LGBT rights in Ethiopia

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.[9] Meanwhile sodomy was practiced between Cushitic-speaking shepherd boys of Qemant people. The research was documented by Professor of University Massachusetts Frederick C Gamst.[10]

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 [11]

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".[12]

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".[13]

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.[14] 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."[15]

In March 2014, the Council of Ministers proposed a bill for LGBT rights protection, but parliament did not enact it because of public opposition.[16]

On April 26, 2014, an anti-gay rally was organized by Christian groups. The head of the group and anti-gay activist Dereje Negash said:[17]

Children are being raped by gay people in this country. Just yesterday we have met a woman whose boy was raped by two other men. All in all, gay acts are against health, the law, religion and our culture, so we should break the silence and create awareness about it.

The rally objective was to produce a bill on homosexuality into non-pardonable offence. After heard by parliamentary, the inquiry was reached to failure.[17] The Ethiopian government maintains any individuals freedom of speeches, thus potentially allows the LGBT people to be secured and access propagandic movement and all encompassing human rights within the country (although Pride Parade is still illegal) – to same-sexual activity legislation. Under the proposed law, the law will no longer be applied to prisoners charged with homosexuality. The Head of Ethiopian Human Rights Commission Tirunesh Zena declined the law and stated the law "does not really affect the LGBT community".[18]

In April 2014, a government spokesman Redwan Hussein dropped the anti-gay rally that includes homosexuality as non-pardonable offence. Redwan responded that:[18]

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

Zim Anlem is an anti-gay campaign aims against government administration relating to the legality status of homosexuality and sexual crimes within the country. The campaign was originally found around 2014 by Dereje Negash, who affliate with Ethiopian Orthodox Tewahedo Church in order to organize.[19] The movement became noted in 2019 as publicizing itself in several media, when it attracts various media personalities and celebrities about galvanizing raping incidents among lower class community and children. Zim Anlem incorporated volunteer celebrities, including Yegerem Dejene, Tigist Girma, Mekdes Tsegay and open-ended entertainment professionals as of 2020.

In the Islamic-majority regions of Somali, Harari and Afar, homosexual practice is outlawed due to influence of Sharia law.[26] Therefore, LGBT people may face persecution up to and including murder.

In Southern Nations, Nationalities and Peoples' Region, Gambela and Oromia Region homosexual practice is seen as moral panic rather than religious views. Nevertheless, it is hazardous for LGBT tourists.

In northern predominantly Christian regions Amhara and Tigray, homosexuality and sodomy are considered immoral, sinful and satanic. In Ethiopian Highlands inhabitant, due to historical, cultural and religious influence, LGBT people face discrimination and even persecution by local people, and communities.

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.[27] 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.[28]