Senegal Tightens Laws as Hundreds of LGBTQ+ People Detained

At least 320 people have been arrested and detained on "unnatural acts" charges in Senegal since February, amid an escalating crackdown on the LGBTQ+ community, according to a new report by Human Rights Watch. Mass arrests, forced HIV testing and obstacles to accessing legal representation are part of the sweep.

Among those arrested, at least 84 people have been charged with "intentional HIV transmission" based solely on their HIV status, according to the HIV Justice Network, an organization cited in the HRW report.

The crackdown follows the tightening of Senegal's law criminalizing same-sex relations earlier this year. On March 11, the country's parliament amended the criminal code, doubling the maximum prison sentence for consensual same-sex relations to 10 years. The new law also introduces penalties of up to seven years in prison and fines of 500,000 to 5 million CFA francs (about £650–£6,500) for promoting homosexuality, or for supporting or funding LGBTQ+ people and organizations.

Larissa Kojoué, an LGBTQ+ rights researcher at HRW, said: "LGBTQ+ people are being forced to curtail their ordinary activities... out of fear of arrest and rising stigma. The Senegalese government should end this crackdown, which threatens everyone's rights."

Same-sex relations have been criminalized in Senegal since 1965, but hostility toward LGBTQ+ people has intensified in recent years. During the 2024 presidential campaign, Bassirou Diomaye Faye — who went on to win — and former prime minister Ousmane Sonko pledged to strengthen laws criminalizing same-sex relations, framing it as a national priority.

Arrests of men and women have taken place across the country. Police said they made arrests based on information extracted from seized phones, third-party accusations or raids on private homes.

According to the report, the changes to the criminal code have had a chilling effect on the legal profession, with many lawyers saying they fear representing defendants because they worry they could themselves be prosecuted. Doctors told HRW that the amendments are deterring people from seeking HIV testing and treatment.

While new HIV infections in West and Central Africa fell 49 percent between 2010 and 2022, sub-Saharan Africa remains disproportionately affected, accounting for 64 percent of all people living with HIV worldwide.

Sylvie Beaumont, an adviser at the HIV Justice Network, said she had received unofficial evidence that HIV clinics were seeing a drop in attendance. "Clearly this is not good for the HIV response because people are not being treated, they are not getting tested," she said. "The consequences are really bad, and it is sad because Senegal used to be a country that did well in the HIV response. They are shooting themselves in the foot."

She said that although laws criminalizing the intentional transmission of HIV were not part of this year's criminal code reforms, the rate of arrests in recent months has been "unprecedented." She called the charges "nonsensical" because, according to recorded information, most of those arrested either only discovered their HIV status when they were arrested, were arrested in possession of condoms, or were on treatment that made transmission of the virus impossible.

The report states that police violated the confidentiality of ongoing criminal investigations involving people suspected of being LGBTQ+ by leaking details to the media, leading to the publication of personal and confidential information, including HIV status — exposing individuals to social stigma, rejection by family, threats and violence.

LGBTQ+ people interviewed by HRW said the crackdown is spreading fear through the community, leaving them anxious and depressed. Many have gone into hiding, limited their movements or moved home; some have left the country.

The report points out that the crackdown runs counter to domestic and international laws guaranteeing the right to a fair trial, privacy and freedom from discrimination.

The changes to Senegal's criminal code are part of a trend in sub-Saharan Africa toward harsher punitive laws against LGBTQ+ people. In Niger, dozens of people have been arrested since the country criminalized "same-sex sexual relations" in February — the first time in the nation's history. The move followed similar laws and criminal codes enacted in Mali and Burkina Faso over the past two years; all three countries are ruled by military governments.

In May, Ghana — which already banned same-sex relations — passed a law criminalizing LGBTQ+ "activities." The bill, which has not been signed by the president, is the latest version of legislation first proposed in 2021. In 2023, Uganda's Anti-Homosexuality Act made same-sex acts punishable by death.