Mass Arrests, Forced HIV Testing, Restricted Access to Legal Representation

- Senegal’s growing crackdown on LGBT people is raising serious concerns about violations of fundamental rights and increasing fear within the community.
- Fear of detention and discrimination is pushing some people into hiding, preventing them from accessing HIV testing and treatment, and discouraging lawyers from taking their cases.
- The situation raises questions about Senegal’s obligations under national and international law, particularly as the country prepares to host the Youth Olympic Games.
(Dakar) Senegal’s escalating actions against lesbian, gay, bisexual, and transgender (LGBT) people are creating widespread fear and exposing individuals to discrimination, Human Rights Watch said. The organisation has called for an immediate end to the crackdown, citing mass arrests, compulsory HIV testing and growing difficulties in obtaining legal assistance. Similar concerns have emerged across West Africa.
On March 11, 2026, Senegal’s parliament approved changes to Article 319 of the penal code. The amendments increased the maximum prison sentence for consensual same-sex activity to 10 years and introduced criminal penalties for promoting or supporting LGBT individuals and organisations.
These changes followed the arrest of at least five men in Thiès in December 2025 and 12 men in Dakar in February 2026. The allegations included acts against nature and intentional HIV transmission. Further arrests were reported in Thiès, Rosso, Saint Louis, Yeumbeul and Ziguinchor.
Larissa Kojoué, an LGBT rights researcher at Human Rights Watch, said the arrests and growing stigma have made ordinary activities increasingly difficult for LGBT people. She urged Senegalese authorities to stop measures that threaten basic rights.
Human Rights Watch spoke to 39 people in Senegal during May. They included five former detainees, two journalists, nine civil society representatives and human rights defenders, two government officials, two lawyers, four healthcare professionals and 15 members of the queer community. Researchers also examined official statements and reports from media outlets and nongovernmental organisations.
On September 29, the organisation contacted Senegalese authorities, including senior justice, police and gendarmerie officials, to present its findings and request clarification. Human Rights Watch said it had not received a response.
Consensual same-sex activity has been illegal in Senegal since 1965. However, hostility toward LGBT people has increased in recent years. During the 2024 presidential campaign, President Diomaye Faye and former Prime Minister Ousmane Sonko promised tougher restrictions on same-sex relationships. People interviewed by Human Rights Watch said the March amendments contributed to further hostility and attacks.
Mouhamadou Seck, secretary-general of the African Forum for the Defense of Human Rights, known as RADDHO, reported a substantial rise in detentions, violence and abuse targeting LGBT individuals across Senegal.
The total number of arrests could not be independently established by Human Rights Watch. However, RADDHO documented at least 212 arrests between February and July. The HIV Justice Network reported more than 300 arrests during that period.
Among those detained, 82 people were also accused of voluntary HIV transmission. A court subsequently dismissed those allegations in August.
Security officials have indicated that arrests were carried out using information obtained from confiscated mobile phones, reports from other individuals and searches of private properties.
The March changes to Senegal’s penal code also introduced broadly worded offences involving the promotion, financing and support of LGBT people and organisations. Lawyers and rights advocates said the provisions have created uncertainty among legal professionals, making representation more difficult for those arrested.
A Dakar-based lawyer told Human Rights Watch that legal professionals are sometimes associated with the people they defend. Although colleagues and relatives advised him against representing individuals accused of same-sex conduct, he maintained that everyone deserves a fair trial. The United Nations Basic Principles on the Role of Lawyers similarly establish that lawyers should not be identified with their clients or their clients’ causes.
Interviewees also described instances of detainees undergoing HIV tests without informed consent since February. According to their accounts, test results were subsequently used to support additional charges or extend detention.
Healthcare workers warned that these practices threaten medical confidentiality and may discourage people from seeking HIV-related healthcare.
One doctor in Dakar reported that some patients had fled or gone into hiding, while approximately one-third had stopped attending HIV treatment appointments.
Concerns have also emerged about the disclosure of confidential information during criminal investigations. Media coverage involving public figures contained personal details resembling information from investigative records, raising questions about possible leaks.
Other outlets published sensitive information relating to the 12 men arrested in February. Such disclosures reportedly exposed individuals to stigma, family rejection, threats and violence.
The Senegalese Constitution, together with applicable international human rights obligations, provides protections involving equality before the law, legal representation, privacy, medical consent and fair-trial rights.
Senegal’s Law No. 2010-03 of April 9, 2010, on HIV/AIDS establishes safeguards for people living with or affected by HIV. These include access to treatment, protection against discrimination, confidentiality of medical information and informed consent for testing. The legislation also protects detainees against compulsory HIV testing.
Senegal ratified the African Charter on Human and Peoples’ Rights in 1982. The charter protects equality, nondiscrimination and fair-trial rights.
The African Commission on Human and Peoples’ Rights, scheduled to meet in Dakar from October 12 to 21, has previously called on member states to safeguard sexual minorities and urged governments to prevent violence connected to sexual orientation and gender identity.
Senegal is also a party to the International Covenant on Civil and Political Rights (ICCPR). The UN Human Rights Committee has repeatedly concluded that criminalising consensual same-sex activity between adults conflicts with the covenant.
Senegal will host the Dakar 2026 Youth Olympic Games from October 31 to November 13, marking the first Olympic event held on the African continent.
The Olympic Charter commits the Olympic movement to nondiscrimination, human dignity and respect for human rights.
Human Rights Watch said Senegal’s ongoing crackdown raises significant questions about the country’s compliance with its own legislation, international human rights commitments and Olympic principles. The organisation renewed its call for the government to end the crackdown.