The arrest of 12 men in Dakar on February 9 has reignited international concern over Senegal’s criminalisation of same-sex relations and the growing risks faced by people living with HIV.
The men were detained on charges including “acts against nature” and the alleged intentional transmission of HIV, offences that could carry sentences of up to ten years in prison.
Under Article 319 of Senegal’s Penal Code, consensual same-sex conduct is punishable by up to five years’ imprisonment and significant fines. A Senegalese judge has been appointed to investigate, and no pleas have yet been entered.
Among those arrested are prominent public figures, including television presenter Pape Cheikh Diallo and musician Djiby Dramé. Diallo, 42, is a popular interviewer on TFM, the country’s most-watched television channel, founded by renowned singer Youssou N’Dour.
Rights organisations have condemned the arrests. Stop Homophobie, a Paris-based advocacy group, warned that the detentions could intensify stigma in a country where hostility towards LGBTQ+ people has reportedly grown in recent years.
Advocacy groups argue that criminalising consensual LGBTQ+ relations violates international protections of equality and privacy. They further warn that using HIV status or prevention materials as evidence of criminal conduct deters individuals from seeking testing and treatment and places already vulnerable communities at even greater risk.
Nonprofit watchdog Human Rights Watch has said these arrests are “fuelling fear” towards Senegal’s LGBTQ+ community and those who are HIV positive.
“Criminalizing same‑sex conduct and arresting people for their sexual orientation or gender expression violates multiple internationally protected rights, including to equality and nondiscrimination,” the group said in a statement.
“Using condoms, lubricants, or HIV treatment as evidence of same-sex conduct; forcing HIV testing; and publishing someone’s HIV status breach privacy rights and relevant international norms and deter people from seeking care, undermining essential HIV prevention and treatment efforts.”
The group urged the Senegalese government to act on its obligations to respect the rights of LGBTQ+ individuals.
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