Entry #447: Homosexual activity in Niger

Current Version

RegionNiger
IssueHomosexual activity
StatusLegal (De Facto)
Start Date(unknown)
End DateFeb 2026
DescriptionUntil 2026, consensual same-sex sexual activity was not explicitly illegal in Niger. However, the country had a “public indecency” law that authorities used to prosecute homosexuals.

For example, in 2025, two lesbians were prosecuted under that clause. The prosecutor sought to have the women imprisoned for three years and fined 100,000 CFA francs. However, the judge of the case decided otherwise, explaining that the case lacked evidence that the matter had been publicly known before the police investigation. Shortly afterward, the judge was demoted for his decision. The demotion was viewed by some as an attack on judicial independence, and it also highlighted the tension judges face between following the law and responding to cultural sensitivities.
Sourceshttps://76crimes.com/2025/08/12/niger-2-lesbians-released-after-provisional-detention/
https://76crimes.com/2025/08/11/acquittal-of-2-lesbians-in-niger-leads-to-uproar-over-judicial-independence/
https://www.journalduniger.com/niamey-un-juge-sanctionne-apres-un-verdict-controverse/

Revision History (7)

edited by UnknownMiles. Went into effect in February

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End DateJun 11, 2026Feb 2026

edited by UnknownMiles. Tense and de facto

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DescriptionIn Niger, consensual same-sex sexual activity is not explicitly illegal. However, the country has a “public indecency” law that authorities have used to prosecute homosexuals.

For example, in 2025, two lesbians were prosecuted under that clause. The prosecutor sought to have the women imprisoned for three years and fined 100,000 CFA francs. However, the judge of the case decided otherwise, explaining that the case lacked evidence that the matter had been publicly known before the police investigation. Shortly afterward, the judge was demoted for his decision. The demotion was viewed by some as an attack on judicial independence and highlighted the tension judges face between following the law and responding to cultural sensitivities and public opinion.		Until 2026, consensual same-sex sexual activity was not explicitly illegal in Niger. However, the country had a “public indecency” law that authorities used to prosecute homosexuals.

For example, in 2025, two lesbians were prosecuted under that clause. The prosecutor sought to have the women imprisoned for three years and fined 100,000 CFA francs. However, the judge of the case decided otherwise, explaining that the case lacked evidence that the matter had been publicly known before the police investigation. Shortly afterward, the judge was demoted for his decision. The demotion was viewed by some as an attack on judicial independence, and it also highlighted the tension judges face between following the law and responding to cultural sensitivities.
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In Niger, consensual same-sex sexual activity is not explicitly illegal. However, the country has a “public indecency” law that authorities have used to prosecute homosexuals. For example, in 2025, two lesbians were prosecuted under that clause. The prosecutor sought to have the women imprisoned for three years and fined 100,000 CFA francs. However, the judge of the case decided otherwise, explaining that the case lacked evidence that the matter had been publicly known before the police investigation. Shortly afterward, the judge was demoted for his decision. The demotion was viewed by some as an attack on judicial independence and highlighted the tension judges face between following the law and responding to cultural sensitivities and public opinion. Until 2026, consensual same-sex sexual activity was not explicitly illegal in Niger. However, the country had a “public indecency” law that authorities used to prosecute homosexuals. For example, in 2025, two lesbians were prosecuted under that clause. The prosecutor sought to have the women imprisoned for three years and fined 100,000 CFA francs. However, the judge of the case decided otherwise, explaining that the case lacked evidence that the matter had been publicly known before the police investigation. Shortly afterward, the judge was demoted for his decision. The demotion was viewed by some as an attack on judicial independence, and it also highlighted the tension judges face between following the law and responding to cultural sensitivities.
Qualifier(none)De Facto

edited by vico77. New law, illegal now

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End Date(none)Jun 11, 2026

edited by UnknownMiles. Adding more information and replacing links

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DescriptionConsensual same-sex activity is legal. However, ambiguities exist in the Penal Code of Niger for undefined 'moral' offenses. In Niger, consensual same-sex sexual activity is not explicitly illegal. However, the country has a “public indecency” law that authorities have used to prosecute homosexuals.

For example, in 2025, two lesbians were prosecuted under that clause. The prosecutor sought to have the women imprisoned for three years and fined 100,000 CFA francs. However, the judge of the case decided otherwise, explaining that the case lacked evidence that the matter had been publicly known before the police investigation. Shortly afterward, the judge was demoted for his decision. The demotion was viewed by some as an attack on judicial independence and highlighted the tension judges face between following the law and responding to cultural sensitivities and public opinion.
Show Difference
Consensual same-sex activity is legal. However, ambiguities exist in the Penal Code of Niger for undefined 'moral' offenses. In Niger, consensual same-sex sexual activity is not explicitly illegal. However, the country has a “public indecency” law that authorities have used to prosecute homosexuals. For example, in 2025, two lesbians were prosecuted under that clause. The prosecutor sought to have the women imprisoned for three years and fined 100,000 CFA francs. However, the judge of the case decided otherwise, explaining that the case lacked evidence that the matter had been publicly known before the police investigation. Shortly afterward, the judge was demoted for his decision. The demotion was viewed by some as an attack on judicial independence and highlighted the tension judges face between following the law and responding to cultural sensitivities and public opinion.
Sourceshttp://www.gaylawnet.com/laws/ne.htmhttps://76crimes.com/2025/08/12/niger-2-lesbians-released-after-provisional-detention/
https://76crimes.com/2025/08/11/acquittal-of-2-lesbians-in-niger-leads-to-uproar-over-judicial-independence/
https://www.journalduniger.com/niamey-un-juge-sanctionne-apres-un-verdict-controverse/
Show Difference
http://www.gaylawnet.com/laws/ne.htm https://76crimes.com/2025/08/12/niger-2-lesbians-released-after-provisional-detention/ https://76crimes.com/2025/08/11/acquittal-of-2-lesbians-in-niger-leads-to-uproar-over-judicial-independence/ https://www.journalduniger.com/niamey-un-juge-sanctionne-apres-un-verdict-controverse/
Reports (1)
  • Newer law has been passed "https://niger.dk/wp-content/uploads/2025/05/Charte-Refondation-26Mars2025.pdf"

edited by UnknownMiles. Date and description

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Start DateJan 1, 2006(unknown)
DescriptionConsensual same-sex activity is not illegal. However, ambiguities exist in the Penal Code of Niger for undefined 'moral' offenses. Consensual same-sex activity is legal. However, ambiguities exist in the Penal Code of Niger for undefined 'moral' offenses.
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Consensual same-sex activity is not illegal. However, ambiguities exist in the Penal Code of Niger for undefined \'moral\' offenses. legal. However, ambiguities exist in the Penal Code of Niger for undefined 'moral' offenses.
Sourceshttp://www.africanlii.org/node/201
http://www.gaylawnet.com/laws/ne.htm		http://www.gaylawnet.com/laws/ne.htm
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http://www.africanlii.org/node/201 http://www.gaylawnet.com/laws/ne.htm http://www.gaylawnet.com/laws/ne.htm

edited by vviet93

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Value(REMOVED)Legal
Special StatusAmbiguousLegal

created by ancoraggio

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Original entry
StatusAmbiguous
Start DateJan 1, 2006
End Date(none)
DescriptionConsensual same-sex activity is not illegal. However, ambiguities exist in the Penal Code of Niger for undefined 'moral' offenses.
Sourceshttp://www.africanlii.org/node/201 http://www.gaylawnet.com/laws/ne.htm
Reports (1)
  • Other "Just submitted this too early on accident. Would like to reclassify as "Legal", with same qualifying description."