UPR Sexual Rights Database

National Report:
Para 24) There is currently on-going work to further review the ‘Children Act 1982’ and incorporate provisions of the United Nations ‘Convention on the Rights of the Child’. The Cabinet of ministers has approved the Ratification of the ‘Optional Protocol to the Convention on a Communications Procedure’ in 2020. It now awaits approval of the National Assembly, expected for tabling during the first half of 2021.
Para 113) The Government is in the process of considering the following human rights related instruments in order to determine Seychelles’ position towards signature and/or ratification: • OP-CRC-IC; …

Stakeholder Summary:
Para 2) … , the Seychelles Human Rights Commission (SHRC) noted that Seychelles had ratified all 9 core human rights treaties, but that Government action was still required regarding …, the OP-CRC-IC, …

National Report:
Para 2) The Government remains committed and fully engaged towards the review, reform and enhancement of existing legislation, and moving towards the enactment of new laws so as to remain in the forefront of advocating for the advancement of human rights practices. Some new pieces of legislation and amendments enacted since the last review include interalia: … (b) The ‘Education (Amendment) Act, 2017’ which aims to guarantee the rights of children and young persons conferred by the Constitution in the implementation of the Act, as well as afford to all students an equal opportunity to education and training, and promote the principles of gender equality.
Para 33) The National Gender Policy was officially launched in 2016, and reinforces the government’s objectives to ensure gender mainstreaming (GMS). The policy aimed to provide support that brings about positive changes in society, allowing Seychellois citizens to reach their full potential by removing gender barriers. The policy is part of the broader government duty in the implementation of the Sustainable Development Goals, ‘Convention on the Elimination of All Forms of Discrimination against Women’, and regional instruments which focuses explicitly on eliminating gender bias. The National Gender Action Plan, which is intended to be proposed to Cabinet, supplements the gender policy framework which is a key component of the GMS implementation in the country.
Para 35) Stereotypical attitudes about the roles and responsibilities of women and men in the family and in society remain, and needs to be overcome in order to fully recognise and achieve gender equality in the public and private spheres. For instance, there is a need to increase the participation of men in child-raising and other domestic duties. Entrenched gender stereotypes can also lead to men and women specializing in specific skills and sectors, such as manufacturing and nursing professions. Despite the forgoing, it is to be noted that many women in Seychelles occupy highly respected and prominent positions such as Ministers, Principal Secretaries, CEOs and Governor of the Central Bank. There are also many women owning their own businesses.

UN Compilation:
Para 12) In 2019, the CEDAW welcomed the adoption, in 2018, of the Seychelles Human Rights Commission Act establishing the Seychelles Human Rights Commission, as well as the request for its accreditation by the Global Alliance of National Human Rights Institutions. It was concerned, however, that the Commission was not yet compliant with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles) and that issues of women’s empowerment and gender equality were not yet included as part of its mandate.
Para 14) CEDAW was concerned about the persistence of discriminatory gender stereotypes and patriarchal attitudes regarding the roles and responsibilities of women and men in the family and in society.
Para 40) CEDAW remained concerned that women frequently faced occupational segregation with concomitant wage differentials, and that the high achievements of girls in education did not translate into labour market opportunities.
Para 53) UNESCO noted that women and girls were concentrated in traditionally female-dominated fields of study and underrepresented in the fields of science, technology, engineering and mathematics at the secondary and tertiary levels.
Para 57) [CEDAW] commended Seychelles on the adoption of a national gender plan of action for the period 2019–2023 and on the appointment of the National Gender Management Team. The Committee, however, noted with concern that the Gender Secretariat, which supported gender mainstreaming across all sectors, lacked adequate human, technical and financial resources, …
Para 58) CEDAW welcomed the increased representation of women in leadership positions, but remained concerned that women remained underrepresented at the decision-making level of political life, including in the parliament, the foreign service and academic leadership positions.

National Report:
Para 57) The Government remains fully committed to protecting the rights of all persons without subjecting them to any undue forms of discrimination. Equal protection of the law for all persons continues to be guaranteed under Article 27 of the Constitution.

Para 58) The Government remains in its consideration as to whether and to what extent legislation could be amended to better guarantee the Constitutional precept that persons of any sexual orientation are not to be discriminated against in Seychelles. It is to be noted that no one has been tried in Seychelles since its establishment as a Republic in 1976 on the basis of their sexual orientation.

Stakeholder Summary:
Para 10) JS2 reported that sexual minorities such as Lesbian, Gay, Bisexual, Transgendered and Intersex were experiencing stigma and discrimination, which limited their access to health and social services. It also noted that Seychelles had not yet decriminalised homosexuality, even if the Employment Act of 1995 provided for non-discrimination on the basis of sexual orientation.

National Report:
Para 2) The Government remains committed and fully engaged towards the review, reform and enhancement of existing legislation, and moving towards the enactment of new laws so as to remain in the forefront of advocating for the advancement of human rights practices. Some new pieces of legislation and amendments enacted since the last review include interalia: … (l) The ‘Domestic Violence Act, 2020’ which prohibits acts of violence in the domestic context, provides for protection of aggrieved persons, provides for penalties, makes provision for services for aggrieved persons and perpetrators of domestic violence, and other related matters.
Para 12) As of mid-2020, the media have been granted free access to all courts and are no longer required to seek permission from the Registrar of the Supreme Court or security before entering. This was enforced by the Public Relations department on the basis that the courts are public. Unless a closed hearing is taking place on sensitive matters (sexual assault especially), journalists are encouraged to cover court cases, making the courts more visible in newspapers and on television. In this way, justice is delivered in the eyes of all, rather than behind closed doors with no accountability.
Para 20) The President appointed a Child Law Reform Committee (CLRC) with effect from June 2020, which is chaired by the former Chief Justice and Judge of the Court of Appeal and consists of members from the Attorney General’s Office, the Social Affairs Department, Seychelles Police, NCC and the Ministry for Education. The CLRC is supported by a technical committee to enable it to carry out its functions efficiently. The Committee was tasked with reviewing sexual offences and to propose reform of the provisions under the Penal Code. It is also mandated to review other existing legal framework applicable to children, and make recommendations for legal reform to enhance the legal protections afforded to children in line with Seychelles’ Constitution, international law obligations and best practice. This reform has become increasingly important following public outcry towards a sexual abuse case reported in April 2020 involving girls ranging from 12 to 18 years old. The case was a first-of-its-kind in Seychelles and has resulted in shock and outrage among residents.
Para 21) The Committee has done extensive work and proposed a modern sexual offence legislation which will be submitted to the government during the first quarter of 2021 for consideration. The Committee is dedicated to ensuring that the protection of constitutional rights is upheld in all its recommendations as well as ensuring clear non-discriminatory drafting of legal provisions that allow for empowerment, effective advocacy, strong policies and practices, and which are consistent in application and encourage a positive shift in attitude and behaviour at a societal level.
Para 22) The CLRC affirmed that it will continue its work in the coming year, conduct extensive public consultation, including a dedicated Children’s Conference to ensure that voices of children are heard, and inform any new laws intended to enhance their protection, review existing laws, and recommend consequential amendments that will need to be enacted to accommodate its recommendations relating to the proposed sexual offences law.
Para 30) The Government has replaced the previous Family ‘Violence (Protection of Victims) Act’ with a new ‘Domestic Violence Act’, 2020. The Act condemns domestic violence, provides for protection of victims, and covers a wide range of acts that amount to domestic violence such as physical, verbal or psychological, and economic abuse. The Act caters for the duties of the police, social services, as well as other services that provide relief to victims, and makes provision for continued training of service providers. Whilst the Act makes provisions for the punishment of perpetrators of domestic violence, it also provides for their rehabilitation.
Para 31) The CLRC has also contributed to the evaluation of Seychelles laws in the context of gender based violence and child protection by drawing from evidence on domestic practices and inputs, and equate them with international and regional norms. It found that whilst the Penal Code provides certain protection against sexual offences for both women and children, laws have to be introduced to give full effect to the protection. Subsequently, a range of new offences will be recommended in relation to rape such as sexual grooming, the use of intimate images and sexual communication with children through social media and other digital platforms. Furthermore, harassment offences such as cat calling, flashing, blackmail and more are also to become punishable by law under the proposed legislation.
Para 32) More stringent obligations are to be imposed on police, prosecutors, social services and judges when investigating and adjudicating sexual offences, including the enhancement of protection for persons living with disabilities.
Para 34) The Government continues to commemorate ‘Orange Day’ and ‘16 Days of Activism against Gender Based Violence’ every 25th November to 10th December, with these days being utilized to raise awareness on gender based violence.

UN Compilation:
Para 59) [CEDAW] commended Seychelles on its efforts to counter gender-based violence, but noted with concern that the incidence of gender-based violence in the country continued to be among the highest in the region. … UNHCR welcomed the approval and entry into force of the Domestic Violence Act 2020.

Stakeholder Summary:
Para 14) SHRC noted that in 2020 Seychelles enacted the Domestic Violence Act and that the legislation had been developed with the participation of civil society. However, SHRC stated that the legislation had not yet become operational.
Para 15) SHRC … noted that there was one shelter for women victims of domestic violence and that the Government had allocated a plot of land to build a new shelter.