Prostitution laws in Eritreaኤርትራ
Eritrea's Penal Code of 2015 does not make selling or buying sex an offence. A person who, for gain, procures, promotes or aids the prostitution of another commits a Class 1 petty offence punishable by six to twelve months' imprisonment or a fine of 20,001–50,000 nakfa (Article 314). Trafficking women, infants or young persons into prostitution, even with their consent, or keeping them in a disorderly house to let them out to prostitution, carries five to seven years (Article 315), with heavier penalties for aggravated and organised forms (Articles 316–318). Adultery by a married person and their partner is a petty offence (Article 323). The government publishes no crime statistics and enforcement could not be assessed.
Legal model
Legal, organisation banned. Selling and buying are legal, but brothels, procuring and organising are criminal offences.
The Penal Code of 2015 has no offence of selling or buying sex. Procuring, promoting or aiding the prostitution of another for gain is a petty offence (Article 314), and trafficking women or young persons into prostitution, even with consent, or keeping them in a disorderly house is a serious offence (Article 315). How far the 2015 Code is applied in practice is uncertain (see notes).[1]
At a glance
| Question | Status | In short |
|---|---|---|
| Selling sexual services | Legal | No provision of the 2015 Penal Code makes selling sex an offence. General petty offences apply to sexual acts in public (Article 312) and to sexual intercourse by or with a married person outside the marriage (adultery, Article 323, one to six months or a fine).[1][2] |
| Buying sexual services | Legal | No provision of the 2015 Penal Code makes paying for sex an offence. A married client, or a client who knows the other person is married, may commit adultery, a Class 2 petty offence (Article 323).[1] |
| Brothels and managed venues | Illegal Criminal offence | Running a brothel falls under procuring, promoting or aiding the prostitution of another for gain, a Class 1 petty offence of six to twelve months' imprisonment or a fine (Article 314). Keeping women or young persons in a disorderly house to let them out to prostitution, for gain or to gratify others, is a serious offence of five to seven years (Article 315(b)).[1] |
| Third parties profiting (procuring / pimping) | Illegal Criminal offence | A person who, for gain, procures, promotes or aids the prostitution of another person commits a Class 1 petty offence: six to twelve months or 20,001–50,000 nakfa (Article 314). Inducing women, infants or young persons into prostitution, even with consent, is trafficking with five to seven years (Article 315), seven to ten years when aggravated (Article 316). The trafficking provisions do not cover adult men.[1][3] |
| Advertising sexual services | Restricted Breach: criminal offence | No provision specifically addresses advertising sexual services. Advertising the prostitution of another for gain would fall within "promotes or aids" in Article 314 (petty offence). Publicly distributing or displaying obscene or grossly indecent material is a Class 1 petty offence (Article 313). A person advertising only their own services is not covered by a specific offence.[1] |
The law in detail
Selling sexual services
No provision of the 2015 Penal Code makes selling sex an offence. General petty offences apply to sexual acts in public (Article 312) and to sexual intercourse by or with a married person outside the marriage (adultery, Article 323, one to six months or a fine).[1][2]
Confidence: medium. Read in the 2015 English edition published by the Ministry of Justice (Refworld copy via the Internet Archive). The US State Department's 2026 Trafficking in Persons Report describes the 2015 Code as not yet formally implemented; that page returned HTTP 403 and the statement was confirmed only from a search-result extract, so which code courts apply in practice was not verified.
Checked 30 October 2026
Buying sexual services
No provision of the 2015 Penal Code makes paying for sex an offence. A married client, or a client who knows the other person is married, may commit adultery, a Class 2 petty offence (Article 323).[1]
Confidence: medium. Same caveat as for selling on whether the 2015 Code is applied in practice.
Checked 30 October 2026
Brothels and managed venues
Running a brothel falls under procuring, promoting or aiding the prostitution of another for gain, a Class 1 petty offence of six to twelve months' imprisonment or a fine (Article 314). Keeping women or young persons in a disorderly house to let them out to prostitution, for gain or to gratify others, is a serious offence of five to seven years (Article 315(b)).[1]
Confidence: medium. The Code has no brothel-specific offence; the classification applies Article 314's general wording. Implementation caveat as above.
Checked 30 October 2026
Third parties profiting (procuring / pimping)
A person who, for gain, procures, promotes or aids the prostitution of another person commits a Class 1 petty offence: six to twelve months or 20,001–50,000 nakfa (Article 314). Inducing women, infants or young persons into prostitution, even with consent, is trafficking with five to seven years (Article 315), seven to ten years when aggravated (Article 316). The trafficking provisions do not cover adult men.[1][3]
Confidence: medium. The US State Department reported no anti-trafficking prosecutions in the 2025 reporting period. Implementation caveat as above.
Checked 30 October 2026
Advertising sexual services
No provision specifically addresses advertising sexual services. Advertising the prostitution of another for gain would fall within "promotes or aids" in Article 314 (petty offence). Publicly distributing or displaying obscene or grossly indecent material is a Class 1 petty offence (Article 313). A person advertising only their own services is not covered by a specific offence.[1]
Confidence: low. Classification inferred from general provisions; no case law or guidance found. Eritrea's media and internet environment is under tight state control, which was not examined here.
Checked 30 October 2026
Key legislation
| Law | What it does here | In force |
|---|---|---|
| Penal Code of the State of Eritrea 2015 Penal Code of the State of Eritrea 2015 arts. 312–318 · art. 323 | Replaced the Transitional Penal Code (the 1957 Ethiopian code adopted by Proclamation No. 3/1991); Articles 312–318 cover public indecency, obscenity, prostitution and trafficking in women and young persons.[1] | 2015 |
Timeline
- 1991Proclamation No. 3/1991 adopts the 1957 Ethiopian Penal Code, with amendments, as the Transitional Penal Code of Eritrea.[1]
- 15 May 2015The Ministry of Justice publishes the new Penal Code of the State of Eritrea, which makes procuring for gain a petty offence and trafficking into prostitution a serious offence.[1]
Sources
- Penal Code of the State of Eritrea 2015. Ministry of Justice of Eritrea (Refworld copy, Internet Archive snapshot of 2015-09-18), 15 May 2015. legislation · accessed 30 October 2026
- 2026 Trafficking in Persons Report: Eritrea. US Department of State, 2026. government · accessed 30 October 2026
- 2025 Trafficking in Persons Report: Eritrea. US Department of State (via ecoi.net), 29 September 2025. government · accessed 30 October 2026