More than 320 people have been arrested and detained in Senegal on allegations of “acts against nature” since February, according to a new Human Rights Watch (HRW) report. The report details an escalating crackdown against LGBTQ+ people, including mass arrests, forced HIV testing, and barriers to legal representation.
At least 84 of those detained were charged with “voluntary HIV transmission”, solely on the basis of their HIV status, according to HIV Justice Network, an organisation quoted in the report. The intensifying crackdown follows the toughening of the law criminalising homosexuality in Senegal earlier this year.
Law changes and arrests
On 11 March, Senegal’s parliament amended the penal code, doubling the maximum prison term for consensual same-sex relations to 10 years. The new law also introduced penalties of up to seven years in prison and a fine of 500,000 to 5m CFA francs (£650–£6,500) for promoting homosexuality, or supporting or financing LGBTQ+ people and organisations.
Arrests of men and women have occurred all over the country. Police say they have made arrests based on information extracted from seized phones, third-party allegations, or raids on private premises.
Impact on lawyers and health
The changes to the penal code have had a chilling effect on lawyers, who said they were afraid to represent people for fear of being prosecuted themselves, according to the report. Doctors told Human Rights Watch that the changes were discouraging people from seeking HIV testing and treatment.
Larissa Kojoué, LGBTQ+ rights researcher at Human Rights Watch, said: “LGBTQ+ people are being forced to curb their normal activities … for fear of arrest and increased stigma. Senegal’s government should call a halt to this crackdown, which threatens everyone’s rights.”
Regional context and consequences
Same-sex sexual activity was criminalised in Senegal in 1965, but hostility towards LGBTQ+ individuals has grown in recent years. During the 2024 presidential campaign, Bassirou Diomaye Faye, who ended up winning the election, and the former prime minister Ousmane Sonko promised to strengthen laws criminalising same-sex relations, framing the issue as a national priority.
The report said police had breached confidentiality of ongoing criminal investigations involving suspected LGBTQ+ people by leaking details to the media, which reported personal and confidential information, including HIV status – exposing individuals to social stigma, family rejection, threats and violence. LGBTQ+ people interviewed by Human Rights Watch said the crackdown was instilling fear among their community, causing them to feel anxious and depressed. Many have gone into hiding, restricted their movements or relocated; some have left the country.
Sylvie Beaumont, a consultant with HIV Justice Network, said she had received anecdotal evidence that HIV clinics had seen a drop in attendance. “Obviously this is not good for the HIV response because people are going without treatment, they’re not going to get tested,” she said. “The consequences are really bad and it’s sad because Senegal was a country that was doing well with their HIV response. They are shooting themselves in the foot.”
While there was a 49% fall in new HIV infections in western and central Africa from 2010 to 2022, sub-Saharan Africa remains disproportionately affected by the virus, with 64% of all people living with HIV globally. The report pointed out that the crackdown flew in the face of domestic and international laws that guaranteed the right to a fair trial, privacy and non-discrimination.
The changes to Senegal’s penal code are part of a trend across sub-Saharan Africa towards more punitive legislation directed against LGBTQ+ people. There have been dozens of arrests in Niger since it criminalised “sexual relations with a person of the same sex” in February, the first time in the country’s history that homosexuality had been criminalised. This followed the introduction of similar laws and penal codes in neighbouring Mali and Burkina Faso within the past two years, all three of which are ruled by military juntas. In May, Ghana, which already outlaws gay sex, passed legislation criminalising LGBTQ+ “activities”. The bill, which has not been signed into law by the president, is the latest iteration of legislation first proposed in 2021. In 2023, Uganda’s Anti-Homosexuality Act made homosexual acts punishable by death.
