An escalation in state-led hostility toward the LGBTQ+ community in Senegal has resulted in hundreds of detentions, forced HIV testing, and significant barriers to legal defense. Data referenced by Human Rights Watch from the HIV Justice Network indicates that since February, at least 320 individuals have been apprehended on allegations of engaging in “acts against nature.” Among those detained, 84 people were specifically accused of “voluntary HIV transmission,” a charge applied solely based on their HIV status. Third-party allegations or raids on private premises, the police say they have arrested people based on information extracted from seized phones.
This surge in arrests follows significant legislative changes enacted earlier this year. On March 11, the Senegalese parliament approved amendments to the national penal code that doubled the maximum prison sentence for consensual same-sex relations to 10 years. Furthermore, the new measures establish penalties of up to seven years in prison and substantial fines ranging from 500,000 to 5 million CFA francs for activities categorized as promoting, supporting, or financing LGBTQ+ individuals or organizations. The new law introduced penalties of up to seven years in prison and a fine of 500,000 to 5m CFA francs (£650–£6,500) for promoting homosexuality, or supporting or financing LGBTQ+ people and organisations. Arrests of men and women have happened all over the country.
Larissa Kojoué, a researcher specializing in LGBTQ+ rights at Human Rights Watch, noted that the climate of fear is forcing many to restrict their daily lives and movements. She emphasized that the current government strategy undermines fundamental rights and should be halted immediately. The crackdown is supported by rhetoric from leadership, including during the 2024 presidential campaign, where President Bassirou Diomaye Faye and former Prime Minister Ousmane Sonko characterized the strengthening of these laws as a national priority. The bill, which has not been signed into law by the president, is the latest iteration of legislation first proposed in 2021.
The impact of this policy shift extends to public health and the legal system. Local medical professionals report that these developments discourage individuals from seeking necessary HIV testing and treatment. Sylvie Beaumont, a consultant for the HIV Justice Network, highlighted that while Senegal previously maintained a successful HIV response, the current environment is severely damaging these gains. Beaumont added that charges related to “voluntary transmission” are often baseless, as many accused individuals were either unaware of their status or were already undergoing effective treatment that renders transmission impossible. According to sylvie Beaumont, a consultant with HIV Justice Network,, She had received anecdotal evidence that HIV clinics had seen a drop in attendance. “Obviously this is not good for the HIV response because people are going without treatment, they’re not going to get tested,” she said.
Furthermore, the legal landscape has become increasingly precarious. Lawyers have expressed reluctance to provide representation for those accused, fearing they could face prosecution themselves. Reports also indicate that police have compromised the confidentiality of ongoing investigations by leaking private details and HIV statuses to the media, leading to increased social stigma, family rejection, and threats of violence against the accused.
Individuals within the LGBTQ+ community describe a pervasive atmosphere of anxiety and depression, prompting many to go into hiding or flee the country entirely. These actions by state authorities have drawn criticism for violating domestic and international guarantees regarding privacy, non-discrimination, and the right to a fair trial.
Senegal’s legislative trajectory mirrors a broader trend toward punitive policies against LGBTQ+ individuals across sub-Saharan Africa. Similar developments have been observed in Niger, where dozens have been arrested since the criminalization of same-sex relations in February, as well as in Mali and Burkina Faso, which are currently governed by military juntas. Additionally, Ghana has seen legislative attempts to outlaw LGBTQ+ “activities,” while Uganda remains under an Anti-Homosexuality Act that prescribes the death penalty for certain offenses. But hostility towards LGBTQ+ individuals has grown in recent years, same-sex sexual activity was criminalised in Senegal in 1965. Sub-Saharan Africa remains disproportionately affected by the virus, with 64% of all people living with HIV globally, while there was a 49% fall in new HIV infections in western and central Africa from 2010 to 2022. In 2023, Uganda’s Anti-Homosexuality Act made homosexual acts punishable by death.
