LGBT rights in Ethiopia

LGBT rights in Ethiopia
Ethiopia
Status	Illegal
Penalty	Up to 15 years to life in prison
Gender identity	No
Military	No
Discrimination protections	No
Family rights
Recognition of relationships	No recognition of same-sex unions
Adoption	No

Lesbian, gay, bisexual, and transgender (LGBT) persons in Ethiopia face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is illegal in the country, with reports of high level of discrimination and abuses against LGBT people. Ethiopia has persecuted gays and lesbians from ancient history, and homosexual practice was outlawed during Zemene Mesafint period. After the biggest scenario of its independence from Italian invasion at Battle of Adwa, the country's governance has tends to conservative views, much of population described themselves as fundamentalist Christian and religious affliation in contrary to sodomy at a glance of chauvinism. According to the 2007 Pew Global Attitudes Project, 97 percent of Ethiopia residents believe that homosexuality is a way of life that society should not accept. This was the second-highest rate of non-acceptance in the 45 countries surveyed.

Homosexuality is presently controversial agenda within Ethiopia due to cultural and religious impacts and penalized up to fifteen years. In addition to LGBT rights, the Ethiopian society are highly conservative around sexuality and LGBT people may face stigmatization among broader population. Gay and lesbian people do not openly serve to Ethiopian National Defense Force under the constitution. Unlike neighbouring countries such as Somalia and Sudan, the Ethiopian laws do not criminalize homosexual acts as a capital punishment, persecutions are prevalent through lower-class communities of rural portion of Ethiopia. There is no same-sex union recognition in the country.

History

Further information: Fetha Nagast

Homosexuality and sodomy have been intially criminalized after the Kingdom of Aksum and laws were adapted from Solomonic dynasty in thirteenth century.

At around of 1240, the Coptic Egyptian Christian writer Abul Fada'il Ibn al-'Assal complied a legal code lnown as Fetha Nagast. Written in Ge'ez lanuage, Ibn al-'Assal referred his laws from apostolic writer and former laws of Bynzatine Empire. Fetha Nagast was written into two parts: the first was dealt with the Church hierarchy sacraments and connected to religious rites. The second dealth with concerning laity, civil administration such as family laws. The code is effective in Zemene Mesafint because it was enacted as a supreme law. Outside the code, people attitudes were not accepted to the notion strange sexual orientation that is considered quite to this religious matters. Fetha Nagast was exonerated from the monarchy in 1931, at the reign of Emperor Haile Selassie, fearing the law of making unusual punishments such as amputations and criticized as crime against humanity. Religious laws were halted when the Derg administration approve some legal changes regarding sexual orientation. Mengistu Hailemariam has addressed homosexuality and usually mocked them during his speech of several occasions in press conference. He reportedly criticized the troops and peasants of neglect controls through military and rural areas as a result of practicing same-sexual activities and residing in camps. In 1995, the Federal Democratic Republic of Ethiopia was formed at the rule of Prime Minister Meles Zenawi. Homosexual and sodomite laws mitigated the punishment of past government systems, into imprisonment less fifteenth years. The current law is secular and fulfill all human rights. However, in early 2000s, homosexual incidents were reported through cities and brothels, attacking minors are the girst case which also the constitution been criticized for neglect control. LGBT advocacy group has been flourished both internatinally or nationally and established their headquarters to provide freedom of speech and spread LGBT culture extracted from Western Stonewall riots. The expansion of five star hotels often have been accused for cover-up gay people to live in the country. Hotels such as Sheraton Addis and Hilton Hotel alleged to dissiminate LGBT culture.

Researches and observations

In 1920, American psychoanalyst Irving Bieber observed homosexual practice among Semitic Harari people. Sodomy was commonplace between Harari people, whereas it was rare for Oromo and Somali people. Mutual masturbation was practiced between adult men and boys. Meanwhile sodomy was practiced between Cushitic-speaking shepherd boys of Qemant people. The research was documented by Professor of University Massachusetts Frederick C Gamst.

Donald Donham suggested that small minority of males performed feminine roles amongst Maale people. In this ethnic group, male perform feminine roles, donning dresses and act like feminine characteristics

Legality of same-sex sexual activity

Under Article 629 of the Criminal Code, both male and female same-sex sexual activity is illegal in Ethiopia. The penal code confirms:

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

The Article 630 defines the punishments into two ways:

1. The punishment shall be imprisonment for not less than one year, or, in certain grave cases, rigorous imprisonment not exceeding ten years.

2. The punishment shall be rigorous imprisonment from three years to fifteen years.

Homosexual and other indecent acts performed on minors

In Article 631, homosexuality performed on minors is punishable:

1. From 3-5 years; where the victim is between 13-18 years old

2. From 15-25; where the victim is below thirteen years old

3. A woman performs homosexual acts with minor of the same sex is punishable with not exceeding ten years

4. Indecent acts performed on minor of same-sex shall be punished with simple imprisonment.

5. If the victim is pupil, apprentice, child entrusted while in custody shall be aggravated than crime that he commits.

6. It will be rigorous imprisonment from 3-10 years

In Ethiopian law, the wording of the penal code treats a homosexual act as an act of an aggressor against a victim. Consequently, the offense of the aggressor is considered aggravated, when it results in the suicide of the victim for reasons of "shame, distress or despair".

Traditional attitudes around sex and sexuality are prevalent in Ethiopia, with many Ethiopians holding that homosexuality is a choice and not innate. Arguments are made of it being an import from the West and that Ethiopian society should not accept it as a legitimate orientation. A 2007 Pew Global Attitudes Project found 97% of Ethiopian residents said that homosexuality should be rejected by society. This was the second-highest percentage among the countries surveyed, exceeded only by Mali.

Dr Seyoum Antoniyos, President of United for Life and influential activist organised a national conference in 2013 attended by politicians and religious leaders. He argues that homosexuality is the result of a "deep psychological problem", often caused by abuse or some form of "social crisis".

In December 2008, nearly a dozen Ethiopian religious figures (including the leader of Ethiopian Muslims and the heads of the Orthodox, Protestant and Catholic churches) adopted a resolution against homosexuality, urging Ethiopian lawmakers to endorse a ban on homosexual activity in the constitution. This included Ethiopian Catholic Archbishop Berhaneyesus Demerew Souraphiel.

They also held homosexuality responsible for the rise in sexual attacks on children and young men. Abune Paulos, the patriarch of the Ethiopian Orthodox Tewahedo Church, said, "This is something very strange in Ethiopia, the land of the Bible that condemns this very strongly. For people to act in this manner they have to be dumb, stupid like animals. We strongly condemn this behaviour. They (homosexuals) have to be disciplined and their acts discriminated, they have to be given a lesson."

In March 2014, the Council of Ministers has proposed bill for the LGBT rights protection, but didn't enacted by parliament due to public condemnation against LGBT people. In the same month, anti-gay rally has been organized by Christian groups in the raising of homosexual incidents in everywhere. The head of group Dereje Negash said that homosexual practices are increasingly reached to alarming rate and mentioned that there were several crimes perpetrated on children in the country. Furthermore, he stated that the practiced would vanish the Ethiopian culture, religion and health. In the same month, efforts to add homosexuality as non-pardonable offence under Ethiopian amnesty law was proposed. The President pardoned thousand of prisoners in the Ethiopian New Year. Under the proposed law, the law is no longer affected the prisoners charged with homosexuality. The Head of Ethiopian Human Rights Commission Tirunesh Zena declined the law by criticizing that the law "does not really affect the LGBT community".

In April 2014, a government spokesman Redwan Hussein dropped the anti-gay rally that includes homosexuality as non-pardonable offence. Redwan responded that:

[Homosexuality] is not a serious crime… The government thinks the current jail term is enough

Living conditions

Homosexuality is a taboo subject in Ethiopian history. Although Ethiopia is a secular state, the major population are dominant to Orthodox Church and Islam whereby homosexual acts are strictly condemned matter. They also count it as effect of children sexual abuse. Moreover the term LGBT is used for rape by same-sex, there are crimes perpetrated by male offender upon another, especially targeted on children. Mostly occurred in Addis Ababa and rural community inadvertently involved in the practice. Cultural notions attribute to the discrimination against LGBT people and vary from regions. For instance people from Islamic majority regions in Somali, Harari and Afar, homosexual practice is outlawed due to influence of sharia law, results in serious discrimination and physical abuses to LGBT people. Additionally, in cultural diversed regions Southern Nations, Nationalities and Peoples' Region, Gambela and Oromia Region seen as moral panic rather than religious views. Similarly the Northern Christian adherent regions Amhara and Tigray seen as to the point of religion morality. People also afraid about contracting HIV AIDS while doing so and seek for asylum to avoid harassment. A number of HIV compagaining organizations have promoted to control homosexuality since the rise in Ethiopia in 1980s. A longstanding oppositional religion in Ethiopia is the Ethiopian Orthodox Tewahedo Church – warns sodomy is an emergence Antichrist and End times and proclaims as an evil act. Over 90 percent of people reject homosexuality and consider it as mischievous act and believe that imported from Western countries which legalized all homosexual activities. As a result, people become intolerant towards the LGBT people. In early 2010s, LGBTQ advocacy group have appeared in various locations, particularly in Addis Ababa to effort of inclusion of same-sex rights to the constitution as well as encouraging freedom of speech. The group are still assembled to drive the socio-political movement, seeking liberalism and antidiscrimination laws. Attitudes toward the LGBT has vary through time and age. Today, young people showing sign of acceptance the LGBT culture. On the other hand, elder people definitely condemned LGBT due to lack of awareness and proper etiquette, patriotism and shortage of mass media connected to LGBT at the time of younger age. Middle-class community are minority of LGBT people despite they cannot identify their sexual orientation owning to fear of being stigmatized, persecuted or tortured. Ethiopian expatriates influence the country using online campaigning via social media (primarily in Facebook) and active deception to infiltrate the country. Many self-identified gay, lesbian, bisexual and transgender people are discriminated, usually beaten, lynched or applying corporal punishment through streets, night clubs, social events, workplaces and schools. In June 2019, an LGBT-affliating community website Toto tour announced to visit Ethiopia; many Ethiopian believed them mislead to brainwash and prejudice mass hysteria. Their tour led to clamor of thousands Ethiopian backlashs and protests living across the world, and the Ethiopian Orthodox Tewahedo Church urged to cancel their tour by giving wide propaganda in church services. Due to extreme public outcry and threats, the tourists managed to cancel their tour.

In 2012, a pro-gay conference was scheduled to be held in Addis Ababa. The conference was cancelled by fundamental Christians and religious groups, protesting the conference and calling it "missionaries of evil".

In June 2012, an anti-gay conference was held at the headquarter of African Union concerning about homosexuality consequences and causative agent for HIV AIDS and sexually transmitted disease as well as several psychological disorders.

The U.S. Department of State's 2011 Human Rights Report found that,

There were some reports of violence against lesbian, gay, bisexual, and transgender (LGBT) individuals; however, reporting was limited due to fears of retribution, discrimination, or stigmatization. Persons did not identify themselves as LGBT persons due to severe societal stigma and the illegality of consensual same-sex sexual activity. In early December[,] Christian and Muslim religious leaders attempted to derail a seminar on sexual health that was targeted at men who have sex with men. The government intervened, and the seminar went ahead, although at a different location. The AIDS Resource Center in Addis Ababa reported that the majority of self-identified gay and lesbian callers, the majority of whom were male, requested assistance in changing their behavior to avoid discrimination. Many gay men reported anxiety, confusion, identity crises, depression, self-ostracism, religious conflict, and suicide attempts. The same report found that stigma and discrimination toward persons living with HIV/AIDS impacted residents' ability to receive an education, find employment and integrate into the community. There is anecdotal, but not statistical evidence to demonstrate the scale of the problem.

LGBT organizations

In 2007, the first LGBT group named The Ethiopian Gays, Lesbians, Bisexual & Transgender Committee was formed with roots of initiating LGBT stability and peace and the group has opposed government activities that prohibits the protection status and freedom of speech.

In 2013, an LGBT advocacy group Dana Social Club was founded by Beki Abiy whose ambition to proliferate the group throughout regions. The group has a goal of supporting self stigmatized and discriminated gays and lesbians to freely express their sexual orientation and transgender people have a right to change their biological sex through sex reassignment surgery. The group efforts through online campaigning and they published an archive named Ethiopian Gay Library.

Summary table

Same-sex sexual activity legal	(Penalty: Up to 15 years imprisonment)
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples	(Illegal for all couples regardless of sexual orientation)
MSMs allowed to donate blood

See also

• Human rights in Ethiopia
• LGBT rights in Africa

External links

• UK government travel advice for Ethiopia: Local laws and customs
• Analysis of intersection of homosexuality and feminism in Ethiopia
• Constitution of the Federal Democratic Republic of Ethiopia