More than 320 individuals have been arrested and detained in Senegal since February on allegations of “acts against nature”, according to a report released by Human Rights Watch on 12 October. The report, which draws on data from the HIV Justice Network, details mass arrests, forced HIV testing, and barriers to legal representation as part of an intensifying government crackdown.
At least 84 of those arrested have been charged with “voluntary HIV transmission” solely on the basis of their HIV status. The arrests have occurred across the country, with police relying on information extracted from seized phones, third-party allegations, and raids on private premises.
The legal environment shifted sharply on 11 March, when Senegal’s parliament amended the penal code to increase the maximum prison term for consensual same-sex relations from five to 10 years. The new law also introduced penalties of up to seven years in prison and fines of between 500,000 and 5 million CFA francs (approximately £650 to £6,500) for “promoting homosexuality” or supporting or financing LGBTQ+ people and organisations.
Larissa Kojoué, a LGBTQ+ rights researcher at Human Rights Watch, said in the report: “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.”
The crackdown has had a chilling effect on legal professionals. Lawyers told Human Rights Watch they were afraid to represent LGBTQ+ clients for fear of being prosecuted themselves under the new provisions. Doctors reported that the changes were discouraging people from seeking HIV testing and treatment, even as sub-Saharan Africa remains disproportionately affected by the virus, accounting for 64% of all people living with HIV globally.
Same-sex sexual activity has been criminalised in Senegal since 1965, but hostility has grown in recent years. During the 2024 presidential campaign, both the eventual winner, Bassirou Diomaye Faye, and former prime minister Ousmane Sonko promised to strengthen laws criminalising same-sex relations, framing the issue as a national priority.