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Legal Framework

Both male and female same-sex sexual activity is illegal in Ethiopia. The Ethiopian Criminal Code prohibits sexual acts between men and between women, with penalties including 10 days to 3 years’ imprisonment for consensual same-sex relations.
In December 2008, several religious figures adopted a resolution urging lawmakers to endorse a constitutional ban on homosexual activity.

The Criminal Code of the Federal Democratic Republic of Ethiopia. Proclamation No. 414/2004:
Section II – SEXUAL DEVIATIONS
Article 629 – Homosexual and other Indecent Acts.
Whoever performs with another person of the same sex a homosexual act, or any other indecent act, is punishable with simple imprisonment.
Article 630 – General Aggravation to the Crime.
(1)  The punishment shall be simple imprisonment for not less than one year, or, in grave cases, rigorous imprisonment not exceeding ten years, where the criminal:
a)  takes unfair advantage of the material or mental distress of another or of the authority he exercises over another by virtue of his position, office or capacity as guardian, tutor, protector, teacher, master or employer, or by virtue of any other like relationship, to cause such other person to perform or to submit to such an act; or
b)  makes a profession of such activities within the meaning of the law (Art. 92).
(2)  The punishment shall be rigorous imprisonment from three years to fifteen years, where:
a)  the criminal uses violence, intimidation or coercion, trickery or fraud, or takes unfair advantage of the victim’s inability to offer resistance or to defend himself or of his feeble-mindedness or unconsciousness; or
b)  the criminal subjects his victim to acts of cruelty or sadism, or transmits to him a venereal disease with which he knows himself to be infected; or
c)  the victim is driven to suicide by distress, shame or despair.
Article 631 – Homosexual and Other Indecent Acts Performed on Minors.
(1)  Whoever performs a homosexual act on a minor, is punishable: a) with rigorous imprisonment from three years to fifteen years, where the victim is between the ages of thirteen and eighteen years; or b) with rigorous imprisonment from fifteen years to twenty- five years, where the victim is below thirteen years of age.
(2)  A woman who performs a homosexual act on a female minor, is punishable with rigorous imprisonment not exceeding ten years.
(3)  Whoever performs any other indecent act on a minor of the same sex, is punishable with simple imprisonment.
(4)  Where the victim is the pupil, apprentice, domestic servant or ward of the criminal, or a child entrusted to his custody or care, or in any other way directly dependant upon or subordinate to him: a) in the case of sub-article (1) the punishment to be imposed upon such criminal shall be more severe than when the crime is committed by another person;  b) in the case of sub-article (2) the punishment shall be rigorous imprisonment from three years to ten years;
c) in the case of sub-article (3) the punishment shall be simple imprisonment for not less than six months.
(5) Where the sexual outrage has caused death or grave physical or mental injury upon the victim, or where the victim is driven to suicide by distress, shame or despair, the punishment shall be rigorous imprisonment for life.

2021

ILGA World has found at least nine incidents of the criminalising provision being enforced, though these do not appear to have resulted in convictions. However, the inaccessibility of court documents, and the lack of disclosure of arrests from LGBT people due to societal stigma, means this is likely to be an underreporting of the true number.

2020 

The US Department of State report for 2020 noted that there were no reports of people being incarcerated or prosecuted for engaging in consensual same-sex sexual activity. This was the same finding for all iterations for this report since 2015.

2019

ILGA World’s State-Sponsored Homophobia report quoted an Ethiopian human rights lawyer who claimed that no one had been charged or prosecuted under the law since its introduction in 2004.

2015

The US Department of State report highlighted that as many as a dozen people were incarcerated for allegedly engaging in same-sex sexual activity. No information is available as to whether these people were prosecuted.

2013

The US Department of State report found examples of LGBT individuals being placed under periodic detention, where they were interrogated and allegedly subjected to physical abuse.

For more detailed information on the protection of LGBTQI+ rights in Ethiopia, visit the Ethiopia ILGA World Database.

Homosexuality is not accepted in Ethiopia. According to a 2007 Pew Global Attitudes Survey, 97% of Ethiopians believe that homosexuality should be rejected. Violence against LGBTI persons in Ethiopia was reported in the US Department of State Human Rights Report 2011, though reporting was limited due to fears of retribution, discrimination and stigmatisation.

In June 2012 an anti-homosexual conference was held at the African Union headquarters in Addis Ababa. At the conference, homosexuality was presented as a result of inappropriate upbringing leading to STDs, HIV, and severe psychological disorders.  

At the 2019 Universal Periodic Review (p 50 – 52) a number of recommendations were made to Ethiopia. It was also noted that despite the major strides in fundamental rights and freedoms Ethiopia has made, LGBT persons continue to live in fear of violence and prosecution. It was deplored that same-sex activity is still criminalized under the 2005 Criminal Code and that access to health services remains to be a major barrier affecting the quality of life for LGBT persons in Ethiopia. Also highlighted  was the need for action in the light of the anti-LGBT sentiments rampant in the country

Online Ethiopian LGBTI communities are run by LGBTI persons in the diaspora, but their reach is limited as the internet is strictly censored within Ethiopia itself.

Amare v Secretary of State for the Home Department Court of Appeal (Civil Division), 20 December 2005

Rejection of claims under the Refugee Convention and Article 3 of the European Convention on Human Rights (ECHR) for gay female Ethiopian applicant on the grounds that she would hide her sexual orientation upon return to Ethiopia, as she had previously done, and that the treatment she would face was not sufficiently serious to rise to the level of persecution. Note, this judgment was prior to the 2010 HT & HJ decision, which greatly mitigated the discretion test.

Organisations supporting LGBTQI+ individuals

We are not currently aware of any organisations working with LGBTQI+ persons in Ethiopia, but welcome suggestions. If you have any suggestions, please get in touch

Country of Origin experts in LGBTQI+ rights

We do not currently list any specialists on LGBTQI+ issues in Ethiopia, but we welcome suggestions. If you have any suggestions, please get in touch.

Ethiopia Legal Assistance

Find organisations providing legal assistance to refugees in Ethiopia.

Ethiopia COI

Find Ethiopia Country of Origin information (COI) experts, reports, commentaries, and relevant documents. 

We are always looking to expand the resources on our platform. If you know about relevant resources, or you are aware of organisations and/or individuals to include in our directories, please get in touch.

Last updated May 2023

We are always looking to expand the resources on our platform. If you know about relevant resources, or you are aware of organisations and/or individuals to include in our directories, please get in touch.

Last updated May 2023