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    Senegal doubles maximum penalty for same-sex relations

    Senegal has passed a law that significantly expands the criminalization of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people and those who support them.

    Parliament passed the legislation on Wednesday, March 11, doubling the maximum penalty for same-sex relations, making them punishable by up to 10 years in prison amid a crackdown on the country's gay community.

    The bill, which must now be signed into law by President Bassirou Diomaye Faye, passed by an overwhelming majority in the National Assembly and also includes criminal penalties for those found guilty of promoting or financing same-sex relationships.

    The bill punishes "acts against nature," a term used to signify same-sex relations, by five to 10 years' imprisonment, compared with one to five years previously. It also provides for three to seven years in prison for anyone who engages in advocacy for same-sex relations. The new law additionally penalizes anyone who accuses another of same-sex offenses "without proof." After debating for several hours, lawmakers approved the bill by a vote of 135 in favor, zero opposed and three abstentions.

    "Homosexuals will no longer breathe in this country. Homosexuals will no longer have freedom of expression in this country," lawmaker Diaraye Ba declared from the podium during the debate, to applause from some of her colleagues.

    Under the bill, the maximum sentence will be handed down if the act was committed with a minor. Punishment will additionally include fines from two million to 10 million CFA francs ($3,500 to $17,600), compared to 100,000 to 1.5 million CFA francs previously.

    The law's explicit prohibition of "transsexuality" adds Senegal to a short list of countries such as Saudi Arabia and Brunei that criminalize gender expression, putting transgender people and anyone perceived as gender non-conforming at risk of arrest and prosecution.

    These provisions extend beyond private conduct to criminalize advocacy, journalism, civil society activity, and even the provision of support services. Organizations, donors, and human rights defenders may now face criminal liability for providing care or documenting abuses.

    Ahead of the passage of the law, between February 9 and February 24, some 27 men were arrested on suspicion of "acts against nature" as well as, in some cases, "voluntary transmission" of HIV, a crime carrying up to 10 years in prison, according to the International Federation for Human Rights.

    Rights groups say the measure is part of a broader trend of stricter anti-LGBTQ+ laws in the region, following similar moves in countries including Burkina Faso and proposed legislation in Ghana. More than half of the about 65 countries worldwide that criminalize same-sex relations are in Africa.

    Rallies in support of the new legal measure have been organized in recent weeks by groups promoting Islamic values, and the police have cracked down on alleged gay people and arrested at least a dozen people.

    The law, awaiting Presidential assent, fulfills a campaign promise of the prime minister, who had tried but failed to introduce it when he was in the opposition.

    The bill amends Article 319 of the Penal Code of Senegal, which was passed by a vote of 135 to none, with three abstentions. The bill will now proceed to the President for assent.

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