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Senegal Anti-LGBT Law 2026: Increased Arrests, Criminalization of Advocacy, and Implications for Asylum Claims

  • Apr 6
  • 6 min read

Updated: 5 days ago

AHRC, April 06, 2026.

In March 2026, Senegal enacted a new law significantly expanding the criminalization of homosexuality, increasing prison sentences by double, up to ten years and penalizing the “promotion” of LGBTQ identity. The legislation, passed overwhelmingly by parliament and supported by the government, reflects a broader escalation of anti-LGBTQ measures across the region. For individuals in Senegal, the law not only intensifies the risk of arrest and detention but also creates a climate of fear, surveillance, and social persecution. These developments carry serious implications for asylum claims based on sexual orientation and gender identity.


President Bassirou Diomaye Faye signed the law after it was published in the official journal on March 31, 2026, finalizing legislation that Parliament approved on March 11, by an overwhelming majority - 135 votes in favor, none against, and three abstentions.

With no legal challenge lodged, the measure took effect immediately. What the 2026 Senegal Law Actually Does:


  • Prison sentences increased from 1–5 years → up to 10 years

  • Criminalizes “promotion” or support of LGBTQ identity

  • Introduces heavy fines and limits judicial discretion

  • Passed overwhelmingly by parliament (135–0 vote)

Same-sex relations, described in the law as "acts against nature of a sexual character between two persons of the same sex", now carry prison sentences of five to 10 years, up from one to five years.


Fines can reach 10 million CFA francs, or about €15,200. The maximum penalty applies if the act involves a minor.


Escalation of Arrests and Enforcement in Senegal

The passage of the law follows a documented increase in arrests and public crackdowns. Reports indicate that individuals have been detained on suspicion of same-sex conduct, often based on minimal or circumstantial evidence, contributing to widespread fear and concealment among LGBTQ populations. Arrests are increasing since early 2026. Fear is driving people underground and flight as enforcement is already active


Impact on LGBTQ Individuals: LGBTQ individuals in Senegal already faced criminalization under the existing anti homosexuality law - Article 319 of the penal code, which historically imposed prison sentences of up to five years. The 2026 amendment intensifies both legal and social risks, reinforcing stigma, enabling arbitrary detention, and exposing individuals to violence and extortion.
Implications for Asylum Claims : The enactment of this law provides strong, objective evidence of deteriorating country conditions. The criminalization of identity and advocacy, combined with increased enforcement, supports claims of well-founded fear of persecution. U.S. and international bodies have recognized that such legal frameworks, particularly when actively enforced, significantly heighten risk for LGBTQ individuals. Though persecution is much more complex than mere enforcement of criminalization, the criminalization and societal and religious taboos and stigma, serving as a catalyst for a myriad of harms

"Prime Minister Ousmane Sonko pledged to reinforce existing restrictions during his 2024 electoral campaign. Minister of Culture Amadou Ba said any group promoting what he described as "LGBT philosophy" through films, television, writing or other means would fall within the reach of the legislation. He said authorities view such ideas as outside of Senegalese customs, traditions and culture. LGBTQ rights advocacy is frequently denounced in Senegal as a tool used by Westerners to impose foreign values."


AHRC is noting an increase globally in claims for asylum from LGBTQ people who have fled Senegal.


The African Human Rights Coalition has received numerous requests for assistance from LGBTQI+ individuals in Senegal seeking protection from persecution by their own government.

Melanie Nathan*: Fear has gripped those who identify as LGBTQI+ in Senegal, with many currently in hiding, without solutions. We have documented reports indicating that LGBTQI+ persons are being actively targeted, including through arrest and detention. Authorities are reportedly confiscating phones, laptops, and tablets in efforts to identify, track, and entrap other individuals within the LGBTQI+ community.

The law is dangerous not only for the arrests and jail terms, but for a myriad of harms it serves to license, including violence against LGBTI people, exacerbated by the harmful and in inhumane rhetoric adopted by lawmakers.  MP Diaraye Ba during a debate on the bill to the applause of some of her colleagues: "Homosexuals will no longer breathe in this country;" and, Homosexuals will no longer have freedom of expression in this country."
African Human rights Coalition is calling on world leaders, civil society and agencies, to exert appropriate and effective diplomacy, funding and viable emergency protection measure and pathways for LGBT Senegalese. We cannot turn our back at a time like this.

The law also introduces penalties for those accused of promoting or supporting homosexuality.

This includes any public representation, distribution or promotion, as well as financial support by individuals or organizations. Those found guilty could face three to seven years in prison.

The legislation includes what the government describes as a safeguard. False accusations are punishable by two to three years in prison and fines of between about €300 and €750.

The changes come amid an intensifying crackdown. Since February, more than 30 people have been arrested on accusations linked to same-sex relations or the "voluntary transmission of HIV", including television personalities.

New arrests have been reported almost daily in local media. Since the start of the week, women accused of "lesbianism" have also been detained.

“We are living in fear”: Gay people in Senegal amid crackdown (Report by AFRICA NEWS)

In a hotel lobby in Dakar, a young man keeps his eyes fixed on the entrance, his back pressed against the wall. He says he has been in hiding since his family rejected him for being gay, and after police questioned a close friend.

Originally from Touba, a city central to Senegal’s Sufi Muslim tradition, he now lives discreetly with another friend who is unaware of his identity. His experience reflects a broader climate of fear in a country where homosexuality is criminalised, and where authorities are now pushing to strengthen those laws.

Accounts like his could not be independently verified, as most individuals spoke anonymously, citing risks of arrest or retaliation.

Push for harsher penalties

Senegal is among more than half of African countries where same-sex relations are illegal. But it is now moving toward stricter enforcement.

Earlier this year, Prime Minister Ousmane Sonko proposed doubling prison sentences for what the law describes as “acts against nature”, a term widely used to criminalise same-sex relations. The proposed amendment would raise the maximum sentence from five to ten years.

Parliament approved the measure on March 11. It now awaits the signature of President Bassirou Diomaye Faye to become law.

Same-sex conduct is already punishable under Article 319 of Senegal’s penal code, a legacy of colonial-era legislation. Enforcement has historically been inconsistent, but recent developments suggest a shift.

Arrests and rising hostility

Local media reports dozens of arrests since February, including that of journalist Pape Biram Bigué Ndiaye, who was later released. Police in Dakar say multiple investigations are ongoing.

Human Rights Watch has warned of escalating anti-LGBTQ+ rhetoric and increasing pressure on lawmakers to impose harsher penalties. Previous attempts to amend the law in 2022 and 2024 had failed.

Public hostility has also intensified. In 2023, a mob in Kaolack exhumed the body of a man believed to be gay and burned it in a public square, an incident widely shared on social media.

Protests and misinformation

In February, protests in Dakar framed homosexuality as a public health threat, with demonstrators accusing LGBTQ+ people of intentionally spreading HIV, claims widely rejected by health experts.

The demonstrations were led by And Samm Djiko Yi, a group campaigning to preserve what it describes as Senegalese values. Its founder, Serigne Ababacar Mboup, argues that homosexuality is incompatible with local traditions and accuses Western countries and international organisations of promoting it.

Growing risks for LGBTQ+ people

Advocacy groups say the environment has become increasingly hostile. Free Senegal, an organisation that helps LGBTQ+ individuals relocate, closed its safe house in Dakar in 2025 after concerns that neighbours could report residents to authorities.

The group says political actors have amplified anti-LGBTQ+ sentiment, particularly during election periods, while resources for protection and support remain limited.

Some individuals have fled the country. One activist, who left Senegal in 2000 after facing backlash over his involvement in a documentary on gay rights, now supports vulnerable individuals from abroad.

“I cannot return,” he said, describing years of threats and social rejection.


*Melanie Nathan, ED of African Human Rights Coalition is a country conditions expert witness for LGBTQI+ people seeking asylum from Senegal and other African countries.




 
 
 

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