Senegal Lawmakers Approve 10-Year Prison Penalty for Same-Sex Acts

Human rights advocates say Senegal’s newly approved legislation expanding criminal penalties for same-sex relationships could deepen fear, discrimination and public health risks for LGBTQ+ communities.

Senegal’s National Assembly has approved legislation that would significantly expand criminal penalties for same-sex relationships, doubling the maximum prison sentence to 10 years and criminalizing what lawmakers describe as the “promotion” of homosexuality, a move that has alarmed human rights organizations and LGBTQ+ advocates.

The bill passed late Wednesday in Dakar by a vote of 135 to zero, with three abstentions. If signed by President Bassirou Diomaye Faye, the measure will amend Senegal’s existing penal code provisions that already criminalize same-sex conduct.

Under current law, first introduced during the colonial era and last amended in 1966, individuals convicted of what authorities call “acts against nature” face prison sentences of up to five years and fines of up to 1.5 million CFA francs (about $2,700). The newly approved legislation would double the maximum prison term to 10 years and increase potential fines to as much as 10 million CFA francs.

The measure also restricts judicial discretion, preventing judges from issuing suspended sentences or reducing penalties below the statutory minimum.

Supporters of the bill argue that the legislation reflects prevailing social and religious values in the predominantly Muslim West African nation. The proposal was a campaign promise by the governing party led by President Faye and Prime Minister Ousmane Sonko after their 2024 electoral victory.

Government spokesperson Amadou Moustapha Ndieck Sarré defended the move, saying it reflects the views of most Senegalese citizens.

“The majority of Senegalese do not accept homosexuality. Our culture rejects it, and we are firmly opposed to it,” he said.

The legislation also broadens criminal liability by targeting individuals accused of promoting or financing same-sex relationships. The text explicitly links homosexuality, bisexuality, and what it calls “transsexuality” to the penal code’s “acts against nature” clause, placing them alongside offenses such as zoophilia and necrophilia.

The law now awaits President Faye’s signature.

The vote comes after a wave of arrests tied to alleged same-sex relationships in recent weeks.

According to the International Federation for Human Rights, at least 27 men were detained between Feb. 9 and Feb. 24 on suspicion of violating Senegal’s laws against same-sex conduct. In some cases, detainees also faced accusations of “voluntary transmission” of HIV, a separate criminal offense that can carry prison sentences of up to 10 years.

Police also detained 12 men last month, including two public figures and a prominent journalist, in a crackdown that rights groups say signals a growing campaign against sexual minorities.

Supporters of the legislation staged demonstrations in Dakar in the weeks leading up to the vote. Participants carried signs with crossed-out rainbow symbols and chanted slogans opposing homosexuality.

One of the most vocal advocates for stricter penalties has been And Sàmm Jikko Yi, a coalition of Islamic leaders and civil society groups campaigning to defend what it describes as Senegalese moral values.

Imam Babacar Sylla, a leader within the network, urged the president to quickly sign the bill into law.

“The longer it takes, the more complicated it will be,” Sylla said, adding that those he views as violating moral norms should face legal consequences.

Human rights organizations, however, say the law could deepen discrimination and increase violence against LGBTQ+ people.

Volker Türk described the bill as “deeply worrying” and called on Senegal’s president not to sign it.

Researchers and advocates warn that criminalizing sexual orientation violates international human rights protections related to equality and freedom from discrimination.

Larissa Kojoué, a researcher at Human Rights Watch, said expanding criminal penalties risks intensifying stigma against already marginalized communities.

“Criminalising same-sex conduct and arresting people for their sexual orientation violates multiple internationally protected rights,” Kojoué said, warning the measure could expose individuals to “violence and fear.”

Alioune Tine, founder of the Afrikajom Center think tank, also cautioned that the legislation could worsen social tensions.

“If social concerns must be addressed, the law must also respect human rights and protect public-health policies,” he said.

Medical experts say further criminalizing same-sex relationships could undermine decades of progress in Senegal’s fight against HIV.

Senegal has long been recognized as a regional success story in HIV prevention. According to the health ministry, between 42,000 and 44,000 people are living with HIV in the country, with an adult prevalence rate of about 0.3%; one of the lowest in West Africa.

But Dr. Safiétou Thiam, executive secretary of Senegal’s National Council for the Fight Against AIDS, warned that increased stigma could discourage vulnerable communities from seeking medical care.

“We have managed to control the HIV epidemic and are moving toward eliminating AIDS as a public health problem,” she said. “But what is happening now risks undermining 30 to 35 years of progress.”

Charles Dotou, head of the Senegal LGBTQ Association, said the new law will likely push LGBTQ+ people further into secrecy.

“Most same-sex relationships were already hidden because of social norms,” Dotou said. “Now people will hide even more. It will create fear, and many will feel forced to leave.”

Senegal’s legislation comes amid a broader wave of anti-LGBTQ laws across parts of Africa.

In 2023, Uganda enacted some of the world’s harshest anti-homosexuality laws, including the possibility of the death penalty in certain circumstances. In 2024, Burkina Faso passed legislation criminalizing same-sex relationships for the first time.

Lawmakers in Ghana are also considering new legislation that would increase penalties for same-sex acts and criminalize advocacy related to LGBTQ+ rights.

Human rights defenders say these developments risk fueling a broader climate of repression.

For Senegal’s LGBTQ+ community, advocates say the stakes are immediate and personal. If the president signs the bill into law, the country could soon impose some of the harshest penalties in its history for same-sex relationships, deepening legal risks for a community that many say already lives largely in silence.