Prostitution Prostitution laws in DjiboutiDjibouti / جيبوتي
In Djibouti, selling and buying sex are not offences in themselves, but the Penal Code (Law No. 59/AN/94 of 5 January 1995) criminalises almost everything around them. Proxénétisme, defined as aiding, assisting or protecting the prostitution of another, profiting from it or recruiting a person into it, carries five years and a fine of 10 million francs (Article 394), and acts treated as procuring include providing premises (Article 395). Running, managing or financing a prostitution establishment, or tolerating prostitution in a venue open to the public, carries ten years (Article 399). Publicly soliciting persons "by gesture, words, writings or any other means" to incite them to debauchery is punished with a 50,000-franc fine and one month's imprisonment, with confiscation of the proceeds of prostitution (Articles R. 5-10° and R. 6).
Legal model
Legal, organisation banned. Selling and buying are legal, but brothels, procuring and organising are criminal offences.
The Penal Code of 1995 follows the French model: prostitution itself is not an offence, while proxénétisme in a broad sense (aiding, protecting or profiting from the prostitution of another) and running a prostitution establishment are délits. Public soliciting is a fifth-class contravention (Article R. 5-10°). Some secondary sources describe prostitution in Djibouti as prohibited; the Code's text does not penalise selling or buying as such.[1]
At a glance
| Question | Status | In short |
|---|---|---|
| Selling sexual services | Restricted Breach: criminal offence | Prostitution itself is not an offence. Publicly soliciting persons of either sex by gesture, words, writings or any other means in order to incite them to debauchery (racolage) is a fifth-class contravention punished with a fine of 50,000 francs and one month's imprisonment, and the proceeds of prostitution may be confiscated.[1] |
| Buying sexual services | Legal | No provision makes paying for sex with an adult an offence. The soliciting contravention (Article R. 5-10°) is worded neutrally and could in principle apply to anyone who publicly solicits another to debauchery.[1] |
| Brothels and managed venues | Illegal Criminal offence | Owning, managing, operating or financing a prostitution establishment, directly or through an intermediary, or habitually tolerating prostitution or the seeking of clients in a venue open to the public, carries ten years and a fine of 25 million francs (Article 399), plus closure and loss of licences (Articles 412–413). Making private premises available to, or selling them to, persons known to prostitute themselves there is treated as procuring (Article 395).[1] |
| Third parties profiting (procuring / pimping) | Illegal Criminal offence | Proxénétisme, by any means, is aiding, assisting or protecting the prostitution of another; profiting from it or receiving support from a person who habitually prostitutes; or recruiting or pressuring a person into prostitution: five years and 10 million francs (Article 394). Acting as intermediary, or being unable to justify one's income while living with sex workers, is treated as procuring (Article 395). Aggravated forms carry ten to twenty years (Articles 396–398).[1][2] |
| Advertising sexual services | Illegal Criminal offence | Publicly soliciting by writings or any other means is the racolage contravention (Article R. 5-10°). Publicly inciting others by words, writings or any other means of communication to practices contrary to good morals carries one year and 200,000 francs (Article 353). A website or intermediary that carries sex-work advertisements risks liability for aiding or assisting the prostitution of another (Article 394(1)).[1] |
The law in detail
Selling sexual services
Prostitution itself is not an offence. Publicly soliciting persons of either sex by gesture, words, writings or any other means in order to incite them to debauchery (racolage) is a fifth-class contravention punished with a fine of 50,000 francs and one month's imprisonment, and the proceeds of prostitution may be confiscated.[1]
Article R. 5-10° (Book V, contraventions): « Par geste, paroles, écrits ou par tous autres moyens, procéder publiquement au racolage de personnes de l'un ou l'autre sexe en vue de les provoquer à la débauche. » The complementary penalty in Article R. 6 is « la confiscation du produit de la prostitution ».
Confidence: medium. Read in a copy of the Code (with Book V on contraventions) hosted by policehumanrightsresources.org; it is not dated as a consolidated text, so later amendments could be missing. Translation of the French by the editors.
Checked 30 October 2026
Buying sexual services
No provision makes paying for sex with an adult an offence. The soliciting contravention (Article R. 5-10°) is worded neutrally and could in principle apply to anyone who publicly solicits another to debauchery.[1]
Confidence: medium. Same caveat on the version of the Code.
Checked 30 October 2026
Brothels and managed venues
Owning, managing, operating or financing a prostitution establishment, directly or through an intermediary, or habitually tolerating prostitution or the seeking of clients in a venue open to the public, carries ten years and a fine of 25 million francs (Article 399), plus closure and loss of licences (Articles 412–413). Making private premises available to, or selling them to, persons known to prostitute themselves there is treated as procuring (Article 395).[1]
Confidence: medium. Article 395(4) as worded would also reach sex workers who share or rent premises together.
Checked 30 October 2026
Third parties profiting (procuring / pimping)
Proxénétisme, by any means, is aiding, assisting or protecting the prostitution of another; profiting from it or receiving support from a person who habitually prostitutes; or recruiting or pressuring a person into prostitution: five years and 10 million francs (Article 394). Acting as intermediary, or being unable to justify one's income while living with sex workers, is treated as procuring (Article 395). Aggravated forms carry ten to twenty years (Articles 396–398).[1][2]
Confidence: medium. The 2016 anti-trafficking law lists the exploitation of the prostitution of others as a form of exploitation for the purposes of trafficking.
Checked 30 October 2026
Advertising sexual services
Publicly soliciting by writings or any other means is the racolage contravention (Article R. 5-10°). Publicly inciting others by words, writings or any other means of communication to practices contrary to good morals carries one year and 200,000 francs (Article 353). A website or intermediary that carries sex-work advertisements risks liability for aiding or assisting the prostitution of another (Article 394(1)).[1]
Confidence: low. No provision names advertising of sexual services; the classification is inferred from the general wording, and no case law was found.
Checked 30 October 2026
Key legislation
| Law | What it does here | In force |
|---|---|---|
| Code pénal (Loi n° 59/AN/94 du 5 janvier 1995), avec le Livre V « Les contraventions » Penal Code, Law No. 59/AN/94 of 5 January 1995, with Book V on contraventions arts. 353–354 · arts. 394–402 · arts. 410–414 · art. R. 5-10° | Book II, Title II, Chapter V, Section II (proxénétisme and related offences) and Section IV of the chapter on morals; Book V sets the soliciting contravention.[1] | 1995 |
| Loi n° 133/AN/16/7ème L portant sur la lutte contre la traite des personnes et le trafic illicite des migrants Law No. 133/AN/16/7th L on combating trafficking in persons and the smuggling of migrants | Defines trafficking, including for the exploitation of the prostitution of others, and makes the victim's consent irrelevant.[2] | 2016 |
Timeline
Sources
- Code pénal (Loi n° 59/AN/94 du 5 janvier 1995), avec le Livre V « Les contraventions » (Penal Code (Law No. 59/AN/94 of 5 January 1995), with Book V on contraventions). Police and Human Rights Resources (reproduction of the official text). legislation · accessed 30 October 2026
- Loi n° 133/AN/16/7ème L portant sur la lutte contre la traite des personnes et le trafic illicite des migrants (Law No. 133/AN/16/7th L on combating trafficking in persons and the smuggling of migrants). Présidence de la République de Djibouti (printout hosted by the Warnath Group), 2016. legislation · accessed 30 October 2026