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Senegal's National Assembly Approves Law Doubling Prison Sentences for Homosexuality

Harsher penalties come amid an anti-LGBTQ+ wave and increase

Senegal's National Assembly Approves Law Doubling Prison Sentences for Homosexuality
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Senegal - Ekhbary News Agency

Senegal Intensifies Penalties for Homosexuality with New Law

Dakar - In a move that has sparked significant debate and drawn criticism from human rights organizations, Senegal's National Assembly on Wednesday approved a new law that doubles the prison sentence for homosexual acts, setting the penalty range between five and ten years. This legislative development comes amid a notable surge in anti-LGBTQ+ sentiment within the country, manifested through an increasing number of arrests targeting individuals suspected of same-sex relations.

The new law awaits promulgation by President Bassirou Diomaye Faye to take effect. The parliamentary vote saw overwhelming support, with 135 deputies in favor, none against, and three abstentions, indicating a broad consensus within the legislature on this sensitive issue.

The legislation also introduces criminal sanctions for the promotion or financing of homosexuality within Senegal. It further stipulates that the maximum sentence will be imposed if the act involves a minor. The associated fines have also been significantly increased, ranging from 2 million to 10 million West African CFA francs (approximately €3,048 to €15,244), a substantial rise from the previous fines of 100,000 to 1,500,000 CFA francs (approximately €152 to €2,286).

Despite the increased penalties, the law includes a provision to punish anyone engaging in "abusive or bad-faith denunciation" against alleged homosexual individuals. While intended to safeguard against false accusations, critics argue this clause may not be sufficient to prevent harassment and persecution.

These developments unfold against a backdrop of heightened societal and political tension in Senegal, a predominantly Muslim nation where homosexuality has been a contentious topic for years. The debate intensified following the arrest of 12 men in early February, including two local celebrities, on charges of "acts against nature" – a term used to describe same-sex relations. Since then, daily press reports have detailed the arrest of dozens more individuals. Some arrestees face accusations of intentionally transmitting HIV/AIDS, further fueling virulent anti-homosexuality rhetoric.

Numerous human rights organizations have condemned these arrests and called for the immediate release of those detained. Deputy Diaraye Bâ, speaking from the parliamentary tribune to applause from some colleagues, declared that the law would ensure "homosexuals will no longer breathe in this country. Homosexuals will no longer have freedom of expression in this country." Meanwhile, Interior Minister Mouhamadou Bamba Cissé, representing the government, described the bill as a "beautiful law.".

This legislative push appears to respond to persistent demands from influential religious associations that have long called for the "criminalization" of homosexuality, which is widely considered a deviation in Senegalese society. The toughening of repression represents a political victory for the ruling party, which had made such promises during its election campaigns, recognizing its political appeal in the country.

Homosexuality is often framed in Senegal as a tool used by Westerners to impose values perceived as foreign to local culture. In this vein, the Interior Minister stated, "Senegal is a country open to the world. But this openness cannot justify our renouncing our values.".

Although the new law does not change the legal classification of homosexual acts from a "misdemeanor" to a "felony," Prime Minister Ousmane Sonko has indicated that the current classification is sufficient to "achieve what we want and even more." However, Sonko faces criticism from the opposition and some activists for not fulfilling his initial campaign promise to make it a felony. Opposition deputy Thierno Alassane, labeling the law a "law of deception," asserted, "You (the majority) are pursuing a policy based on lies. I will not vote for this law because it is a law of deception.".

Senegal is among the majority of African nations that prohibit and criminalize homosexuality. The death penalty is a possibility in countries such as Uganda, Mauritania, and Somalia. About a dozen other countries and territories impose penalties ranging from 10 years imprisonment to life imprisonment, including Sudan, Kenya, Tanzania, and Sierra Leone.

Keywords: # Senegal # homosexuality # National Assembly # law # prison sentences # human rights # LGBTQ+ # Africa # Bassirou Diomaye Faye # Ousmane Sonko