As many as 40 people have reportedly been arrested in Niger after a penal code criminalising LGBTQ+ activity was introduced earlier this year. Of those detained, 16 men, including high-ranking military officials, have already been imprisoned, according to local media.

The new law marks the first time in the country’s history that same-sex activity has been criminalised. It states that anyone who “commits or attempts to commit an immodest or unnatural act or practices lesbian, gay, bisexual, transgender, queer, intersex, asexual (LGBTQIA+) acts” can be punished with imprisonment and a fine. It is unclear what constitutes an “asexual” act or how it could be prosecuted.

Moreover, the penal code also establishes penalties for people who participate in, witness, officiate or organise a same-sex marriage, as well as those involved with clubs, societies or organisations for LGBTQ+ people, either directly or indirectly. It is reported that prison sentences may be up to 20 years, and fines may be up to 500m CFA.

Now, a “witch-hunt” is said to be underway, with many going into hiding due to fears of persecution. Speaking to The Guardian, an anonymous source described the situation as “truly toxic”.

“LGBTQ+ populations are keeping a low profile and have gone into hiding because they are at risk. We have lost contact with many and the recent arrests have exacerbated tensions,” they said.

Concerns have also been raised regarding the resurgence of HIV/AIDS in the country. In 2023, there were an estimated 32,000 new HIV infections in Niger. However, just last week, they remained one of eight countries to vote against the UN’s political declaration to end AIDS by 2030.

Furthermore, because of the new penal code, organisations providing support to men who have sex with men have had to cease operations, meaning these communities no longer have access to condoms, testing, or PrEP. 

“When people go into hiding, we won’t see them and they won’t be able to protect themselves. So you see the impact [this penal code] has. We are truly saddened by it,” the source added.

Following a coup in 2023, Niger has been ruled by a military junta called the National Council for the Safeguard of the Homeland. The head of the military government, Gen Abdourahamane Tchiani, was sworn in as president in 2025 for a term of five years, dissolving all political parties in the country. He has pushed an “anti-Western” agenda, portraying the repression of the LGBTQ+ community as an attempt to liberate Niger from colonialism.