LGBTQ rights in Niger

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Niger face significant challenges not experienced by non-LGBTQ residents. Although same-sex sexual activity is legal, the Nigerien LGBTQ community faces stigmatization among the broader population.

Law regarding same-sex sexual activity

Same-sex sexual activity is currently legal in Niger, but its criminalisation is pending. Also, the age of consent is not equal for same-sex and opposite-sex sexual activity. The age of consent is set at 13 years for heterosexuals and 21 years for homosexuals.

Recognition of same-sex relationships

Niger does not legally recognize same-sex unions.

Discrimination protections

There are no broad legal protections against discrimination based on sexual orientation or gender identity. However, some limited protections based on sexual orientation are in place:

Article 4 of Law 2015-36 on the Illicit Trafficking of Migrants prohibits discrimination based on sexual orientation.

Article 95 of Law 2022-59 on the Protection of Personal Data, states: "The act, except in the cases provided for in Article 42 of this law, of collecting and processing data that reveals racial, ethnic, or regional origin, parentage, political opinions, religious or philosophical beliefs, trade union membership, sexual life or sexual orientation, genetic data, or, more generally, data relating to the health of the person concerned shall be punishable by imprisonment of three months to five years and a fine of 5,000,000 to 50,000,000 francs."

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that "there were no known organizations of lesbian, gay, bisexual, or transgender persons and no reports of violence against individuals based on their sexual orientation or gender identity. However, gay persons experienced societal discrimination."

Summary table

References