Rising Anti-LGBTQI+ Legislation in Mali and Nigeria

Over the past two months, Sub-Saharan Africa has seen a concerning surge in oppressive legislation targeting freedom of expression and private life, particularly concerning LGBT+ individuals. This trend isn't isolated but appears to be a regional phenomenon with potentially devastating consequences.

Mali, which previously lacked specific anti-LGBT+ legislation, enacted a new penal code on the 13th of December 2024, criminalizing same-sex relationships and any advocacy, promotion, or favour of them. Article 325-2 of this code equates "any unnatural sexual act committed with an individual of the same sex" to indecent assault, punishable by up to seven years in prison and a fine. This marks a significant regression for Mali and introduces state-sanctioned discrimination where it didn't previously exist.

Any unnatural sexual act committed with an individual of the same sex also constitutes an indecent assault. Any comment, image, public or private writing, any public or private act, likely to approve, encourage, promote or facilitate the indecent assault … is punishable by seven years’ imprisonment and a fine of 500,000 francs ($775).

In Nigeria, where existing laws like the Criminal Code, Penal Code, and Sharia law already criminalise same-sex relations, the Federal government has further tightened restrictions with the revised Harmonised Armed Forces Terms and Conditions of Services (HAFCTS) 2024. This new regulation passed on December 16, 2024, explicitly prohibits military personnel from engaging in "homosexuality, lesbianism, and bestiality," belonging to LGBT+ groups, or engaging in activities associated with them, including cross-dressing. This reinforces existing discrimination and creates a climate of fear within the armed forces.

An officer must not engage in homosexuality, lesbianism, and bestiality. He/she is not to belong to, or engage in activities of the Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Intersex, Asexual or Agender, Two-Spirit (LGBTQIA2S+) group and cross-dressing, amongst others.”

The 2020 coup in Mali seems to have sparked a trend in the region, with similar coups taking place in Burkina Faso in 2022 and Niger in 2023.  All three countries are now under military juntas and transitional governments, and have taken steps to criminalize homosexuality. Notably, Niger's leaders announced intentions to criminalize homosexuality in the same year as their coup, followed by Burkina Faso in 2024.  Their political alignment suggests a coordinated effort to control social norms and suppress dissent.

The impact of these laws is far-reaching. In Nigeria, the HAFCTS 2024 represents an unnecessary and harmful overreach, further marginalizing an already vulnerable population. In Mali, the new penal code will likely trigger a wave of fear and persecution. Both countries are likely to see increased arbitrary arrests based on perceived sexual orientation and gender identity (SOGI), police brutality targeting sexual and gender minorities, increased ostracization from families and communities, denial of medical care, and homelessness.

Critically, these laws embolden private citizens to perpetrate violence against their LGBT+ neighbours, classmates, and colleagues. By codifying discrimination into law, the state implicitly sanctions hate crimes. Individuals may feel justified in taking the law into their own hands, leading to physical attacks, harassment, and other forms of abuse. This creates a climate of impunity where perpetrators of violence against LGBT+ individuals are less likely to be held accountable.

Rights Under Arrest, A 2024 report by the Centre for Health Education and Vulnerable Support (CHEVS) and The Initiative for Equal Rights (TIERs) exploring the 10-year impact of the Same-Sex Marriage Prohibition Act (SSMPA) in Nigeria provides a stark illustration of the consequences of such legislation. The report details numerous stories of the horrors unleashed by the SSMPA, including arbitrary arrests, extortion, physical and sexual violence, forced displacement, and denial of basic rights. This serves as a grim warning of what could unfold in Mali and further intensify in Nigeria.

This wave of anti-gender legislation also poses a significant threat to democracy in West Africa. By targeting and marginalizing specific groups, these laws undermine fundamental principles of equality and human rights. They create a climate of fear and repression that stifles dissent and weakens democratic institutions. The use of anti-LGBT+ sentiment as a political tool is a dangerous trend that threatens the stability and progress of the region.

Author:

Olufunso Kehinde A serves as the Insight and Learning Officer at CHEVS, where he spearheads the impact evaluation of social development projects. Utilizing feminist methodologies and approaches, Olufunso prioritises the voices and experiences of marginalised communities and target groups, acknowledging the complex intersections of identity that shape their lived realities. He holds a Master of Science degree in International Relations from Covenant University and has also completed coursework in NGO Actors in Global Health at the prestigious Paris Institute of Political Studies.