New anti-LGBTQ+ legislation in Niger increases risks faced by Human Rights Defenders
Front Line Defenders is alarmed that human rights defenders working on LGBTQIA+ rights in Niger now face severe criminal liability under a newly enacted Criminal Code.
On 11 June 2026, the Republic of Niger enacted a new Criminal Code, under Ordonnance No. 2026-09 of 16 February 2026, criminalising same-sex relations and LGBTQIA+ related activities. The new Criminal Code (Art 390-393) punishes same-sex relations with five to ten years’ imprisonment and fines up to 100 million CFA francs, same-sex mariage with ten to twenty years, and managing, operating, or financing an organisation supporting the LGBTQIA+ community with up to twenty years' imprisonment and fines up to 500 million CFA francs, with comparable financial penalties for legal entities.
Additionally, neither mitigating circumstances nor suspended sentences will be taken into account (Art 394). As a result, courts cannot reduce or suspend sentences based on mitigating circumstances, removing judicial discretion entirely. Theses provisions raise serious human rights concerns due to the severity of the penalties imposed, the vague language and the broad range of conducts criminalised. The legislation interferes with fundamental rights, including the rights to privacy, equality, non-discrimination, freedom of expression, and family life. The prohibition on mitigating circumstances further exacerbates these concerns by removing judicial discretion and, therefore, the guarantee of fairness and proportionality in the administration of justice.
A while back, on 7 August 2025, a judge lost his position as magistrate at the Niamey Court after he acquitted two young women who had been charged with public indecency after their private relationships came to public attention. As a consequence for his ruling, the judge got reassigned to a lower administrative position. In addition, five unions representing judicial personnel were dissolved, allegedly to stop them from going on strike to protest the loss of judicial independence. This case, which predates the new Criminal Code by a year, illustrates the concrete risks faced by judicial actors who uphold the rights of LGBTQIA+ persons, and signals how judicial independence may be further eroded under the new legislation.
The reform of the Criminal Code was initiated under President Mohamed Bazoum before he was overthrown on 26 July 2023, but did not come into effect until its enactment in 2026. On 26 March 2025, General Tiani’s regime promulgated the Charter for Refoundation to replace the 2010 Constitution of Niger. Although the Charter stated that LGBTQIA+ practices are prohibited and punishable by law, criminal penalties related to these measures were only introduced with the enactement of the new Criminal Code in June 2026.
Niger is led by General Abdourahamane Tiani, whose regime pursues a sovereignist policy, hostile to what it regards as ‘Western interference’ in the country’s values. Within this framework, issues relating to sexual orientation and gender identity have increasingly been framed not as matters of human rights, but as foreign concepts allegedly incompatible with national values and traditions. In May 2026, Niger’s Minister of Justice, Alio Daouda, stated on television that homosexuality “is not in keeping” with Niger’s social and cultural values. Such rhetoric raises deep concerns regarding the LGBTQIA+ community and their defenders.
The reform of Niger’s Criminal Code is part of a regional trend towards tougher legislation against LGBTQIA+ people. In recent years several African states have introduced or strengthened laws criminalising same-sex relations or restricting LGBTQIA+ advocacy and solidarity. Examples include legislation adopted in Uganda, which introduced some of the harshest penalties in the region, measures in Ghana seeking to criminalise LGBTQIA+ advocacy, and legislative initiatives in countries such as, Burkina Faso, Mali and Senegal aimed at further entrenching restrictions on the rights of minorities.
Front Line Defenders is deeply concerned about the enactment of the new Criminal Code in Niger, which introduces severe penalties targeting LGBTQIA+ persons and those perceived to defend them. The criminalisation of consensual same-sex relationships, the imposition of lengthy prisons and substantial fines, as well as the harassment and intimidation of those defending these rights, raise serious concerns. These developments are not in compliance with fundamental human rights, including the rights to privacy, equality, non-discrimination, freedom of association and judicial independence.
The organisation calls on the authorities of Niger to repeal all provisions that criminalise individuals on the basis of their sexual orientation or gender identity, as well as the individuals supporting and defending them. It further urges the authorities to ensure that domestic legislation complies with international law and the human rights obligations of Niger.
Front Line Defenders urges the authorities of Niger to refrain from arbitrary arrests, discriminatory prosecutions, or harassment based on sexual orientation or gender identity, and guarantee that LGBTQIA+ rights defenders can carry out their work without fear of reprisal.
Finally, Front Line Defenders calls on African regional partners and governments to refrain from adopting similar legislation and reviewing exiting restrictive legislation to bring it in line with international human rights standards.
