Niger just made same-sex marriage an actual crime

The West African nation of Niger has passed new laws criminalising both male and female homosexuality, while also making participation in a same-sex marriage in any capacity a criminal offence.

Under the new penal code approved by the Republic of Niger’s military rulers earlier this month, anyone who commits or, “attempts to commit an immodest or unnatural act or practices lesbian, gay, bisexual, transgender, queer, intersex, and intersex (LGBTQIA+) acts” will be jailed for five to ten years.

It’s unclear what would constitute an “asexual” act or how one would be proven.

“This same penalty is applicable to persons who officiated [a same-sex] marriage, to the witnesses of the alleged spouses, as well as to persons who have given their consent for the celebration of the marriage and to the organisers,” the new law states.

The Republic of Niger (not to be confused with Nigeria) has been ruled by a military junta that calls itself the National Council for the Safeguard of the Homeland following a coup in July of 2023, and is one of the poorest countries in the world.

Growing trend in former French West Africa

In November of that year, Niger formed the Alliance of Sahel States with Mali and Burkina Faso, which are also ruled by military juntas, to oppose foreign intervention in the region to restore democracy.

Burkino Faso also criminalised homosexuality in September last year, while Mali criminalised homosexuality in 2024.

All three countries are former French colonies with majority Muslim populations that have been battling insurgencies by jihadist groups that are allied to al-Qaida or the Islamic State.

Homosexuality was not typically criminalised across the French colonial empire, as France was one of the first countries in the world to decriminalise sex between men following the French Revolution in 1791.

While many African nations criminalise homosexuality under colonial-era laws inherited from the British, leaders in the three Alliance of Sahel States have framed the outlawing of homosexuality as an effort to undo colonialism.

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