Senegal passes law doubling maximum penalty for same-sex relations to 10 years

The move to increase prison sentences forms part of a broader crackdown on LGBTQ+ rights in the country.

This article is about a law banning same-sex relations in Senegal. A judge's gavel in a courtroom.
Image: Pexels

The Parliament in Senegal has voted in favour of legislation that will double the maximum penalty for same-sex relations to 10 years in prison. The law, which was passed by an overwhelming majority in the National Assembly, must still be signed by the country’s president, Bassirou Diomaye Faye. President Faye had included the anti-LGBTQ+ law among his campaign promises.

Previously, members of parliament sought, unsuccessfully, to increase the maximum penalties on two occasions – once in 2022 and again in 2024.

On top of doubling the maximum penalty for same-sex relations, the new legislation includes prison sentences between three and seven years for anyone who advocates for LGBTQ+ relationships in Senegal. Additionally, the law will introduce penalties for anyone who accuses another person of same-sex relationships without “proof”.

As Le Monde reports, during the parliamentary debate, Senegalese lawmaker Diaraye Ba said: “Homosexuals will no longer breathe in this country. Homosexuals will no longer have freedom of expression in this country.” Her remarks were met with applause from other politicians.

In recent months, Senegal has enacted a wide crackdown on LGBTQ+ rights. In February, 12 men were arrested in the capital city of Dakar, a move which ignited international concern over the country’s punitive laws. In addition to same-sex activity, the men had been accused of the intentional transmission of HIV, with many rights organisations warning that these arrests will intensify stigma and hinder protection and education efforts.

Larissa Kojoué, a researcher with Human Rights Watch, said this high-profile arrest is “fueling fear among the lesbian, gay, bisexual and transgender (LGBT) community”.

She wrote: “Criminalising same‑sex conduct and arresting people for their sexual orientation or gender expression violates multiple internationally protected rights, including to equality and nondiscrimination.

“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.”

Kojoué pointed to increased hostility towards Senegal’s LGBTQ+ community in recent years, and cited a 2023 incident in which a mob exhumed the body of a man they believed to be gay and burned his remains in the town of Kaolock.

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