Sahel's Sovereignty Façade: Human Rights and Public Health Under Siege in Niger

Niger is currently embroiled in a severe crackdown, where a new penal code, enacted in February, has triggered a “witch-hunt” against its LGBTQ+ population. This legislative shift, marking the first time homosexuality has been criminalised in the country’s history, has seen up to 40 people arrested and 16 men, including high-ranking military officials, imprisoned across the west African state.

The repercussions extend beyond mere arrests. The climate is described as “truly toxic,” with LGBTQ+ individuals forced into hiding, severing contact with crucial support networks. Most alarmingly, organisations providing HIV services to men who have sex with men have ceased operations. This cessation directly threatens public health, raising fears of a resurgence of HIV/Aids due to the loss of access to essential PrEP drugs, an economic and social cost that will undoubtedly burden the nation.

Niger’s new penal code specifies harsh penalties: “indecent or unnatural acts” and “sexual relations with a person of the same sex” are now punishable by up to 10 years imprisonment and a fine of up to 100m West African CFA francs (£130,000). Furthermore, participating in, witnessing, or organising a gay marriage, or even involvement with LGBTQ+ clubs and societies, can lead to prison terms of up to 20 years. These stringent measures signal a profound regression in human rights protections and civic freedoms.

**The Weaponisation of Law and Political Consolidation**

This legislative pivot arrives under the military government led by Gen Abdourahamane Tchiani, who seized power in a coup d’état in July 2023 and was sworn in as president for a five-year term in 2025. Tchiani’s regime, which dissolved all political parties, has promulgated the Charter of the Refoundation in March 2025 to replace Niger’s 2010 constitution. While this charter prohibited LGBTQ+ relations, the specific criminal penalties were only introduced with the new penal code in February. This phased approach indicates a calculated strategy to institutionalise repression under the guise of state authority.

**A Regional Trend of Repression and Rhetoric**

The criminalisation in Niger is not an isolated incident. It follows the introduction of similar laws and penal codes in neighbouring Mali and Burkina Faso within the past two years. This regional alignment coincides with Tchiani’s anti-imperialist rhetoric and the formation of the Alliance of Sahel States with Burkina Faso and Mali, a bloc that has notably broken away from the Economic Community of West African States (Ecowas). Larissa Kojoué, a political scientist and pan-African activist, critiques this narrative, stating that political leaders use claims of “African values” and sovereignty to “advance their own political agenda,” ultimately undermining human rights. This suggests a cynical deployment of nationalistic sentiment to justify authoritarian control and social repression across the Sahel.

**Economic and Social Implications**

The immediate economic implications are clear in the disruption of public health services and the likely flight of skilled individuals and organisations. The fines alone, up to £130,000, represent a significant financial burden in a region with considerable economic challenges. Beyond the direct costs, the “toxic” climate creates an environment unconducive to human capital development and broader social stability. This legislative crackdown by the military regime, while presented as a defence of national values, ultimately serves to consolidate power at the expense of its citizens' well-being and fundamental rights, casting a long shadow over the region's socio-economic trajectory.