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Niger's leader announces plans to criminalise homosexuality

Mohamed Bazoum, the President of Niger, has reportedly announced plans to make homosexuality illegal in the African nation.

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News website 76 Crimes, which tracks developments in countries where homosexuality in illegal, reported the President recently made the announcement during a radio interview.

Currently homosexuality is not illegal in the country, but the nation is preparing to remove the colonial era French laws and bring in an entirely new penal code.

“Niger’s penal code dates back to 1810 and, with the exception of a few scattered modifications, it has never been subject to a thorough overhaul. For example, there is only one article in the penal code that deals with homosexuality, Article 282, and this article only punishes sexual relations with a minor under the age of 21.

“In the future penal code, there will be a whole section dedicated to homosexuality. Nevertheless, this led us to define homosexuality, with the different categories that it covers. … After this definitional work, we then thought about the offenses and the penalties. In any case, there will be a repeal of Article 282 in its current form.” the president said.

Bazoum said in the future any sign of attraction or affection for a person of the same sex would be prosecuted.

“Anyone who has feelings of love for someone of his own sex will be subject to an offense, to punish this deviance. For example, kissing another man when you are a man or kissing a woman when you are a woman will be punished… This will also be the case for caresses or other signs of affection.

“Then, a sexual relationship between people of the same sex, whatever the age, will constitute another offense. On the other hand, age will also be an aggravating circumstance of the offense, in a case where the partner is a minor.”

The President said people who wed someone of the same sex would face a range of punishments including the death penalty.

“In addition, marrying someone of one’s own sex will now be considered a crime, which implies penalties that can range from 10 years of criminal imprisonment to life imprisonment or the death penalty.

“The person who officiates the marriage, such as a marabout [Muslim spiritual leader] or a registrar, will be tried for a crime like the bride and groom, with similar penalties. The same applies to priests.

“The parent who has given his child in [that] marriage will be similarly punished for a crime. The same applies to witnesses or groomsmen, who will be punished by the law.

“Finally, any natural person who runs or finances a homosexual club in public or in private will be punished by imprisonment and a fine. Legal entities that manage, assist, proselytize or finance LGBT groups or even individuals in this category will be subject to prosecution.” Bazoum said.

The landlocked country in West Africa is home to 24 million people and gained independence from France in 1958. The country has a predominantly young population with 49 per cent of the population being under 15 years of age.

The country has one of the fastest growing populations in the world with an average of 7.1 children per mother. Over 90% of the population are Muslim.

Mohamed Bazoum became the country’s President in April 2021. He was previously country’s Minister for Foreign Affairs, and Minister of State for the Interior.

OIP Staff


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