Senegal’s National Assembly has overwhelmingly passed a new law doubling the maximum prison term for same-sex sexual relations to 10 years and criminalising the “promotion” of homosexuality, fulfilling a campaign promise of President Bassirou Diomaye Faye and Prime Minister Ousmane Sonko.
A total of 135 members of parliament voted in favour, zero against and three abstained. The next step will be for the president to sign it, after which it will become law.
The legislation was sent to parliament following a wave of arrests over alleged same-sex relationships, already banned under Senegalese law. Some 27 men were arrested between 9 February and 24 February, according to the International Federation for Human Rights.
Government dismisses international criticism
The government spokesman dismissed international criticism of the bill, arguing the move reflected the views of Senegalese people. “The majority of Senegalese do not accept homosexuality. Our culture rejects it and we are firmly opposed to it,” said Amadou Moustapha Ndieck Sarré.
Under the new law, prison sentences range from five to 10 years, compared with the current one- to five-year terms. Fines rise to up to 10,000,000 CFA francs (USD 17,600; GBP 13,000) from the previous maximum of 1,500,000 CFA francs. Judges may not grant a suspended sentence or use their discretion to reduce a prison term below the minimum.
The law specifies that “acts against nature” relate to homosexuality, bisexuality, “transsexuality”, zoophilia and necrophilia. Those found guilty of promoting or financing such acts also face prison time.
Conservative movement And Sàmm Jikko Yi, which campaigns to defend what it calls Senegalese moral values, has repeatedly urged authorities to adopt stricter legislation criminalising homosexual acts. Imam Babacar Sylla, the group’s leader, urged Faye to sign the bill into law as soon as possible. “The longer it takes, the more complicated it will be. And these people, whom I consider a public danger, will continue to escape,” he said.
In the weeks leading up to the vote, supporters of the bill organised demonstrations in Dakar in which participants shouted “No to homosexuality!” and held signs with rainbows crossed out.
Rights groups warn of violence and increased fear
However, rights groups warn the move could worsen discrimination and violence against sexual minorities. Human Rights Watch researcher Larissa Kojoué said the proposed changes were worrying.
“Criminalising same-sex conduct and arresting people for their sexual orientation violates multiple internationally protected rights, including equality and non-discrimination.”
— Larissa Kojoué, Human Rights Watch
She added that such measures risked exposing people who were already stigmatised to “violence and fear.”
Alioune Tine, founder of the think-tank Afrikajom Center, told BBC that the current climate could worsen social tensions. “If it is true that social concerns must be addressed, [the law] also has to respect human rights and protecting public-health policies,” he said.
Senegal LGBTQ Association head and medical doctor Charles Dotou told BBC Newsday that same-sex relationships cannot be abolished by a law. “Most of the same-sex relationships were hidden anyway. There are even people who are married in the society and who are still entertaining a safe-sex relationship because of the norm and the cultural norm in that society,” Dr Dotou said.
He added that all that would happen is “people will be hiding more, it will create more fear and people will be scared to live normally in that community. So there will be an exodus of people, particularly people who were already exposed so that that creates a bit of chaos in society.”
Experts warn that further criminalising same-sex relations could vilify gay people living with HIV to the point that they shy away from receiving vital medical care. Some supporters of the tougher legislation have cited HIV transmission concerns, although it has long been scientifically established that people of any sexuality can contract and spread the illness.
Senegal has been praised for its efforts to control HIV. Between 42,000 and 44,000 people are living with the virus in the country, with a national prevalence of about 0.3% among adults — one of the lowest rates in West Africa, according to the health ministry.
Dr Safiétou Thiam, executive secretary of the National Council for the Fight Against Aids — the body that has coordinated the country’s HIV response for decades — told BBC News Afrique that she was worried. “We have managed to control the HIV epidemic and we are moving towards eliminating Aids as a public health problem in Senegal. But what is happening now risks undermining the results of 30 to 35 years of efforts in the fight against the disease,” she said.
West Africa tightens anti-LGBTQ laws
Senegal’s vote follows a wider pattern of legislative tightening against LGBTQ communities across sub-Saharan Africa.
In September last year, Burkina Faso’s transitional parliament approved a bill banning homosexual acts for the first time, imposing prison terms of up to five years, following its neighbour Mali in 2024.
In 2023, Uganda voted in some of the world’s harshest anti-homosexuality legislation, meaning people engaging in same-sex relationships can be sentenced to death in certain circumstances.
Lawmakers in Ghana are also considering raising the maximum penalty for same-sex sexual acts from three years to five and imposing jail time for what the bill terms the “wilful promotion, sponsorship or support of LGBTQ+ activities.”
The bill now awaits President Faye’s signature to become law.
