Time to consider decriminalising homosexuality in Ethiopia
Posted: 1 October, 2021 Filed under: Rehim Baharu Elala | Tags: anti-gay sentiment, child abusers, consensual same sex relations, conversation, decriminalise, Dr. Daniel Bekele, Ethiopia, Ethiopian values, federal legislation, freedom of expression, gender identity, harassment, homosexuality, Human Rights Watch, imprisonment, no study, political leaders, religion, religious influences, societal influences, societal norms, stigmatisation, violence, Zenebu Tadesse 1 Comment
Author: Rehim Baharu Elala
Intern, Ethiopian Community Development Council
LGBT data in Ethiopia
Ethiopia revised its Criminal Code in 2004 and criminalised homosexual or indecent acts both between men and women, with those convicted facing terms of imprisonment.[1] Same-sex acts will be punished with imprisonment of not less than a year, or in ‘grave’ cases, rigorous imprisonment of up to 15 years.[2] The justifications for criminalising the acts are mostly associated with the strict societal norms and religion.
There is no study or research conducted to know the exact number of LGBTQ people in Ethiopia. I interviewed two members of the LGBTQ in Ethiopia who are working in legal and health professions when I was writing a Seminar Paper for my LGBTQ Health Law and Policy class.[3] My informants told me that the estimate data shows that there are around 50,000-60,000 people who identify themselves as LGBTQ in the capital Addis Ababa alone.[4] They also stated that the major source of the anti-gay sentiment originates from the religious authorities.[5] This is because homosexuals are always portrayed in a dangerous manner by the religious institutions as child abusers and destroyers of Ethiopian values.[6] An Ethiopian law professor states the influence of religious groups in the following words:
“There is complete silence around LGBT experiences because there is no forum for stories about the violence meted out by the state and family members on a day-to-day basis… My biggest fear is that these religious organisations are monopolising the conversation and perpetuating a fear that is becoming impossible to combat.”[7]
The impact of state surveillance and censorship of sexuality on the lives of LGB Ethiopians living in Addis Ababa
Posted: 28 January, 2019 Filed under: Selamawit Tsegaye Lulseged | Tags: Addis Ababa, African Charter, African Charter on Human and Peoples' Rights, censorship, constitution, constitutional ban, Criminal Code, discrimination, eroticism, Ethiopia, FDRE, hegemony, hetero-normative, human rights, ICCPR, ICESCR, imprisonment, International Bill of Rights, LGB, Penal Code, same-sex, same-sex sexual act, sexual minority rights, sexuality Leave a comment
Author: Selamawit Tsegaye Lulseged
African Union Human Rights Observers Mission in Burundi (formerly)
Dialogue regarding same-sex sexual act and eroticism is a recent phenomenon in Ethiopia. As is true for most African countries, in Ethiopia, there is a strong heterosexual culture that bases its legitimacy on the hegemony of masculinity. The social construction is based on the values of family that depends on traditional gender role and religious dogmas. In many discourses, lesbian, gay and bisexual (LGB) individuals are mentioned in relation to pedophilia, mental sickness and people who chose deviant sexual behavior. Thus, same-sex sexuality is not only something that is pushed under the rug, but also subjected to state scrutiny and embargo.
Stripped of Dignity: The Struggle for LGBT Rights in Tanzania
Posted: 17 March, 2017 Filed under: Daniel Marari | Tags: consensual sex, constitution, discrimination, equality, gender identity, hate crimes, HIV/Aids, homosexuality, imprisonment, LGBT, LGBTI, Penal Code, prosecution, sexual minorities, Sexual Offences Special Provisions Act, sexual orientation, Tanzania, unnatural offence, violence 6 Comments
Author: Daniel Marari
LLM, International Human Rights Law, Lund University, Sweden
Although the Tanzanian Constitution (1977) guarantees the right to equality and prohibits discrimination based on gender and sex, lesbian, gay, bisexual and transgender (LGBT) people still face deeply rooted hostility, prejudice and widespread discrimination in the Tanzanian society. Threats of criminal penalty, social exclusion, harassment and violence make it particularly unsafe for one to come out as an LGBT person.
At present, certain homosexual acts between consenting adult males are criminalized under the Penal Code (Chapter 16 of the laws). Under section 154 of the Penal Code, committing or attempting to commit “unnatural offences” are crimes punishable with a maximum sentence of life imprisonment and twenty years’ imprisonment, respectively. “Unnatural offence” is defined as (1) sexual intercourse with any person “against the order of nature” as well as (2) consensual sexual intercourse between a man and man or woman “against the order of nature”. The words “against the order of nature” are not statutorily defined. Also, under section 157 of the Penal Code, it is an offence punishable with a maximum of five years imprisonment for any male person, whether in public or private, to commit an act of gross indecency with another male person. By section 3 of the Sexual Offences Special Provisions Act, “gross indecency” is defined as “any sexual act that is more than ordinary but falls short of actual intercourse and may include masturbation and indecent physical contact or indecent behavior without any physical contact”. Consent is no defense to any of these offences and no distinction regarding age is made in the text of the law. As the consequence of the existence of these laws criminalizing private consensual homosexual acts, LGBT people in Tanzania live in psychological stress and unceasing fear of prosecution and imprisonment.
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Freedom of expression for a day in Eritrea
Posted: 11 November, 2014 Filed under: Thato Motaung | Tags: African Commission on Human and Peoples’ Rights, censorship, Crackdown, dissent, Eritrea, freedom of expression, human rights, imprisonment, impunity, International Day to End Impunity for Crimes against Journalists, intimidation, journalists, right to information Leave a comment
Author: Thato Motaung
Researcher, Centre for Human Rights, Faculty of Law, University of Pretoria
International Day to End Impunity for Crimes against Journalists: 2 November 2014
In a land where the right to freedom of expression and information is heavily curtailed, I sought to interview three exiled Eritrean journalists and allow them the space to freely express what they cannot in their country.
Why did you choose to become a journalist?
*Aman: “I used to be a development worker; I was taken to prison camps and three times I saw people tortured and killed. I started to write stories and post articles on what was happening…I became a journalist by accident – all I wanted to do was contribute to justice”.
Since Eritrea’s “liberation” from Ethiopia in 1991 and its international recognition as an independent sovereign state in 1993, the country gradually evolved into a nation rife with human rights abuses. Notably, the systematic attack on dissent of any form resulting in extrajudicial killings, torture, arbitrary arrests and indefinite incommunicado detentions.
What does freedom of expression mean to you?
Aman:” It is a symbol of democracy- the flow of information without fear or restrictions – the means to freely enlighten and educate”.
18 September 2001 was coined as the Eritrean government’s ‘Crackdown’ on all independent media, when it banned the entire private press by shutting down media houses. It also marked the end of dissenting voices at the political level. Eighteen journalists, as well as eleven political leaders were rounded – up and imprisoned incommunicado without trial. Their whereabouts are still unknown till today. Since then, more than 70 journalists have been detained at different periods in time.
AfricLaw 