Eritrea

Same-sex sexual activity is prohibited under the Penal Code 2015, which criminalises ‘homosexual conduct’. This provision carries a maximum penalty of seven years’ imprisonment. Both men and women are criminalised under this law.

The law was inherited during Ethiopian rule through the 1957 Penal Code. Eritrea’s first Penal Code since independence, adopted in 2015, maintained the criminalising provision with an enhanced sentence.

There is some limited evidence of the law being enforced in recent years, however there is a lack of accessible information on this issue due to the hostile environment for LGBT people in the country and the lack of LGBT organisations. There have been some reports of discrimination and violence being committed against LGBT people in recent years, including alleged ‘round-ups’ of LGBT people by authorities.

2015

Eritrea adopted a new Penal Code in 2015. This Code maintained the criminalising provision which was unchanged in scope compared to the 1957 Penal Code, however the maximum sentence available was increased from three to seven years’ imprisonment.

2021

ILGA World noted three alleged cases of enforcement since 2002, all of which were prior to the enactment of the 2015 Penal Code.

2020

The US Department of State report noted that the government “actively enforced this law”. This finding contrasts with reports in previous years which found that the law was not enforced. It is not clear what triggered this change, as the report does not provide any details of cases.

2016

The US Department of State report highlighted that society stigmatised discussion of LGBT matters, and that no LGBT organisations existed.

2011

UNHCR guidelines from 2011 include reports which indicate that LGBT Eritreans experience severe societal discrimination, and that the government has in the past “carried out periodic round-ups of LGBTI individuals.” It concludes that LGBT Eritreans are at severe risk of discrimination.