Senegal's escalating LGBTQ+ crackdown has forced hundreds into hiding amid mass arrests and forced HIV testing, according to a new report by Human Rights Watch (HRW). Since February, more than 320 individuals have been arrested and detained on allegations of "acts against nature," with at least 84 charged with "voluntary HIV transmission" solely based on their HIV status.
New Law Doubles Prison Terms for Same-Sex Relations
On 11 March, Senegal's parliament amended the penal code, doubling the maximum prison term 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 (£650–£6,500) for promoting homosexuality or supporting LGBTQ+ people and organizations. This legislative change has emboldened authorities to intensify the crackdown.
Impact on LGBTQ+ Community and HIV Response
The crackdown has severe implications for public health. Forced HIV testing and charges of voluntary transmission stigmatize people living with HIV and deter them from seeking care. "LGBTQ+ people are being forced to curb their normal activities … for fear of arrest and increased stigma," said Larissa Kojoué, LGBTQ+ rights researcher at HRW. "Senegal's government should call a halt to this crackdown, which threatens everyone's rights."
Key Takeaways
- Over 320 arrests since February under "acts against nature" allegations.
- At least 84 charged with "voluntary HIV transmission" based solely on HIV status.
- New law doubles maximum prison term to 10 years for same-sex relations.
- Penalties for promoting homosexuality include up to 7 years in prison and fines up to £6,500.
- LGBTQ+ individuals are forced into hiding, facing stigma and barriers to legal representation.
Comparison of Penalties Before and After March 2024
| Offense | Before March 2024 | After March 2024 |
|---|---|---|
| Consensual same-sex relations | Up to 5 years imprisonment | Up to 10 years imprisonment |
| Promoting homosexuality | Not specifically penalized | Up to 7 years imprisonment and fine of 500,000–5,000,000 CFA francs |
| Supporting LGBTQ+ organizations | Not specifically penalized | Up to 7 years imprisonment and fine of 500,000–5,000,000 CFA francs |
Historical Context and Rising Hostility
Same-sex sexual activity was criminalized in Senegal in 1965, but hostility towards LGBTQ+ individuals has grown in recent years. During the 2024 presidential campaign, candidates used anti-LGBTQ+ rhetoric to gain support, contributing to a climate of fear. The report highlights that mass arrests, forced HIV testing, and barriers to legal representation are part of an escalating crackdown.
International Response and Call to Action
Human Rights Watch urges Senegal's government to halt the crackdown and uphold the rights of all citizens. International organizations and activists are calling for increased pressure on Senegalese authorities to repeal the discriminatory laws and protect vulnerable communities. As the situation deteriorates, many LGBTQ+ individuals are fleeing the country or going into hiding.
FAQ
What is the current legal status of same-sex relations in Senegal?
Same-sex relations are illegal in Senegal, with penalties increased in March 2024 to up to 10 years in prison. Promoting homosexuality or supporting LGBTQ+ organizations can result in up to 7 years in prison and fines up to 5 million CFA francs.
How many people have been arrested in the crackdown?
Since February 2024, more than 320 individuals have been arrested and detained on allegations of "acts against nature." At least 84 have been charged with "voluntary HIV transmission" based solely on their HIV status.
What can be done to help LGBTQ+ people in Senegal?
Support international organizations advocating for LGBTQ+ rights, pressure the Senegalese government to repeal discriminatory laws, and raise awareness about the human rights abuses occurring in the country.