Current Version
| Region | Niger |
| Issue | Homosexual activity |
| Status | Legal |
| Start Date | (unknown) |
| End Date | (none) |
| Description | 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. |
| Sources | 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/ |
Revision History (4)
edited by UnknownMiles. Adding more information and replacing links
Helpful?
0 | Old Value | New Value (Current) | |
|---|---|---|
| Description | 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. |
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| Sources | 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/ |
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edited by UnknownMiles. Date and description
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Start Date | Jan 1, 2006 | (unknown) |
| Description | Consensual 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. |
Show Difference | ||
| Sources | http://www.africanlii.org/node/201 http://www.gaylawnet.com/laws/ne.htm | http://www.gaylawnet.com/laws/ne.htm |
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| Old Value (Original) | New Value | |
|---|---|---|
| Value | (REMOVED) | Legal |
| Special Status | Ambiguous | Legal |
created by ancoraggio
Helpful?
0 | Original entry | |
|---|---|
| Status | Ambiguous |
| Start Date | Jan 1, 2006 |
| End Date | (none) |
| Description | Consensual same-sex activity is not illegal. However, ambiguities exist in the Penal Code of Niger for undefined 'moral' offenses. |
| Sources | http://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."