Senegal's prime minister pushes for anti-LGBT law broadening repressive measures.

Photo by @aboodi vesakaran on Unsplash.com 

Senegal’s government is pushing for an anti-LGBT+ law harshening the framework of repressive measures for the LGBT+ community and its supporters.

Senegal already criminalises sexual acts between individuals of the same sex under article 319 of the Penal Code, enshrining a prohibition of “acts against nature”. Over the years, conservatives and religious organisations in the country have been rallying for harsher punishments, and unsuccessful attempts were already made in the past, including in 2021 and 2024, to pass legislation to strengthen repressive measures against LGBT+ people. This year, on the 24th of February, Senegal’s Prime Minister Ousmane Sonko promoted a draft law that would exacerbate punishments for same-sex conduct and broaden the scope of criminalisation for acts against nature.

The draft law doubles the maximum prison terms for same-sex practices and other unnatural conduct from the previous 5 years to 10 years. The Prime Minister has declared that the maximum prison sentence would be applied to acts committed with an individual under the age of 21. The law also increases the amount of pecuniary fines for acts against nature from the current 1.5 million CFA (equivalent to around €2300) to 10 million CFA (equivalent to more than €15000). Another insidious novelty of the law would be the criminalisation of the expression of support for the LGBT+ community: the law seeks to introduce the offense of apology or defense for homosexual relations, which could make it possible to prosecute anyone who supports, promotes or advocates for LGBT+ rights. Senegal’s Council of Ministers has already approved the draft law, which awaits ratification by the national assembly. The Prime Minister is pursuing this legislation as an election pledge made during his electoral campaign, and has called on other governmental parties to support the proposal.

The law comes at a time of wider crackdowns on LGBT+ rights in Senegal. Senegalese conservatives regard LGBT+ rights and activism as Western interference, and strongly oppose it. In the past months, there has been a new wave of arrests in the country over alleged same-sex relationships. Local media report that around 30 individuals have been arrested in February, among which public figures and a well-known journalist. These arrests and the new law proposal are fueling fear in local members of the LGBT+ community, who fear the law could foment an increase in police reports for violations of the prohibition of acts against nature.

The criminalisation of same-sex relationships breaches LGBT+ rights and the principles of equality before the law and non-discrimination based on sexual orientation and gender expression. The law and the possibility of police report risk breaching privacy rights, while stigmatisation of the LGBT+ community risks hindering access to healthcare. Moreover, criminalisation of the support to LGBT+ rights is an open breach of the freedom of expression and association. International rights groups, like the International Federation for Human Rights and Human Rights Watch, are condemning this crackdown and calling on Senegal to uphold its international obligations to respect and protect LGBT+ people’s rights.

written by Alessia Milillo