Gay Travel Advisory

Ethiopia

Penal Code of the Federal Democratic Republic of Ethiopia established by Proclamation No. 414/2004

Sources
  1. Text of the law is available at: https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/70993/75092/F1429731028/ETH70993.pdf

Legal Code Text

Article 629 – “Whoever performs with another person of the same sex a homosexual act, or any other indecent act, is punishable with simple imprisonment.

Article 630(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…makes a profession of such activities within the meaning of the law.”

ILGA Analysis & Notes

At its 2nd cycle UPR that commenced in April 2014, Ethiopia ‘noted’ (did not accept) three Level 5 (act immediately) recommendations from France, Portugal and Argentina to decriminalise same-sex sexual activity. Ethiopia made no responses to the decriminalisation issue in the UPR Interactive Dialogue or in its formal responses to recommendations in this regard. In its submission to the 56th session of the African Commission on Human and Peoples’ Rights on the situation of human rights defenders the International Service for Human Rights (ISHR) observes: “… that Ethiopia’s repressive laws provoke fear and self-censorship among HRDs and that HRDs frequently face threats, acts of intimidation, judicial harassment and arbitrary arrest”, with “…surveillance and ofcial restrictions on the movement of HRDs.” The document goes on to say: “Defenders of lesbian, gay, bisexual, transgender and intersex (LGBTI) rights in Ethiopia operate in a particularly hostile environment, with organised anti-homosexuality organisations calling upon the government to close spaces for the LGBTI rights movement and tighten ‘anti-gay’ legislation, punishing ‘homosexual acts’ with the death penalty. LGBTI organisations have been consistently accused of being Western proxies seeking to subvert Ethiopian cultural values. Many clerical leaders have made statements against sexual diversity in a country where ‘homosexual acts’ are punishable with one to ffteen years imprisonment pursuant to Articles 629 and 630 of Ethiopia’s Criminal Code”. The difcult legal and social situation of LGBT people in Ethiopia in 2014 and 2015 is described in a 2016 report produced by the East African Sexual Health and Rights Initiative, and the immense challenges faced by LGBT refugees is described in an article of March 2017.

Continued criminalisation under Penal Code (2004) Art. 629. Since July 2023, Addis Ababa authorities have run a public crackdown on venues suspected of hosting 'homosexual activity,' with police hotlines set up for public reporting and multiple arrests in Adama and Bishoftu.