Niger enacted a new penal code in February that criminalizes same-sex relations and organizations for LGBTQ+ individuals. This marks the first time in the country's history that homosexuality has been criminalized.

The new penal code specifies that "indecent or unnatural acts" and "sexual relations with a person of the same sex" are punishable by imprisonment for up to 10 years and a fine of up to 100 million West African CFA francs. Participation, witnessing, or organizing a gay marriage carries a prison term of up to 20 years. Individuals or organizations involved with clubs, societies, or organizations for LGBTQ+ people could face imprisonment for up to 20 years and a fine of up to 500 million CFA.

Following the enactment of the new law, up to 40 people have been arrested for homosexuality in Niger, and 16 men, including high-ranking military officials, have been imprisoned. Organizations that previously provided HIV services to men who have sex with men have ceased operations. Men who have sex with men in Niger can no longer access condoms, testing services, or pre-exposure prophylaxis (PrEP).

An anonymous source said, "With the recent witch-hunt, and these arrests that are taking place, the climate here is truly toxic." The source added, "LGBTQ+ populations are keeping a low profile and have gone into hiding because they are at risk." The source also stated, "We have lost contact with many and the recent arrests have exacerbated tensions." and "When people go into hiding, we won't see them and they won't be able to protect themselves."

Political scientist and pan-African activist Larissa Kojoué stated, "Political leaders are using this to advance their own political agenda." She added, "They claim 'African values', sovereignty and culture, all the while happily undermining human rights for people."

General Abdourahamane Tiani seized power in a coup d'état in July 2023. Tiani's regime promulgated the Charter of the Refoundation in March 2025, which replaced Niger's 2010 constitution. The Charter of the Refoundation prohibits LGBTQ+ relations.

Niger voted against the UN's political declaration on HIV/Aids, which was adopted by 149 votes. Globally, half of the 66 countries that criminalize consensual same-sex acts are African. Front Line Defenders, an international human rights group, said, "Front Line Defenders is deeply concerned about developments in Niger." The group called on authorities "to repeal all provisions that criminalise individuals on the basis of their sexual orientation or gender identity, as well as the individuals supporting and defending them".