Senegal: Article 319 Penal Code LGBT Penalties Doubled

• Senegal's parliament amended Article 319 of the penal code in March, doubling the maximum prison sentence for consensual same-sex conduct to 10 years and criminalizing the promotion of LGBT people.
• Human Rights Watch asserts that this crackdown on same-sex relations violates the Olympic Charter and international human rights obligations, raising concerns ahead of the Youth Olympic Games in Dakar.
• Recent arrests include at least five men in Thiès in December 2025 and twelve men in Dakar in February 2026, with 71 men referred to trial in August for "acts against nature."
• The increased penalties and stigma deter LGBT individuals from seeking HIV testing and treatment, and create ethical dilemmas for lawyers representing them.
• HRW urges President Bassirou Diomaye Faye to refer the amended law to the Constitutional Council and publicly guarantee protection from discrimination for all YOG attendees.

The heightened legal risks associated with Senegal's same-sex relations law also present significant ethical and practical challenges for legal professionals.

Senegal is facing intensified international scrutiny regarding its treatment of LGBT individuals, particularly in light of the upcoming fourth Summer Youth Olympic Games (YOG) scheduled to take place in Dakar. Human Rights Watch (HRW) has issued a strong call for the nation to cease its crackdown on same-sex relations, arguing that current government actions contradict the principles of the Olympic Charter. The prestigious event, set to host nearly 3,000 athletes under 17 years old in 25 sports from October 31 to November 13, places Senegal's human rights record under a global spotlight.

The concerns stem from a significant amendment made in March to Senegal's penal code. Article 319, which previously criminalized consensual same-sex conduct, now carries a maximum prison sentence of ten years, a doubling from the prior five-year penalty. Furthermore, the revised legislation explicitly criminalizes the promotion of or support for LGBT individuals and organizations, marking a severe escalation in legal restrictions. This legislative change has prompted human rights groups to assert that the government's stance on diversity and inclusion is inconsistent with the core tenets of the Olympic movement, which prohibits discrimination on any grounds and mandates respect for human rights and dignity from host nations.

The amendment to Senegal Article 319 penal code LGBT provisions follows a series of arrests that underscore the increasing legal risks faced by the community. In December 2025, at least five men were detained in the Thiès region of western Senegal, with another twelve men arrested in Dakar in February 2026. These individuals faced charges including "acts against nature," a term frequently used to denote same-sex relations, and "intentional transmission of HIV." Beyond these specific incidents, dozens more have been apprehended on suspicion of same-sex relations, with 71 men referred to trial in August on "acts against nature" charges.

Larissa Kojoue, an LGBT rights researcher for Human Rights Watch, highlighted that the ongoing government crackdown on LGBT people raises serious concerns about Senegal's adherence to international law, the Olympic Charter, and even its own domestic legal framework. Kojoue noted that the pervasive fear of arrest and increased stigma compels LGBT individuals to restrict their normal activities and refrain from exercising their fundamental rights. This climate of fear, as detailed in an HRW report, also drives people into hiding, making them less likely to seek crucial HIV testing and treatment, thereby exacerbating public health challenges.

The heightened legal risks associated with Senegal's same-sex relations law also present significant ethical and practical challenges for legal professionals. A lawyer in Dakar shared with HRW researchers that the societal perception often associates legal representatives with the causes they champion. This sentiment led his own colleagues and family to urge him against representing individuals accused of "acts against nature." Despite such pressures, the lawyer emphasized the universal right to a fair trial, stating that his primary concern was whether the rights of the accused were respected, regardless of the charges.

In response to these developments, Human Rights Watch has put forth several key recommendations. The organization urges President Bassirou Diomaye Faye to refer the amended penal code to the country's Constitutional Council. This referral would allow for an examination of the law's compatibility with constitutional guarantees of privacy, equality before the law, and non-discrimination. HRW also calls upon President Faye to publicly assure, prior to the Youth Olympic Games, that all participants, visitors, and residents will be safeguarded from discrimination and arbitrary arrest. Furthermore, HRW advocates for the National Assembly to repeal Article 319 entirely and to initiate a review aimed at eliminating HIV status as a basis for punishment. Senegal's commitment to human rights is also enshrined in the African Charter on Human and Peoples' Rights, which it ratified in 1982, guaranteeing rights such as fair trial, equal protection, and non-discrimination. The African Commission on Human and Peoples' Rights, during its recent ordinary session in Dakar, has similarly called on all 54 states party to the Charter, including Senegal, to ensure the protection of sexual minorities in line with its provisions.

Lawyers in Senegal must be aware of the significantly increased penalties under the amended Article 319 of the penal code for same-sex conduct and promotion, which creates heightened legal risk for LGBT individuals and ethical challenges for legal representation. Compliance officers should monitor the ongoing advocacy for repeal and potential constitutional challenges to this amendment, especially in light of international human rights obligations and the upcoming Youth Olympic Games.

Source: Original reporting via Human Rights Watch.