(See Below for Case Law, Evidence of Public Attitudes, NGOs that Assist or Advocate on LGBTI issues, and Country of Origin LGBTI Specialists)
Same-sex sexual acts have always been legal in Niger.
However, the minimum age of consent (21) is higher for same-sex sexual acts, according to Article 282 of the Penal Code 2003 (in French). An ‘immoral or unnatural act’ with a ‘minor’ of the same sex (under 21) is punishable by a term of imprisonment of 6 months to 3 years, and a fine of between 10,000 and 100,000 CFA francs.
We do not currently list any case law, but we welcome suggestions of case law relating to LGBTI asylum claimants from Niger.
PUBLIC ATTITUDES AND/OR STATE'S CAPACITY TO PROTECT
No incidents of violence against LGBTI persons have been recently reported. However, in January 2014, security forces arrested two persons found naked in a parked car; the individuals were later convicted for public indecency and were ordered to pay a fine, according to the US State Department.
There have been no documented cases of discrimination in employment, housing, education or healthcare based on sexual orientation or gender identity. This, however, may be attributed to LGBTI persons’ reluctance to report incidents for fear of stigma or intimidation, according to the US State Department.
NON-GOVERNMENTAL ORGANIZATIONS (NGOs)
The US State Department notes that LGBTI associations tend to conduct their activities secretly, in part due to their reluctance to be officially registered.
We do not currently list any NGOs working with LGBTI persons in Niger, but welcome suggestions.
COUNTRY OF ORIGIN SPECIALISTS
Dr Benjamin N. Lawrance
Professor of History at the University of Arizona
Email: benlawemail [dot] arizona [dot] edu
Benjamin N. Lawrance is the former Conable Chair in International Studies at Rochester Institute of Technology and is currently a professor of history at the University of Arizona.He has conducted field research in West Africa since 1997 and published extensively about political and social conditions. He has served as an expert witness in the asylum cases for over 130 West Africans in the US, Europe and Canada which have involved human trafficking, citizenship, statelessness, female genital cutting, gender issues, gender identity, ethnic and religious violence, and witchcraft accusations.
Researched by: Minos Mouzourakis
Email: minosmouzourakisgmail [dot] com