Mass arrests, forced HIV testing and barriers to legal representation are part of an escalating crackdown against LGBTQ+ people in Senegal, according to a new report.
More than ۳۲۰ individuals have been arrested and detained on allegations of “acts against nature” since February, according to HIV Justice Network, an organisation quoted in the Human Rights Watch (HRW) report. Among these, at least ۸۴ were charged with “voluntary HIV transmission”, solely on the basis of their HIV status.
The intensifying crackdown comes as the law criminalising homosexuality in the country was toughened earlier this year. On ۱۱ March, Senegal’s parliament amended the penal code, doubling the maximum prison term for consensual same-sex relations to ۱۰ years.
The new law introduced penalties of up to seven years in prison and a fine of ۵۰۰,۰۰۰ to ۵m CFA francs (£۶۵۰–£۶,۵۰۰) for promoting homosexuality, or supporting or financing LGBTQ+ people and organisations.
Larissa Kojoué, LGBTQ+ rights researcher at Human Rights Watch, said: “LGBTQ+ people are being forced to curb their normal activities … for fear of arrest and increased stigma. Senegal’s government should call a halt to this crackdown, which threatens everyone’s rights.”
Same-sex sexual activity was criminalised in Senegal in ۱۹۶۵, but hostility towards LGBTQ+ individuals has grown in recent years. During the ۲۰۲۴ presidential campaign, Bassirou Diomaye Faye, who ended up winning the election, and the former prime minister Ousmane Sonko promised to strengthen laws criminalising same-sex relations, framing the issue as a national priority.
Arrests of men and women have happened all over the country. The police say they have arrested people based on information extracted from seized phones, third-party allegations or raids on private premises.
The changes to the penal code have had a chilling effect on lawyers, who said they were afraid to represent people for fear of being prosecuted themselves, according to the report. Doctors told Human Rights Watch that the changes were discouraging people from seeking HIV testing and treatment.
While there was a ۴۹% fall in new HIV infections in western and central Africa from ۲۰۱۰ to ۲۰۲۲, sub-Saharan Africa remains disproportionately affected by the virus, with ۶۴% of all people living with HIV globally.
Sylvie Beaumont, a consultant with HIV Justice Network, said 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.
“The consequences are really bad and it’s sad because Senegal was a country that was doing well with their HIV response. They are shooting themselves in the foot.”
She said while the law criminalising deliberate HIV transmission was not part of the reforms to the penal code this year, there had been an “unprecedented” rate of arrests in recent months. She labelled the charges “nonsensical” because it was reported that most people had either only discovered their status upon arrest; were arrested with condoms; or were on treatment that renders transmission of the virus impossible.
The report said police had breached confidentiality of ongoing criminal investigations involving suspected LGBTQ+ people by leaking details to the media, which reported personal and confidential information, including HIV status – exposing individuals to social stigma, family rejection, threats and violence.
LGBTQ+ people interviewed by Human Rights Watch said the crackdown was instilling fear among their community, and causing them to feel anxious and depressed. Many have gone into hiding, restricted their movements or relocated; some have left the country.
The report pointed out that the crackdown flew in the face of domestic and international laws that guaranteed the right to a fair trial, privacy and non-discrimination.
The changes to Senegal’s penal code is part of a trend across sub-Saharan Africa towards more punitive legislation directed against LGBTQ+ people.
There have been dozens of arrests in Niger since it criminalised “sexual relations with a person of the same sex” in February. It was the first time in the country’s history that homosexuality had been criminalised, and followed the introduction of similar laws and penal codes in neighbouring Mali and Burkina Faso within the past two years. All three are ruled by military juntas.
In May, Ghana, which already outlaws gay sex, passed legislation criminalising LGBTQ+ “activities”. The bill, which has not been signed into law by the president, is the latest iteration of legislation first proposed in ۲۰۲۱. In ۲۰۲۳, Uganda’s Anti-Homosexuality Act made homosexual acts punishable by death.
