VZCZCXRO8257
RR RUEHMA RUEHPA
DE RUEHNM #1021/01 3641620
ZNR UUUUU ZZH
R 301620Z DEC 09
FM AMEMBASSY NIAMEY
TO RUEHC/SECSTATE WASHDC 5548
INFO RUEHZK/ECOWAS COLLECTIVE

UNCLAS SECTION 01 OF 02 NIAMEY 001021 
 
DEPT FOR AF/FO, AF/W, DRL/EA, AND AF/RSA 
 
SIPDIS 
 
E.O. 12958:  N/A 
TAGS: PHUM PGOV SOCI SCUL NG
SUBJECT:  Response:  Information on Human Rights Trends Pertaining 
to Sexual Orientation and Gender Identity 
 
Ref:  a) State 130765   b) Amb. Allen - A/S Carson E-Mail exchanges 
of 12/22/09 
 
¶1. Summary:  Niger is a conservative country both culturally and 
religiously, and homosexuality is not discussed publicly.  There are 
no provisions in the 1993 Penal Code that make homosexuality 
illegal, and there are no advocacy groups regarding homosexuality. 
While there is tolerance of homosexuality, particularly by the 
younger generation in Niamey, Niger remains a largely rural nation 
where many deny that it even exists.  End summary. 
 
¶2. In response to Ref A, Embassy Niamey wishes to respond as 
follows, keyed to specific information requested: 
 
¶A. Provisions of existing laws that might criminalize same-sex 
relationships and how such are applied: 
 
The only existing laws in Niger that may pertain to homosexuality 
and/or gender identity are the following from the Penal Code of 
1993: 
 
-- Article 275 Public Indecency - Public indecency is any material 
act that affronts public decency committed under conditions that a 
third party likely to be offended by it has witnessed or may have 
witnessed. 
 
-- Article 276 Public Indecency - Any person who commits public 
indecency will be punished by three months to three years of prison 
and a fine between 10,000 and 100,000 francs CFA. 
 
-- Article 277 Indecent Assault - Any indecent act committed with 
impunity directly on a person of one or the other sex constitutes 
indecent assault. 
 
-- Article 282 Lewd Act on Minor of the Same Sex - Whoever has 
committed a lewd act or an act against nature on a minor of the same 
sex under twenty-one years of age will be punished by imprisonment 
of three months to three years and levied a find of 10,000 to 
100,000 francs CFA. 
 
¶B. Past or present debate, pro or con, on the issue of 
homosexuality: 
 
Homosexuality is not debated, at least publicly, in Niger. 
 
¶C. Resultant legislation pending, passed, or defeated: 
 
No legislature is pending, and none was passed or defeated. 
Homosexuality is considered a taboo subject.  So far, no individual 
cases have been reported that have led to a demand for legislation 
regarding homosexuality specifically. 
 
¶D. Summary of public attitudes regarding sexual orientation and 
gender identity and levels of tolerance of homosexual behavior: 
 
While most Nigeriens are conservative religiously and culturally, 
there is greater tolerance of homosexuality at present in Niamey 
than previously.  Even so, many Nigeriens deny that homosexuality 
exists in Niger.  Gender roles are strongly rooted in tradition; 
however, men working in areas usually reserved for women is more 
common today than in years before. 
 
¶E. Specific differentiation among groups - such as youth vs. elders, 
churches vs. Islamic views, political parties, NGOs, etc.: 
 
Niger is largely rural and conservative, both culturally and 
religiously.  Younger, more urban society is more tolerant of 
homosexuality than others. 
 
¶F. Active advocacy campaigns by domestic religious groups or 
external actors: 
 
There are no advocacy efforts underway to post's knowledge, either 
domestically or internationally. 
 
¶G. Advocacy campaigns by domestic cultural or other domestic 
interest groups, or news events that may have catalyzed debate: 
 
There are no advocacy efforts underway to post's knowledge, either 
domestically or internationally, nor have news events catalyzed 
debate on the topic. 
 
¶H. Other domestic considerations, including prostitution, or sex 
tourism: 
 
Although prostitution does exist in Niamey and other larger urban 
areas, sex tourism is not apparent. 
 
¶I. Other domestic political factors, including electoral politics 
that may play a role or have influenced debate or legislation 
 
NIAMEY 00001021  002 OF 002 
 
 
restricting the rights of homosexuals: 
 
There are no political factors involved in influencing the rights of 
homosexuals. 
 
ALLEN