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Legal Framework

Homosexuality is illegal in Eritrea according to Article 600 of the 1957 Penal Code that strictly prohibits “sexual deviations” which includes performing sexual acts with someone of the same sex. These defined “unnatural carnal offences” are punishable by simple imprisonment which is outlined by Article 600 of the 1957 Penal Code  as a sentence applicable to offences of a minor nature committed by persons who are not a serious danger to society. Simple imprisonment can extend from a period of ten days to three years.

Eritrea adopted a new Constitution on 23 May 1997, which suggests that homosexuality is legal. However, the provisions of the new Constitution have not yet come into force. As stated in paragraph 17.4 of the judgment in the British case of YF Eritrea v Secretary of State for the Home Department (2003) “we are therefore led to conclude (although hesitantly, given the lack of sufficient objective material before us) that homosexuality is technically not legal in Eritrea but will become legal when the provisions of the Constitution of May 1997 become fully implemented”.

At the 2010 UN review of the human rights situation in Eritrea, the Eritrean government was challenged to repeal all legislation criminalizing same-sex activity by consenting adults. The Eritrean government refused to legalize same-sex activity stating that it was “in direct contradiction with the values and traditions of the Eritrean people.”

For more detailed information on the protection of LGBTQI+ rights in Eritrea, visit the Eritrea ILGA World Database.

Homosexuality is not openly discussed in Eritrea and to a large extent, the existence of sexual minorities is unknown. Little is known about the genuine public opinion on homosexuality, however, the US Department of State notes that homosexual persons are severely discriminated against by society. The state-controlled Eritrean press does not report on issues of homosexuality, but in 2005 correspondence with the United Kingdom Home Office, the Foreign and Commonwealth Office reported that homosexual persons are dealt with severely in Eritrea.

You can consult other sources on Eritrea here.

YF Eritrea v Secretary of State for the Home Department (2003)  

The claimant was a gay man attempting to obtain asylum in the United Kingdom due to the persecution he has faced and would face in the future because of his sexual preference. Even though the court acknowledged that homosexuality is illegal in Eritrea, there was believed to be no real risk to the claimant upon return.

Organisations supporting LGBTQI+ individuals

We are not currently aware of any organisations working with LGBTQI+ persons in Eritrea, but welcome suggestions. If you have any suggestions, please get in touch

Country of Origin experts in LGBTQI+ rights

We do not currently list any specialists on LGBTQI+ issues in Eritrea, but we welcome suggestions. If you have any suggestions, please get in touch.

Eritrea Legal Assistance

Find organisations providing legal assistance to refugees in Eritrea.

Eritrea COI

Find Eritrea Country of Origin information (COI) experts, reports, commentaries, and relevant documents. 

We are always looking to expand the resources on our platform. If you know about relevant resources, or you are aware of organisations and/or individuals to include in our directories, please get in touch.

Last updated October 2023