Senegal moves to increase jail term for same-sex relations

Senegal’s parliament has approved a new law that increases the maximum prison sentence for same-sex relations to 10 years, marking a major step in the country’s ongoing crackdown on members of the LGBTQ community.

The legislation was passed on Wednesday by lawmakers in the National Assembly with a large majority. The bill will now be sent to Bassirou Diomaye Faye, Senegal’s president, who must sign it before it becomes law.

Under the proposed law, individuals found guilty of engaging in same-sex relations could face up to a decade behind bars.

The legislation also introduces criminal penalties for people accused of promoting or providing financial support for same-sex relationships.

Reports from local media say several arrests have already been made under Senegal’s existing anti-LGBTQ laws. Since February, police have reportedly detained dozens of men.

In one widely reported case, authorities arrested 12 men, including two local celebrities, during what appeared to be the beginning of a series of recent detentions.

The bill punishes “acts against nature”, a term used to signify same-sex relations, by five to 10 years’ imprisonment, compared with one to five years previously.

It also provides for three to seven years in prison for anyone who engages in advocacy for same-sex relations.

Arrests have often been based on accusations and phone searches, which are reported almost daily, with the names of those detained made public.

The new law additionally penalises anyone who accuses another of same-sex offences “without proof”.

After debating for several hours, lawmakers approved the bill by a vote of 135 in favour, zero opposed and three abstentions.

“Homosexuals will no longer breathe in this country. Homosexuals will no longer have freedom of expression in this country”, lawmaker Diaraye Ba declared from the podium during the debate, to applause from some of her colleagues.

Under the bill, the maximum sentence will be handed down if the act was committed with a minor.

Punishment will additionally include fines from two million to 10 million CFA francs ($3,500 to $17,600), compared to 100,000 to 1.5 million CFA francs previously.

Some of those arrested have faced accusations of deliberately transmitting HIV, fuelling further fierce debate about same-sex relations.

– ‘Walking dangers’ –

In recent years, LGBTQ issues have stirred controversy in Senegal, where gay-rights advocacy is frequently denounced as a tool used by Westerners to impose foreign values.

Religious associations in the Muslim-majority west African country have staged demonstrations to demand tougher penalties.

Ousmane Sonko, before becoming the country’s highly influential prime minister in 2024, had promised to make same-sex relations a crime, upping the offence from its current classification as misdemeanour.

However, the new law, which Sonko himself presented to parliament, maintains the same misdemeanour status.

This has led the opposition to accuse Sonko of failing to follow through on his promise.

Social media in Senegal have been flooded in recent weeks with homophobic messages and calls to out individuals accused of same-sex activity.

The highly publicized arrests have spawned headlines such as “Big homo clean-up” and “Bisexuals, walking dangers”.

Stories in recent days have also conflated the arrests for same-sex relations with a separate child sex abuse affair.

In that case, investigators dismantled a gang accused of sexual violence against minors, arresting 14 people.

Repression of same-sex relations is politically advantageous in a country where homosexuality is widely regarded as deviant.

At least 32 out of Africa’s 54 countries have laws on the books prohibiting and punishing same-sex relations.

The death penalty is imposed in Uganda, Mauritania and Somalia.

Approximately 10 countries or territories impose sentences ranging from 10 years to life in prison, including Sudan, Kenya, Tanzania and Sierra Leone.

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