani has pursued an explicitly anti-Western agenda. Justice Minister Alio Daouda said the new legislation was adopted "in full responsibility and sovereignty" because same-sex relations do not "conform to Niger's social and cultural values."

Niger becomes the fourth country in the West African sub-region to tighten anti-LGBTQ+ legislation in the past year, following Burkina Faso, Ghana, and Senegal — a regional trend that rights advocates have described as a wave of legally codified discrimination. Reports from Nigerien social media in recent days point to an ongoing crackdown on LGBTQ+ individuals, consistent with a pattern seen elsewhere after such laws are passed. A high-profile 2025 case, in which two young women were initially acquitted then convicted for "public indecency," foreshadowed the legal and social climate that the new code now formally enshrines.

The development is significant beyond Niger's borders. It reflects a broader dynamic in which military governments across the Sahel, having distanced themselves from Western institutions and norms, are increasingly framing conservative social legislation as expressions of cultural sovereignty. For LGBTQ+ people in Niger, the law transforms a long-standing social reality — stigma and invisibility — into explicit criminal jeopardy.