In Africa, the legal treatment of prostitution varies significantly from country to country. While some nations embrace legalization or decriminalization, many follow the abolitionist model, where the sale and purchase of sex are permitted, but surrounding activities—like brothels and solicitation—are restricted to prevent exploitation.
Let’s explore 14 African countries where prostitution is legal, examining each nation’s approach and what that means for sex workers on the ground.
| Country | Legal Mode in Use | Additional Details on Legality |
|---|---|---|
| Ethiopia | Abolitionism | Prostitution is legal, brothels and solicitation illegal. |
| DR Congo | Abolitionism | Prostitution is legal, brothels and solicitation illegal. |
| Kenya | Abolitionism | The Penal Code does not criminalize sex work, but third parties living off its earnings are penalized. |
| Mozambique | Legalization | |
| Madagascar | Abolitionism | Prostitution is legal, brothels and solicitation illegal. |
| Ivory Coast | Abolitionism | Prostitution is legal, brothels and solicitation illegal. |
| Malawi | Abolitionism | Prostitution is legal, brothels and solicitation illegal. |
| Zambia | Abolitionism | Prostitution is legal, brothels and solicitation illegal. |
| Senegal | Abolitionism | Prostitution is legal, brothels and solicitation illegal. |
| Togo | Abolitionism | Prostitution is legal, brothels and solicitation illegal. |
| Sierra Leone | Not specified | Soliciting and 3rd party involvement are prohibited by the Sexual Offences Act 2012. |
| Central African Republic | Abolitionism | Profiting from prostitution of others is illegal; coercion, trafficking, and child prostitution are concerns. |
| Eritrea | Legalization | |
| Guinea-Bissau | Decriminalization |
Source: World Population Review
1. Ethiopia – Abolitionism
Ethiopia follows the abolitionist model, where selling and buying sex are legal. However, operating brothels, public solicitation, and pimping are criminalized. This often pushes sex work underground, exposing workers to risks without the benefits of formal protection or regulation.
2. DR Congo – Abolitionism
The Democratic Republic of the Congo adopts a similar abolitionist approach. Sex workers may legally operate independently, but any form of organized sex work, including brothel operation or third-party facilitation, is prohibited. Enforcement can be inconsistent, leaving workers in precarious conditions.
3. Kenya – Abolitionism (with Enforcement Focus on Third Parties)
While prostitution itself is not criminalized in Kenya, the law targets third-party involvement—such as those living off the earnings of prostitution or facilitating transactions. As per the abolitionist framework, public solicitation and brothel ownership remain illegal, creating a semi-clandestine industry with limited protections.
4. Mozambique – Legalization
Mozambique stands apart as one of the few African countries with legalized prostitution. Here, buying and selling sex are allowed, and some forms of organization (such as brothels) may operate within legal parameters. Regulation is still relatively light, but this model gives sex workers more structure and legitimacy.
5. Madagascar – Abolitionism
Under Madagascar’s abolitionist model, individuals may legally engage in sex work. However, operating brothels or soliciting in public spaces is not permitted. This setup reflects a common African approach—legal in theory, but difficult in practice due to a lack of supportive infrastructure.
6. Ivory Coast (Côte d’Ivoire) – Abolitionism
Ivory Coast allows prostitution but follows the abolitionist model—targeting brothel operations and public solicitation while leaving the sale of sex itself untouched. As with many countries in this category, sex workers may find themselves operating in legally vague or risky conditions.
7. Malawi – Abolitionism
Malawi permits the selling of sex but prohibits brothel-keeping and solicitation. This aligns with the abolitionist framework, where only unorganized, private sex work is legal. Without decriminalization or legalization, workers often lack access to health care or legal protections.
8. Zambia – Abolitionism
Zambia’s laws reflect the abolitionist stance—legalizing the act of prostitution but banning brothels and organized solicitation. Sex workers may work individually, but the absence of legal recognition for support structures puts them at risk of exploitation and abuse.
9. Senegal – Legalization
Senegal is one of the few African countries with a legalized and regulated sex work system. Prostitutes must register with the authorities and undergo regular medical checkups. This approach offers more protection and oversight than abolitionism, though it may exclude unregistered workers from legal safeguards.
10. Togo – Abolitionism
Togo legalizes sex work under the abolitionist model, criminalizing organized prostitution and solicitation. This often leads to sex workers operating without legal support, as their means of connecting with clients or forming protective collectives are restricted.
11. Sierra Leone – Abolitionism (with Limited Legal Detail)
In Sierra Leone, prostitution is legal, but laws prohibit solicitation and third-party involvement, consistent with abolitionist principles. The 2012 Sexual Offences Act targets activities seen as exploitative but leaves the sex worker in a precarious, unprotected position.
12. Central African Republic – Abolitionism (with Human Rights Focus)
Prostitution is legal, but profiting from another’s sex work, coercion, and trafficking are criminal offenses. This reflects an abolitionist model, designed to reduce exploitation. However, the nation struggles with enforcement challenges, especially around child prostitution and trafficking.
13. Eritrea – Legalization
Eritrea is among the rare African nations that follow a legalization model. Sex work is permitted, and although regulation details are limited, the legal environment suggests a more tolerant stance. However, the lack of public data makes it difficult to assess how protections are implemented.
14. Guinea-Bissau – Decriminalization
Guinea-Bissau takes the most liberal approach of all on this list: decriminalization. This means buying, selling, and organizing sex work are all legal or simply not addressed in law. The trade is mostly unregulated, allowing sex workers relative freedom—but without a structured system to ensure safety, health, or labor rights.
These 14 African countries represent a wide spectrum of legal frameworks for sex work, ranging from tightly controlled legalization to loosely defined decriminalization, with most falling under the abolitionist model. While legalization and decriminalization provide clearer protections and autonomy for sex workers, abolitionist policies often leave them operating in the shadows—legal in theory but exposed in practice.
As African societies and governments continue to confront the realities of sex work, discussions around regulation, worker protection, and health services will become increasingly important.