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ToggleSenegal Approves Law Against Homosexuality
Senegal has approved a draft law in its Council of Ministers that significantly toughens penalties for homosexual acts, raising sentences to between five and ten years in prison.
The announcement was made by Prime Minister Ousmane Sonko during a parliamentary session, confirming an election promise made by the ruling party, Pastef (African Patriots of Senegal for Work, Ethics and Fraternity).
The proposal amends Article 319 of the Senegalese Penal Code and broadens the sanctions not only against acts considered "against nature," but also against any person or organization that "advocates" homosexuality. The text still needs to be debated and voted on by the National Assembly before coming into force, but it has already triggered a strong internal debate and international relations.
In a predominantly Muslim country, where the issue has provoked religious demonstrations and social mobilization in recent years, the tightening of legislation comes in a context of recent arrests and growing tension on the streets of Dakar.
Stricter Penalties
According to Prime Minister Ousmane Sonko, "anyone who commits an act against nature will be punished with five to ten years in prison," replacing the current penalty of one to five years. The draft defines an act against nature as "any sexual or sexually suggestive act between two people of the same sex."
If the act involves a minor, the maximum penalty will be automatically applied, and the judge will not be allowed to grant a suspended sentence or reduce the penalty below the established minimum. The text also provides for a substantial increase in fines, which could reach up to 10 million CFA francs, six times the previously stipulated amount.
Another relevant change is the punishment of "anyone who has defended" homosexuality, with penalties ranging from three to seven years in prison. According to the Minister of Culture, Amadou Ba, organizations that promote content considered favorable to LGBT philosophy—whether through films, television, or written publications—may be subject to sanctions.
The government also added a mechanism to punish false accusations, with penalties of two to three years in prison and a fine for anyone who accuses someone without presenting evidence.
Prisons and Criticism
The proposal comes just weeks after a series of arrests that gained significant media attention. On February 7th, police announced the arrest of 12 men, including two local public figures, accused of "acts against nature."
Furthermore, some inmates who tested positive for HIV were accused by authorities of intentionally transmitting the virus, allegedly by endangering others through unprotected sex.
These events triggered anti-LGBT+ demonstrations in Dakar, organized by religious associations demanding harsher punishments. The issue of homosexuality has been presented by some sectors as incompatible with the country's cultural and religious values, and is frequently associated with alleged external influence.
Social mobilization has intensified in recent years, making the topic a recurring theme in Senegalese political debate.
Human rights organizations have expressed concern about the scope of the new legislation. Human Rights Watch warned of the risk of violations of freedom of expression, freedom of association, and access to healthcare.
According to the organization, criminalizing the "promotion and financing" of homosexual practices could directly affect NGOs working to combat HIV/AIDS, especially those that provide services to men who have sex with men, a group considered to be at higher risk of transmission.
Critics in Senegal speak of "political homophobia," arguing that the tightening of legislation could serve to divert attention from other socioeconomic issues. Some citizens fear an escalation of denunciations and persecution if the law is ultimately enacted.
The government, in turn, maintains that the measure responds to internal social demands and reaffirms the legislative sovereignty of the State.
Conclusion
The bill still depends on parliamentary approval, but its progress already demonstrates the depth of the debate in Senegal. Amid internal pressures, international commitments, and social tensions, the country faces a decisive moment regarding the balance between tradition, criminal law, and fundamental rights.
The vote in the National Assembly will determine the ultimate course of one of the most controversial reforms of the current Senegalese political cycle.
Picture: © Jalal Morchidi
