Category: Uncategorized

An investigation into the theft of a mobile phone, initiated following a complaint from a religious leader in the Diourbel region, led to the arrest of a group of 15 men suspected of “acts against nature.” In Senegal, this charge carries a penalty of up to 5 years imprisonment, under paragraph 3 of Article 319 of Law No. 65-60 of July 21, 1965. In addition, those found guilty face a fine ranging from 100,000 to 1,500,000 CFA francs (approximately €150 to €2,200).

Two-year prison sentence requested, awaiting verdict

The events reported by senenews began with a routine police investigation into theft, at the request of a religious dignitary who complained that his phones had been stolen.

The suspect quickly gave his version of events, justifying his retention of the religious leader’s belongings by claiming a debt owed for a previously agreed-upon and unpaid sexual encounter.

Further investigations into the circumstances of the relationship between the two men led to the arrest and searches of 15 men, all suspected of “unnatural acts,” with incriminating evidence linked to the discovery of messaging history on the dignitary’s phone, which had the WhatsApp application installed.

The individuals involved, all from Diourbel and the surrounding region, were taken into custody and have already appeared before a judge. According to our colleagues at seneweb, 13 of them have been placed in pre-trial detention, while two others have been released.

While prosecutor Farba Ngom requested a two-year prison sentence for 13 of the accused on Thursday, December 11, the court has decided to deliver its verdict on December 18.

Forced anal tests conducted in Senegal

During the investigations, local media revealed that some of the defendants underwent forced anal tests to prove their homosexuality, an act considered torture by the United Nations.

This is the first documented case of its kind in this West African country, a clear violation of Article 7 of the Senegalese Constitution, which states that “every individual has the right to bodily integrity.”

Finally, the HIV status of one of the accused was revealed in the press, adding the stigma surrounding HIV to the repression of homosexuality. The repercussions of this case continue to resonate in the Senegalese political arena, as Mame Mactar Guèye of the conservative NGO Jamra (meaning “the ember” in Wolof) is using this affair to highlight that a sixth bill in nine years proposing harsher penalties for homosexuality was introduced this year. Abdou Karim Gueye, from the Nittu Degg (“Woke” or “Doubout” in Wolof) movement, is behind this initiative. He has been banned from entering the European Union since 2020.

To date, all these attempts have failed or been blocked.

Senegalese authorities adopted a firmer stance on Friday, July 11, after stating that they had learned of the planned screening of a film that addresses the topic of sexual minorities. Homosexuality is illegal in Senegal and considered “unnatural.”

The path towards the criminalization of homosexuality continues in Senegal. A planned film screening on LGBTQIA+ issues, organized, according to Senegalese authorities, by the Dutch embassy and the regional office of the United Nations High Commissioner for Human Rights, sparked controversy this Friday.

The event, which was to be followed by a discussion, angered the government.

In a press release, the Ministry of African Integration and Foreign Affairs firmly reiterated that “the activities carried out by diplomatic and consular missions, international organizations, and non-governmental organizations on Senegalese territory must strictly comply with the laws and regulations in force in the country and scrupulously respect the cultural, religious, and social values that underpin the Senegalese nation.”

“Senegal does not accept any form of propaganda or promotion of the LGBTQI phenomenon.”

According to the authorities, minority rights are a matter of propaganda: “Senegal does not accept any form of propaganda or promotion of the LGBTQI phenomenon within its territory. This position has been clearly and repeatedly expressed by the highest authorities of the country,” the text adds.

As the issue of the criminalization of homosexuality resurfaces in public debate, Minister Yacine Fall has warned the organizers of this meeting.

“The government reserves the right to take all appropriate measures against any organizers of such activities and even against participants, regardless of their origin, status, or rank, in accordance with the laws and regulations in force,” she warned in her statement.

At the end of June, a draft law aimed at strengthening existing legislation was submitted. If this bill is passed, the penalties for those who commit what the authorities consider an “unnatural act” could increase to up to fifteen years in prison.

Homosexuality punishable by law

Currently, Article 319.3 of the Penal Code stipulates imprisonment for one to five years and a fine of 100,000 to 1,500,000 CFA francs (150 to 2,200 euros) if an “unnatural act with a person of the same sex” is committed.

While Senegalese public opinion is reportedly in favor of such a toughening of the law, according to the French newspaper Le Monde, “in practice, the adoption of this proposal by Parliament is proving difficult, as it could destabilize some of Senegal’s diplomatic relations.”

In May 2024, in Dakar, during a conference with Jean-Luc Mélenchon on relations between Africa and Europe, Senegalese Prime Minister Ousmane Sonko declared that Western activism in favor of sexual minorities could trigger a “new casus belli” with his country.

He also deplored the fact that “the issue of gender regularly appears in the programs of most international institutions and in bilateral reports, often even as a conditionality for various financial partnerships.”