This image is for illustrative purposes only and is not directly related to this story. Image source: Rosemary Ketchum (Pexels)
On February 16, 2026, the Republic of Niger enacted Decree No. 2026-09, formally promulgating a newly revised Penal Code that criminalises consensual same-sex sexual relations and same-sex marriage. Following a designated administrative transition period, the legislation entered into full legal force on June 11, 2026, establishing an institutional statutory framework of severe criminal penalties targeting sexual and gender minorities nationwide.
Under Articles 390 to 393 of the updated penal statute, the state prescribes severe punitive sanctions for consensual relationships and organizational advocacy. Consensual same-sex sexual conduct carries a prison sentence of five to ten years, alongside a punitive fine of up to 100 million CFA francs (approximately 180,000 US dollars). Entering into a same-sex marriage is punishable by ten to twenty years in prison. Furthermore, the provisions target civil society entities, stipulating that individuals and organizations operating on behalf of or providing financial and operational assistance to LGBTQI+ groups face fines ranging between 50 million and 500 million CFA francs (roughly 90,000 to 900,000 US dollars).
Enforcement measures under the new statutory provisions materialized rapidly following the code's enactment. In early July 2026, state law enforcement authorities executed targeted sweeps that led to the detention of up to 40 individuals across the capital, Niamey, with at least 16 individuals formally placed under arrest. Documented records indicate that those taken into custody included several civilians as well as high-ranking customs officials and senior police officers, demonstrating the military administration's rigorous application of the statute across both state institutions and private life.
From an institutional perspective, the adoption of this statute reflects an ongoing wave of legislative restrictions targeting queer communities across the African continent, particularly within the Sahel and West Africa. Coming on the heels of similar legislative measures enacted or advanced in Uganda, Ghana, Senegal, Burkina Faso, and Mali, Niger's ruling junta has aligned its legal architecture with conservative domestic currents following its detachment from regional blocs. The extensive criminalization and punitive financial measures against civil organizations present profound threats to public health efforts and exacerbate statutory vulnerabilities for marginalized communities in the region.
Africa Editorial Office: Imani Makena
Source: Compiled from CIVICUS Monitor human rights tracking reports
References
Ministry of Justice of the Republic of Niger - Official Portal
CIVICUS Monitor - Niger Civic Space and Legislative Findings
African Commission on Human and Peoples' Rights - Official Treaties and Resolutions