Mass arrests, forced HIV testing and barriers to legal representation are part of an escalating crackdown against LGBTQ+ people in Senegal, according to a new report. More than 320 individuals have been arrested and detained on allegations of “acts against nature” since February, according to HIV Justice Network, an organisation quoted in the Human Rights Watch (HRW) report. Among these, at least 84 were charged with “voluntary HIV transmission”, solely on the basis of their HIV status.
The intensifying crackdown comes as the law criminalising homosexuality in the country was toughened earlier this year. On 11 March, Senegal’s parliament amended the penal code, doubling the maximum prison term for consensual same-sex relations to 10 years. The new law introduced penalties of up to seven years in prison and a fine of 500,000 to 5m CFA francs (£650–£6,500) for promoting homosexuality, or supporting or financing LGBTQ+ people and organisations.
Larissa Kojoué, LGBTQ+ rights researcher at Human Rights Watch, said: “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.” Same-sex sexual activity was criminalised in Senegal in 1965, but hostility towards LGBTQ+ individuals has grown in recent years. During the 2024 presidential campaign, Bassirou Diomaye Faye, who ended up winning the election, and the former prime minister Ousmane Sonko promised to strengthen laws criminalising same-sex relations, framing the issue as a national priority.
Arrests of men and women have happened all over the country. The police say they have arrested people based on information extracted from seized phones, third-party allegations or raids on private premises. The changes to the penal code have had a chilling effect on lawyers, who said they were afraid to represent people for fear of being prosecuted themselves, according to the report.
Doctors told Human Rights Watch that the changes were discouraging people from seeking HIV testing and treatment. While there was a 49% fall in new HIV infections in western and central Africa from 2010 to 2022, sub-Saharan Africa remains disproportionately affected by the virus, with 64% of all people living with HIV globally. Sylvie Beaumont, a consultant with HIV Justice Network, said she had received anecdotal evidence that HIV clinics had seen a drop in attendance.
They are shooting themselves in the foot.” She said while the law criminalising deliberate HIV transmission was not part of the reforms to the penal code this year, there had been an “unprecedented” rate of arrests in recent months. She labelled the charges “nonsensical” because it was reported that most people had either only discovered their status upon arrest; were arrested with condoms; or were on treatment that renders transmission of the virus impossible. The report said police had breached confidentiality of ongoing criminal investigations involving suspected LGBTQ+ people by leaking details to the media, which reported personal and confidential information, including HIV status – exposing individuals to social stigma, family rejection, threats and violence.
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