Senegal: Situation and treatment by authorities and by society of individuals with diverse sexual orientation, gender identity and expression, and sex characteristics (SOGIESC); state protection; access to support services (2024–May 2026)
1. Overview
According to Human Dignity Trust, a UK-based organization that works to legally challenge legislation that discriminates against LGBT+ people globally (Human Dignity Trust n.d.), consensual same-sex relationships are prohibited by law in Senegal (2026-04-01). Human Rights Watch indicates that under article 319 of the Senegal Penal Code, consensual same-sex acts are criminalized as "'acts against nature'" (2026-02-18). Outright International (Outright), an organization working to "promote the human rights of LGBTIQ people worldwide" (Outright n.d.), notes that article 319 has been the "primary instrument" to prosecute same-sex intimacy between adults in the country (2026-03-18).
Human Rights Watch indicates that Members of Parliament in Senegal "unsuccessfully" proposed raising "custodial and financial penalties for 'acts against nature'" on 2 separate occasions, in 2022 and 2024 (2026-02-18). Sources indicate that in March 2026, the President of Senegal signed Law No. 2026-08, which amends article 319 (APS 2026-03-31; FLD 2026-04-29; US 2026-04-17) to "tighte[n] penalties for so-called 'unnatural' acts and broade[n] the scope of offenses" covered by the legislation (US 2026-04-17). The US Library of Congress states that the new law "replaces the code's former provision on 'indecent or unnatural acts' with a detailed definition of what constitutes an 'unnatural act'" (US 2026-04-17). Sources report that the bill was adopted by the National Assembly with an "overwhelming majority" (BBC 2026-04-01; FLD 2026-04-29; Le Monde with AFP 2026-03-12). Sources note that prior to the amendment, article 319 carried a sentence of 1 to 5 years imprisonment for same-sex acts, as well as fines between 100,000 and 1.5 million CFA francs (XOF) [C$243 and C$3,655] (Le Monde with AFP 2026-03-12; Erasing 76 Crimes 2025-07-16; US 2026-04-17). Human Dignity Trust states that the new legislation "doubles" the term of imprisonment from 5 to 10 years and increases the "maximum fine six-fold" (2026-04-01).
2. Legislation
The Senegalese Penal Code, amended in March 2026, provides the following:
[translation]
Article 319. - "Unnatural act" means:
- any sexual or sexually oriented act between two persons of the same sex;
- any sexual or sexually oriented act committed by a person of any sex against a human cadaver or against an animal.
Any person who commits an unnatural act shall be punished by imprisonment of 5 to 10 years and a fine of 2,000,000 to 10,000,000 CFA francs [C$4,874 to C$24,374], without prejudice to the penalties provided for in cases of rape or pedophilia.
If the unnatural act is committed with a minor, the maximum penalty shall be imposed.
The judge may not suspend the sentence or reduce the imprisonment below the minimum penalty provided for in paragraph 2 of this article.
Advocating for an unnatural act is defined as any public representation, by spoken word, writing, image, gesture, sound or any other means whatsoever, aiming to promote homosexuality, bisexuality, transsexuality, zoophilia, necrophilia or any similar practice.
Any person who, by any of the means set out in Article 248 of this Code, advocates for an act referred to in paragraph 1 of this article shall be punished by imprisonment of 3 to 7 years and a fine of 500,000 to 5,000,000 CFA francs [C$1,217 to C$12,172].
Any person who has intentionally financed or supported, by any means whatsoever, a person, group or activity with a view to promoting or glorifying homosexuality, bisexuality, transsexuality, zoophilia, necrophilia or any similar practice shall be punished by the penalties provided for in paragraph 6 of this article.
Persons convicted of offences set out in the above paragraphs of this article shall be deprived of the rights listed in Article 34 of this Code, for a period of 10 years commencing on the day the main penalties become final.
Any person who in bad faith reports, by any of the means set out in Article 248 of this Code, an act referred to in this article shall be punished by imprisonment of 2 to 5 years and a fine of 500,000 to 2,000,000 CFA francs. (Senegal 2026, emphasis in original)
According to the Herald, a newspaper based in Ghana, supporters argue that the new law "reflects the country's cultural and religious values," and "many" legislators believe that it "aligns with public sentiment" (2026-04-01).
3. Treatment of Individuals Based on Their SOGIESC
3.1. Treatment by Authorities and Implementation of Legislation
Human Dignity Trust notes that in "recent" years, there has been "substantial" evidence of the Penal Code being enforced, with LGBT individuals "frequently" facing arrests and "arbitrary detention where they are vulnerable to torture" (2026-04-15). The Guardian indicates that for "years," arrests of LGBTQ+ individuals have "typically surged during periods of political pressure or public moral panic" (2026-04-07).
A member of the Senegalese parliament, as reported by media sources, stated during a parliamentary debate on the 2026 legislation that "'[h]omosexuals will no longer breathe in this country'" and they "'will no longer have freedom of expression'" in Senegal (RFI 2026-03-12; Le Monde with AFP 2026-03-12). Al Jazeera with Agence France-Presse (AFP) states that the passage of the 2026 law "coincides with an increase in arrests of gay people" in the country (Al Jazeera with AFP 2026-05-22). Reuters indicates that according to local human rights activists and media reports, 86 people had been arrested since "early" February, including 18 individuals arrested during a single raid in the town of Linguere in the Louga Region on April 19 (2026-04-29).
Sources indicate that authorities arrested 12 men in February 2026 in Dakar for "'acts against nature'" (Human Rights Watch 2026-02-18; The Guardian 2026-04-07; Al Jazeera with AFP 2026-05-22). Outright reports that these individuals were subjected to "forced" HIV testing (2026-03-18). The Guardian adds that the police searched a phone belonging to one of the arrested individuals, a Senegalese television presenter, and used it to "identify and trace those connected" to the presenter; subsequently, 42 people tied to the presenter were detained (2026-04-07). Speaking to the Guardian, a representative of the HIV Justice Network, an organization that monitors HIV criminalization, noted that those who undergo "forced" HIV testing also face the "automatic addition of intentional transmission charges" if their HIV status is positive; the representative noted that this is a "'fairly new development'" (The Guardian 2026-04-07).
According to media sources, on 10 April 2026, Senegal handed down its "first" conviction under the new law, sentencing a man to 6 years in prison (AP 2026-04-13; AFP 2026-04-15) and a fine of 2 million XOF for "'acts against nature and public indecency'" (AP 2026-04-13). Reuters indicates that as of late April 2026, there had been 2 convictions under the new law (2026-04-29).
3.2. Treatment by Society
According to Human Dignity Trust, in "recent" years, there have been "consistent reports of discrimination and violence" against LGBT people, including "murder, assault, mob attacks, harassment, and threats" (2026-04-15). Le Monde with AFP reports that religious associations in Senegal had organized demonstrations to call for "tougher penalties" against the LGBTQ+ community (Le Monde with AFP 2026-03-12).
In an article discussing the impact of the article 319 amendment, Aditya Dalal, an assistant professor of law at the National Law School of India University, notes that LGBTQ+ individuals in Senegal have a "lack of equal" job opportunities and this law "ostracises" them from the society as well as "curtails" their access to public services (Dalal 2026-04-08).
4. State Protection
Information on state protection was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.
SeneNews, an independent news site (SeneNews n.d.), reports that in February 2026 a young man wearing jewellery around his waist and [translated] "presumed to be homosexual" was assaulted by a crowd (SeneNews 2026-02-13). Police removed the young man from the crowd, and subsequently brought him to the police station, where they questioned him and examined his cell phone; finding [translation] "pornographic videos" featuring men and women on his phone, police held the young man for an "ongoing investigation" (SeneNews 2026-02-13).
5. Access to Support Services
Sources note that the legislation criminalizes the "'promot[ion]'," the financing, and the support of same-sex relations (Human Dignity Trust 2026-04-15; BBC 2026-04-01; Outright 2026-03-18). According to the Associated Press (AP), the new law's provisions on the promotion and financing of homosexuality is an effort to "crack down" on groups that support individuals with diverse SOGIESC (2026-04-13). Similarly, the International Federation for Human Rights (Fédération internationale pour les droits humains, FIDH) states that this law poses a "serious threat to freedom of expression and association, as well as to human rights defenders, civil society organisations, journalists and lawyers," since its use of "vague terms" may lead to "criminalising legitimate human rights activities" (2026-03-17). According to Front Line Defenders (FLD), an international organization aiming to protect human rights defenders (FLD n.d.), the amended law "specifically targets" human rights activists and civil society organizations by "criminalizing solidarity" with LGBTQ+ individuals (2026-04-29). The same source indicates that the law uses language that is "phrased broadly enough" to criminalize the documentation of human rights violations or the delivery of services to LGBTQ+ people (FLD 2026-04-29).
FLD notes that between February and April 2026, their organization received 15 requests for protection and support from LGBTQ+ rights activists in Senegal, several of whom fled the country "due to persecution and risks to their safety" (2026-04-29). Speaking to Reuters anonymously, a queer community health worker who used to hand out HIV prevention tools in Dakar stated that they did not "'dare leave the house anymore'," and they "'double-lock[ed] all the doors and windows'" (Reuters 2026-04-29). Reuters indicates that according to a survey of 22 HIV/AIDS treatment centres conducted in late February by the government's National Council for the Fight Against AIDS, patient visits had reduced by 25.6 percent in 1 month, with a number of men who have sex with men saying they were "avoiding" visiting treatment centres because they "feared being denounced, arrested or subject to verbal and physical harassment" (2026-04-29).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Agence de Presse Sénégalaise (APS). 2026-03-31. "Le président Faye promulgue loi durcissant les sanctions contre les actes contre nature." [Accessed 2026-05-05]
Agence France-Presse (AFP). 2026-04-15. "Senegalese Man Jailed Under Country's First Same-Sex Conviction." [Accessed 2026-05-07]
Al Jazeera with Agence France-Presse (AFP). 2026-05-22. Daniel Khalili-Tari. "Senegal PM Slams West's 'Homosexual Tyranny', Defends LGBTQ Crackdown." [Accessed 2026-05-22]
Associated Press (AP). 2026-04-13. Babacar Dione & Mark Banchereau. "Senegal Has First Conviction Under Law Toughening Punishment for Homosexual Acts." [Accessed 2026-05-06]
British Broadcasting Corporation (BBC). 2026-04-01. Nicolas Negoce & Basillioh Rukanga. "Senegal President Signs Tough New Anti-LGBT Law Doubling Jail Terms." [Accessed 2026-05-05]
Erasing 76 Crimes. 2025-07-16. Moïse Manoël-Florisse. "Senegal: Conservatives Keep Pushing for Tougher Anti-Homosexuality Law." [Accessed 2026-05-19]
Dalal, Aditya. 2026-04-08. "Amending Article 319 of Senegal's 1965 Penal Code Violates the Human Right to Health." Oxford Human Rights Hub, University of Oxford. [Accessed 2026-05-13]
Fédération internationale pour les droits humains (FIDH). 2026-03-17. "Senegal: The Discriminatory Law Against LGBTIQ+ People Must Not Be Enacted." [Accessed 2026-05-07]
Front Line Defenders (FLD). 2026-04-29. "Human Rights Defenders in Senegal at Heightened Risk from Anti-LGBTQ+ Law." [Accessed 2026-05-05]
Front Line Defenders (FLD). N.d. "About Us." [Accessed 2026-05-05]
The Guardian. 2026-04-07. Hannah Uguru. "'We Fear the Epidemic Will Return': Senegal's Harsh Anti-Gay Law Puts Decades of HIV Progress in Jeopardy." [Accessed 2026-05-19]
The Herald. 2026-04-01. "Senegal Tightens Anti-LGBT Laws as President Faye Signs Harsher Penalties." [Accessed 2026-05-13]
Human Dignity Trust. 2026-04-15. "Senegal." [Accessed 2026-05-06]
Human Dignity Trust. 2026-04-01. "Senegal Increases Penalty for Consensual Same-Sex Intimacy." [Accessed 2026-05-15]
Human Dignity Trust. N.d. "What We Do." [Accessed 2026-05-28]
Human Rights Watch. 2026-02-18. Larissa Kojoué. "Senegal Arrests 12 Men Using Punitive Anti-LGBT Laws." [Accessed 2026-05-12]
Le Monde with Agence France-Presse (AFP). 2026-05-22. "Senegalese PM Sonko Claims Western 'Tyranny' Aims to 'Impose' Homosexuality on the World." [Accessed 2026-05-25]
Le Monde with Agence France-Presse (AFP). 2026-03-12. "Senegal Parliament Votes to Double Maximum Penalty for Same-Sex Relations." [Accessed 2026-05-07]
Outright International (Outright). 2026-03-18. Thiruna Naidoo & Yvonne Wamari. "Escalating Threats to LGBTQ People in Senegal: Legal Reform, Moral Panic, and the Devastating Consequences to Public Health and Human Rights." [Accessed 2026-05-12]
Outright International (Outright). N.d. "About Us." [Accessed 2026-05-12]
Radio France internationale (RFI). 2026-03-12. "Senegalese MPs Vote to Double Jail Terms for Same-Sex Relations." [Accessed 2026-05-07]
Reuters. 2026-04-29. Robbie Corey-Boulet & Ngouda Dione. "HIV Patients in Senegal Skip Treatment, Fearing Arrest amid Anti-LGBTQ Crackdown." [Accessed 2026-05-07]
Reuters. 2026-03-11. Robbie Corey-Boulet & Diadie Ba. "Senegal Doubles Maximum Penalty for Same-Sex Activity to 10 Years' Jail." [Accessed 2026-05-15]
Senegal. 2026. Loi n° 2026-08 du 27 mars 2026 modifiant l’article 319 de la loi n° 65-60 du 21 juillet 1965 portant Code pénal, modifiée. Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2026-05-01]
SeneNews. 2026-02-13. Souleymane Barry. "Tentative de lynchage à Ouest-Foire : arrêté avec un 'bine-bine' aux reins, ce que le suspect a dit aux enquêteurs." [Accessed 2026-06-10]
SeneNews. N.d. "Qui sommes-nous?" [Accessed 2026-06-11]
United States (US). 2026-04-17. Library of Congress. "Senegal: Government Amends Penal Code on Homosexuality." By Louis Gilbert. [Accessed 2026-05-01]
Additional Sources Consulted
Internet sites, including: Amnesty International; Australia – Department of Foreign Affairs and Trade; Austrian Red Cross – ecoi.net; Balkan Insight; Council on Foreign Relations; Deutsche Welle; EU – EU Agency for Asylum; France 24; The Franklin & Marshall Global Barometers; ILGA World; International Review of the Red Cross; International Crisis Group; The New Humanitarian; Radio Télévision Sénégalaise; SeneWeb; UK – Home Office; UN – Office of the High Commissioner for Human Rights, UNHCR, Refworld; US – Department of State.