Last updated: 11 January 2026
Same-sex sexual activity is prohibited under the Criminal Code 2004, which criminalises ‘homosexual or indecent acts’. This provision carries a maximum penalty of one year imprisonment (for consensual activity). Both men and women are criminalised under this law.
Unlike almost all other African states, Ethiopia was not colonised by a European country so its criminalising law is of local origin. Prior to the adoption of the 2004 Criminal Code, the 1957 Penal Code was in force in Ethiopia and criminalised ‘unnatural carnal offences’.
There is some evidence of the law being enforced in recent years, however information is extremely scarce due to societal stigmatisation and the lack of accessibility of court documents. Although there have been documented arrests of LGBT people, there is no information on anyone being prosecuted under the law.
There have been consistent reports of societal discrimination against LGBT people in Ethiopia, with the LGBT community largely being driven underground, unable to safely reveal their identities.
In response to calls to increase the severity of laws criminalising same-sex sexual activity, primarily lead by Christian groups, the government declared that existing laws are sufficient.
Homosexuality is not as widespread as certain people have claimed. [It] is already a crime and there is already a punishment for it. The government believes that the current laws are enough.
The US Department of State report stated that in August, there were several reports of arrests of people due to perceived same-sex sexual conduct, including foreign citizens, and forced closure of businesses perceived to be LGBT friendly. This was the first time that this report found examples of enforcement since 2015.
ILGA World reported in its Identities Under Arrest report 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. The majority of these cases involve gay men, however one case from July 2021 involved a transgender woman being incarcerated for around a year, demonstrating a conflation of sexuality with gender identity, which is not specifically criminalised.
In August, the Addis Ababa Peace and Security Administration Bureau, a government body, said it was taking action “against institutions where homosexual acts are carried out”, such as hotels and other businesses, following tip-offs from the public. “If there is any sympathy for those who commit and execute this abominable act that is hated by man and God, (the bureau) will continue to take action,” the city administration said in a post on Facebook on 4 August 2023. The city’s police department launched a hotline for reporting “illegal activities that deviate from the law and social values”, which sparked fear among the LGBT community for a wave of arrests.
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. Many arrests are arbitrary and do not lead to formal charges.
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.
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.
Outright International’s country overview for Ethiopia states that “LGBTIQ people face social stigmatization, violence, harassment, and discrimination at the hands of government officials and citizens,” and Christian and Muslim groups hold considerable political and social influence, which they use to campaign against LGBT rights.
Freedom House’s Freedom in the World report found that LGBT people do not have social freedoms, and do not publicly identify themselves for fear of violent retaliation. There was a noted increased in hate speech from September, including from government and opposition parties.
The US Department of State report found that reports of state and non-state violence and harassment of LGBT people increased towards the end of the year. LGBT activists reported surveillance and entrapment. There were high levels of anti-LGBT discrimination in education, employment, and healthcare. Public assembly and advocacy were restricted.
In May, a man was beaten by a mob after being filmed dancing with another man without his consent. This video was circulated on TikTok along with his identity. He decided to flee the country.
In August, the Ethiopian LGBT NGO House of Guramayle reported numerous attacks on LGBT individuals in Ethiopia, especially on social media platforms, amounting to hate speech and incitement to violence.
In a video posted on 5 August on TikTok, a popular evangelical Christian pastor (with 250,000 followers) called for gay people to be stripped naked and publicly whipped.
ILGA World’s Identities Under Arrest report sourced information from activists and organisations working in Ethiopia, finding that LGBT people do not report instances of discrimination and violence, including mob justice, due to a lack of faith that they will be investigated.
According to Australia’s Department for Foreign Affairs and Trade report, LGBT people face high levels of discrimination, including in employment and education, and are vulnerable to violence and ostracism if their identities are discovered. There is no visible LGBT community as a result.
Research published in 2019 found that 37% of LGBT people had experienced physical violence in their lifetime, with 22% reporting incidents in the last year. Furthermore, 30% had experienced sexual violence in their lifetime (13% in the last year), and 35% had been subjected to SOGI-related verbal harassment (25% in the last year).
An in-depth study conducted by the Australian Refugee Review Tribunal found that “homosexuality is viewed adversely and with considerable hostility by the broader community”.
This report examines the status of sexual offences legislation in Commonwealth Africa, assessing good practice and identifying where there are gaps in protection, with a particular focus on women, children, LGBT+ people and people with disability.
The Trust will provide technical legal & communications assistance to Commonwealth governments
To mark LGBT History Month 2022, the Trust' new timeline chronicles the evolution of the criminalisation (and decriminalisation) of same-sex activity.
Eritrea criminalises same-sex sexual activity between men and between women. Sentences include a maximum penalty of seven years’ imprisonment.
Somalia criminalises same-sex sexual activity between men and between women. Sentences include a maximum penalty of death.
Kenya criminalises same-sex sexual activity between men. Sentences include a maximum penalty of fourteen years’ imprisonment.
The country profiles on the Human Dignity Trust’s website are developed through a combination of in-house expertise and research, including monitoring media reports; sourcing reports from partners and stakeholders; and reviewing reports from governments and other human rights organisations.
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