Durcissement des peines pour les « actes contre nature » : le Sénégal face à une réforme sensible
The Senegalese government announced at the Council of Ministers meeting on February 18, 2026, its intention to strengthen the legal framework against "acts against nature." This reform includes amending Article 319 of the Penal Code to clarify definitions, increase penalties, and criminalize the glorification and financing of these practices.
For Babacar Ba, president of the Forum of the Justiciable, this initiative responds to a "long-standing social demand" expressed for over a decade. Although the current draft focuses on increasing penalties, Mr. Ba believes that "the ultimate goal should be criminalization" to guarantee a significant deterrent effect. For his part, Babacar Sylla, coordinator of the And Sam Jikko yi collective, insists on the need to clarify the expression "acts against nature," which he considers imprecise, while also noting that his collective has already proposed a text that also addresses transgender and bisexual identity.
National sovereignty versus international commitments
Proponents of the reform invoke popular sovereignty to justify this legislative shift. Babacar Ba insists that "the people are sovereign" and that the law must reflect the majority's wishes. However, this position places Senegal in a zone of diplomatic tension. The country is a signatory to major texts, such as the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights, which enshrine the principles of non-discrimination and the protection of human dignity.
Faced with potential criticism from international bodies, Babacar Ba advocates for a "contextualization of law," arguing that global standards must adapt to national cultural realities. Babacar Sylla, for his part, believes that each nation must remain free to define its legal framework without external pressure, while acknowledging that the law will primarily have a "normative and deterrent" impact, without, however, completely eliminating the phenomenon.
The current legal framework
As a reminder, Article 319 currently stipulates, in paragraph 3, that anyone who commits an indecent or unnatural act with a person of the same sex is punishable "by imprisonment for one to five years and a fine of 100,000 to 1,500,000 francs." If the act involves a minor, "the maximum penalty will always be imposed."
This desire for reform comes in a climate of tension, marked by the recent arrest of more than 30 people for similar offenses.
Commentaires (8)
Participer à la Discussion
Règles de la communauté :
💡 Astuce : Utilisez des emojis depuis votre téléphone ou le module emoji ci-dessous. Cliquez sur GIF pour ajouter un GIF animé. Collez un lien X/Twitter, TikTok ou Instagram pour l'afficher automatiquement.