LGBTQ rights in Niger

LGBTQ rights in Niger
Niger
Legal status	Decriminalized, criminalization pending [1] age of consent not equalised
Gender identity	No
Military	No
Discrimination protections	Limited protections based on sexual orientation
Family rights
Recognition of relationships	No [1]
Adoption	No [2]

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, ^[1] 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. ^[1] 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. ^[1]

Discrimination protections

There are no broad legal protections against discrimination based on sexual orientation or gender identity. ^[3] 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. ^[4]

• 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." ^[5]

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." ^[3]

Summary table

Same-sex sexual activity legal	Decriminalized, criminalization pending
Equal age of consent
Anti-discrimination laws in hate speech and violence
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Same-sex marriage
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

• LGBTQ portal
• Africa portal

• Human rights in Niger
• LGBTQ rights in Africa

References

1. State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults "Archived copy" (PDF). Archived from the original on 27 June 2013. Retrieved 10 July 2019.
2. "Niger".
3. NIGER Archived 14 May 2011 at the Wayback Machine
4. "Law 2015-36 on the Illicit Trafficking of Migrants" (PDF) (in French). 2015. Retrieved 10 June 2025.
5. "Law 2022-59 on the Protection of Personal Data" (PDF) (in French). 2022. Retrieved 10 June 2025.