Sénégal: Répression Loi Homosexualité Article 319 Durcie, Apologie Criminalisée

• Senegal's National Assembly overwhelmingly passed a reform to Article 319 of the Penal Code on March 11, 2026, significantly increasing penalties for same-sex relations.
• The revised law, promulgated on March 27, 2026, now mandates five to ten years imprisonment for "acts against nature" and criminalizes the "apology," promotion, or financing of homosexuality, bisexuality, or transsexuality.
• Enforcement began before the law's official enactment, with over 100 presumed LGBT individuals arrested since early February, including a first conviction of six years in prison on April 11.
• The crackdown has broadened, exemplified by the late July arrest of eight women for "acts against nature," and an ongoing case involving 71 men facing charges.
• This legislative shift has raised significant concerns among human rights defenders and impacted organizations addressing HIV/AIDS.

The revised law, promulgated on March 27, 2026, now mandates five to ten years imprisonment for "acts against nature" and criminalizes the "apology," promotion, or financing of homosexuality, bisexuality, or transsexuality.

Senegal has embarked on a significant legislative shift concerning same-sex relations, marking a new phase of enforcement. On March 11, 2026, the National Assembly overwhelmingly approved a reform to Article 319 of the Penal Code, with 135 votes in favor, none against, and only three abstentions. This decisive vote paved the way for a substantial tightening of the legal framework.

President Bassirou Diomaye Faye officially promulgated the new law on March 27, 2026, and it was subsequently published in the Official Journal three days later. This swift progression from legislative approval to official enactment underscores the government's commitment to the revised statute, which has already begun to manifest in tangible judicial actions across the country.

Prior to this reform, Senegal's legal landscape, influenced by French legislation since 1966, already criminalized same-sex sexual acts under the designation of “acts against nature,” carrying penalties of one to five years in prison. Historically, a French judicial police director even linked homosexuality to criminality, though global perspectives have evolved significantly, notably with France's 1982 law and the World Health Organization's removal of homosexuality from its list of mental illnesses in 1990.

The March 2026 amendment to Article 319 of the Penal Code dramatically strengthens Senegal's judicial arsenal. Penalties for “acts against nature” are now increased to five to ten years of imprisonment. Crucially, the legislation's scope has expanded to also criminalize the “apology” of homosexuality, bisexuality, or transsexuality, as well as any financing or support intended to “promote or magnify” these identities. Furthermore, the law includes provisions for sanctions against public denunciations made in bad faith, adding another layer to its comprehensive reach.

The impact of this durcissement loi anti-LGBT has been immediate and widespread, with interpellations commencing even before the law's official promulgation. Reports from Reuters indicated that 27 men were arrested between February 9 and 24 on charges related to “acts against nature.” Following the law's enactment, the pace of arrests continued, with Le Monde reporting that over 100 individuals presumed to be part of the LGBT community had been detained since early February.

The first conviction under the new legislation occurred swiftly, with a man sentenced to six years in prison on April 11 after being apprehended with another man in a Dakar suburb. The repression has also broadened its target demographic; in late July, eight women aged between 21 and 31 were arrested and presented to justice for “actes contre nature,” marking a notable shift as previous procedures predominantly involved men. A large-scale case involving nearly 100 men initially implicated saw 71 men referred to justice for infractions related to “actes contre nature” by early August, while 28 others received a non-lieu on this specific charge, as reported by the Senegalese newspaper Libération on August 31.

The implementation of the revised Article 319 of the Code pénal is not merely a legal adjustment but has fostered a climate of heightened repression across Senegal. This legislative change has generated significant concern among human rights defenders and has placed considerable pressure on organizations involved in the fight against HIV/AIDS, who now operate in an increasingly challenging environment.

Nearly six months after its passage, the new version of Article 319 is producing very concrete effects, underscoring the severe and broad implications for individuals and organizations operating within Senegal. Lawyers and compliance officers must be acutely aware of these significantly heightened legal risks and the severe penalties under the revised Article 319, which now extends beyond direct 'acts against nature' to include 'apology' and 'promotion/financing' of homosexuality, bisexuality, or transsexuality.

Lawyers and compliance officers operating in or with Senegal must be aware of the significantly heightened legal risks and severe penalties under the revised Article 319 of the Penal Code. This includes not only direct 'acts against nature' but also 'apology' and 'promotion/financing' of homosexuality, bisexuality, or transsexuality, necessitating a review of organizational activities, employee conduct policies, and potential exposure for clients or partners in the region.

Source: Reporting based on recent news coverage.