Senegal’s Anti-LGBT Crackdown Brings Mass Arrests, Forced HIV Tests: Rights Group

Dakar: Senegal’s tightened laws against same-sex relationships have led to mass arrests, forced HIV testing and obstacles to legal representation, Human Rights Watch (HRW) said in a report published on October 12, urging the government to end the crackdown immediately.

Parliament amended article 319 of the penal code on March 11, doubling the maximum prison term for same-sex acts to 10 years and creating a new offence of “promoting” homosexuality. Same-sex activities has been illegal in Senegal since 1965. The Senegalese rights group RADDHO counted at least 212 arrests between February and July, while the HIV Justice Network reported more than 300. HRW said it could not independently verify the national total. In August, 71 men were prosecuted in one case.

HRW said authorities tested most detainees for HIV without informed consent and, when results were positive, added charges such as “voluntary HIV transmission” and endangering others’ lives. Some 82 people faced the HIV transmission charge, which a court dismissed in August. A doctor told HRW that non-consensual testing and disclosure of HIV status were known practices. Health workers warned that the practice breaches medical confidentiality and drives people away from testing and getting treatment. Lawyers also said the “promotion” offence has made some colleagues reluctant to represent those charged.

HRW based its findings on interviews with 39 people, including detainees, lawyers, health professionals, journalists and community members. It said the crackdown raises questions about Senegal’s compliance with its constitution, international treaties and the Olympic Charter’s ban on discrimination, as Dakar prepares to host the Youth Olympic Games. HRW said it had received no response from the government to its letter setting out the findings.

The African Commission on Human and Peoples’ Rights is meeting in Dakar from October 12 to 21, and HRW has called for the release of those detained and the repeal of the law.