Niger names asexuality in new criminal ban on LGBTQIA+ practices
Niger’s new Penal Code took effect on June 11, 2026. It expressly included “Asexual” in a list of punishable “Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual (LGBTQIA+) practices.” Articles 390–394 define neither asexuality nor the conduct that would count as an “asexual practice.”
Asexuality is a sexual orientation characterized by little or no sexual attraction. It is not the same as abstinence or celibacy and is not itself an act. The law names asexuality but creates no separate offence for lacking sexual attraction, refusing sex, or being celibate. Claims that Niger has “criminalized asexuality” therefore require this qualification. There is no reliable comparative evidence establishing that this is the world’s first such law.
The same formula had already appeared in Article 25 of the Charter of Refoundation , promulgated on March 26, 2025. The charter declared LGBTQIA+ “practices” prohibited and punishable but set no penalties. Ordinance No. 2026-09 of February 16, 2026, established the new Penal Code; according to the Associated Press , it took effect on June 11. Before then, consensual same-sex relations between adults were not explicitly criminalized. The reform began under President Mohamed Bazoum, whom the military overthrew on July 26, 2023, and was completed under General Abdourahamane Tiani’s regime.
Article 390 provides five to ten years in prison and a fine of 10 million to 100 million CFA francs for committing or attempting the listed “practices,” an “indecent or unnatural act,” or sexual relations with a person of the same sex. The same penalty applies to publicly displaying a same-sex romantic relationship and to “artificially” changing or attempting to change one’s sex assigned at birth.
Article 391 imposes 10 to 20 years in prison for a same-sex marriage. Officiants, witnesses, organizers, and anyone who consented to the ceremony face the same sentence. Under Article 392, managing, financing, or participating in an LGBTQIA+ organization or club carries 10–20 years in prison and a fine of 50 million to 500 million CFA francs; Article 393 imposes a comparable fine on legal entities. Article 394 bars mitigating circumstances and suspended sentences for these offences. Front Line Defenders says the provisions’ vague language and broad scope deprive courts of discretion to reduce or suspend sentences.
The law is already being enforced against people suspected of same-sex relations. On July 1, Reuters reported at least 16 arrests, including senior customs and police officials as well as civilians. A judicial source said the operation would continue in military barracks and on university campuses. The Guardian , citing local media, reported that as many as 40 people had been detained. Those reports concerned alleged same-sex conduct. As of August 22, 2026, there had been no reported cases of the provision being used specifically against asexual people.
The crackdown has also affected healthcare. The Guardian reported that organizations serving men who have sex with men stopped working, leaving people without access to condoms, testing, and pre-exposure prophylaxis. On July 23, Human Rights Watch reported that several community health workers had suspended outreach and support activities because they feared harassment or abuse.
In an August 2 regional overview , The Guardian placed Niger alongside Mali, Burkina Faso, and Senegal, where anti-LGBTQ legislation has also recently been introduced or tightened.
The undefined wording may expose asexual people and those defending their rights to arbitrary prosecution. How authorities and courts will interpret “asexual practices” remains unknown.
