In February 2026, Niger’s military junta implemented a new Penal Code criminalising indecent, unnatural, and LGBTQIA+ acts with imprisonment ranging from 5 to ten years, alongside monetary penalties (Article 390). The same punishment applies to those who “artificially change their sex at birth” (Article 390). One of several unacceptable features of this law is the criminalisation of intersex persons. I argue that this law flagrantly violates Niger’s obligations under the core international human rights treaties that Niger has ratified.

In addition to criminalising LGBTQIA+ consensual sexual acts, the new law criminalises persons entering into same-sex marriages, and the organisers, officiators, and witnesses of such marriages with imprisonment ranging from ten to twenty years (Article 391). It similarly criminalises forming LGBTQIA+ societies/associations (Article 392). Unlike many countries that have always had anti-LGBTQIA+ laws, Niger never expressly criminalised LGBTQIA+ activities/relationships until now.

Despite the lack of a criminalising provision in Niger’s 2003 Penal Code, homosexuality was nevertheless stigmatised, and law enforcement agencies sometimes invoked Articles 275 and 276 (public indecency), or 277 and 278 (indecent assault), to incarcerate LGBTQIA+ persons. Only Article 282 addressed homosexuality, limited to committing an indecent or unnatural act with a minor of the same sex.

One might speculate that this law is a byproduct of the military coup in July 2023 and the usurpation of power by General Abdourahamane Tchiani. But that is not the case. The former president, Mohamed Bazoum, had also sought the implementation of anti-LGBTQIA+ laws, even suggesting the death penalty.

While criminalising lesbian, gay, bisexual, and transgender acts violates many human rights like the right to privacy (Article 17, International Covenant on Civil and Political Rights [‘ICCPR’]), freedom of expression (Article 19), the right to life (Article 6), etc., criminalising intersex persons, because of their status as such, also violates the right against torture and cruel, inhuman, and degrading treatment (Article 7).

Intersex persons have inherent sexual characteristics/genes that do not conform to the sex or gender binary. These characteristics are not artificially induced. Rather, these exist from birth. If the law criminalises intersex individuals, they are forced to undergo medical interventions to align with binary stereotypes. But Article 390 also criminalises those who undertake medical transitions to change their sex at birth. While this might extend only to a binary man/woman transitioning to the opposite binary gender, the language of the provision is precarious and should be urgently addressed.

Intersex persons already face tremendous violence, discrimination in all spheres of life, denial of equal opportunities, and even intersex infanticide. Niger’s law exacerbates their miseries.

Forced medical interventions on intersex persons amount to torture or cruel, inhuman, and degrading treatment, prohibited by Articles 2 and 16 of the 1984 UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (‘UNCAT’). They can cause severe irreversible consequences, including permanent infertility, pain, incontinence, loss of sexual sensation, and chronic depression. Forced medical interventions without free, full, and informed consent of intersex persons, particularly children, also violate the right to the highest attainable standard of physical and mental health (Article 12 of the 1966 International Covenant on Economic, Social, and Cultural Rights).

They also violate the 1989 UN Convention on the Rights of the Child (‘CRC’). The CRC encourages States to abolish traditional practices prejudicial to the health of children  (Article 24[3]), like female and intersex genital mutilation. They are seldom in the best interests of the child (Article 3), and restrict enjoyment of good health (Article 24(1)). Even if some medical intervention is urgently required for the child’s health, medical intervention undertaken only to conform to gender stereotypes is wrongful. Forcing a child to undergo genital surgeries not only prejudices their health, but also vitiates their right to preserve their own identity (Article 8), which is fundamental to human dignity. This law transgresses Niger’s duty to safeguard children from violence, injury, neglect, negligent treatment, and abuse (Article 19).

Hence, Niger’s new Penal Code violates the human rights of intersex persons, particularly children. The Human Rights Committee (ICCPR) and the UN Human Rights Council have previously urged Niger to decriminalise consensual sexual intercourse between same-sex adults and enact comprehensive anti-discrimination legislation prohibiting discrimination based on sexual orientation and gender identity. Niger rejected their recommendations.

While many countries have criminalised non-heterosexual orientations, criminalising gender identity and voluntary sex transitions is a new low. International human rights bodies must continue to call for reform in Niger. Until reform, the survival of intersex persons in Niger is extremely endangered.