UPR Sexual Rights Database

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.

National Report:
Para 33) GoSL plans to ratify several Optional Protocols in the coming years. An objective of the on-going constitutional review process is, inter alia, to also incorporate some of the principles of international human rights espoused by the said Optional Protocols into the new constitution and thus make them as part of the supreme laws of the land. The Government is seeking donor support to enable it to prepare and submit the outstanding reports. A timetable for the submission of the reports supra is to be drawn in 2021 which will guide the GoSL.
Para 46) Sierra Leone signed the OP-CEDAW in September 2008 but has not ratified it. The Ebola Virus Disease in 2014 and the concurrent economic meltdown hampered the ratification process. With the election of a new government, came the Corona Virus pandemic. However, the Government has responded positively to the implementation of its contents.

National Report:
Para 27) The ban on pregnant girls in school that was introduced in 2015 was lifted on 30 March 2020. This is in conformity with recommendation of ending measures that excluded young pregnant girls from the mainstream educational system.
Para 57) On the 30 March 2020, the GoSL through its MBSSE lifted the ban on pregnant girls from participating in school education and this has been replaced by a new policy. The new policy of “radical inclusion and comprehensive safety” which under its treaty obligation under the ICESC article 2(1) encourages a progressive realisation of universal education for all children without any discrimination.
Para 58) Accordingly, the new policy “is building a radically inclusive Sierra Leone where all children – regardless of class, ethnicity, tribe, disability, location, gender reproductive or parental status – can live and learn in safety and dignity.’’ The Free Quality School Education (FQSE) framework lays out an overarching vision and holistic set of principles, towards a Sierra Leone where all children are entitled to meaningful and equitable opportunities to learn and prosper. This is an eloquent testament to the Government’s commitment to accessible and quality education (SDG 4), and gender equality (SDG 5).
Para 54) The United Nations country team stated that, as a response to a decision of the Court of Justice of the Economic Community of West African States, in 2019, Sierra Leone had established a sexual and reproductive health task force to advise on issues relating to the inclusion of adolescent girls and other vulnerable groups into the education system and on how to integrate comprehensive sexuality education into the basic education curriculum. In 2020, the ban on visibly pregnant girls attending schools had been lifted, and two policies, on radical inclusion and on comprehensive safety, for all children in the education system, had been developed. The United Nations country team commended Sierra Leone for the steps taken to facilitate the return of pregnant girls to school.

Stakeholder Summary:
Para 58) JS4 noted that according to a report of UNICEF, three out of every ten school girls are excluded from education as result of teenage pregnancy.
Para 61) JS3 indicated that, as a response to the ban on 2015 on pregnant girls attending school, in a decision of December 2019, the ECOWAS Court of Justice found that the policy barring girls from attending school, amounted to discrimination and human rights violations. JS2 and JS3 noted, however that deep seated challenges still remain, including policy measures to reverse the societal attitudes that support discrimination against pregnant girls.

"""National Report:
Para 5) ... The review of the 1991 Constitution is on-going, with key issues such as ... gender discrimination, taking the lead in the debate.

Para 6) ... There has also been progress in promoting human rights, gender equality, youth development, addressing corruption, law reform, and the ratification of treaties, as well as in handing out a presidential apology to women for harms they suffered and reparations for victims, as recommended by the TRC ...

Para 7) However, the implementation of the TRC recommendations is still ongoing: ... the repeal of sections (27(4)(d) and (e) of the Constitution which are discriminatory against women, the enactment of the 30% quota for women ...

Para 8) There are some recommendations that we have under consideration whist some have not been implemented, such as ... the request that the Government of Sierra ... create a Gender Commission

Para 21) Sierra Leone is a firm believer in advancing gender issues and is still working towards the promulgation of the 30% quota bill; the Agenda Prosperity has the empowerment of women as its 8th Pillar. The concerned Ministry namely, the Ministry of Social Welfare, Gender and Children Affairs (MSWGCA) has since the last review, implemented a National Gender Strategic Plan. A National Steering Committee was set up for the implementation of the National Action Plan on Security Council Resolutions 1325 and 1820.

Para 48) In the case of the sister resolutions on 1325 ad 1820, the Ministry has transformed the National Taskforce for the development of the SILNAP on 1325 and 1820 into a National Steering Committee for full implementation. The Ministry has concluded a second phase of the Gender and Security Sector Reform Project aimed at building the capacity of stakeholders and rural women for their engagement in security sector apparatus at the local level.

Para 52) The GOSL has taken affirmative action for the improvement of women's participation in public life through the appointment of several women in key leadership positions in the country. Positions taken by women include; (the immediate past) Chief Justice, Solicitor General, Administrator-Registrar General, Commissioner General of National Revenue Authority, Commissioner of Law Reform Commission, Auditor General, Commissioners of National Elections Commission including the former Chief Electoral Commissioner, Ministers and Deputy Ministers of Government, Honourable Members of Parliament, Ambassadors, Heads of Chanceries, Executive Secretaries, Commissioners of Human Rights Commission, Heads of Agencies and Parastatals, among others. The Government has enshrined in the Agenda for Prosperity the enactment of the legislation on a minimum 30% quota for women at all levels of governance positions.

Para 78) ... As reported by the School Census Report and the 2013 Country Status Report on Education, gender parity has been achieved at the pre-primary level and is almost achieved at the primary school level. Gender parity is increasing rapidly at the junior and senior secondary school levels and enrolment is increasing at a remarkable rate. The ratio of girls to boys at the different levels are as follows:
- Pre-primary GPI: 1.04 (2010); 1.08 (2011)
- Primary GPI: 0.94 (2010); 0.98 (2011)
- Junior Sec. GPI: 0.80 (2010); 0.89 (2011)
- Senior Sec. GPI: 0.59 (2010); 0.73 (2011)

Para 80) The GOSL is cognizant of the fact that education is the key to development and has reflected this view in some key pillars of the Agenda for Prosperity (Accelerating Human Development; Labour and Employment strategy; Social Protection and Gender Equality and Women's Empowerment). In the Gender Equality and Women's Empowerment pillar of the AFP, measures are being put in place to ensure that women's access to education is enhanced, especially the retention of girls in schools and adult literacy. Special programs such as scholarship schemes are available for girls taking up science and technology courses and free tuition is provided for girls up to junior secondary school level and this is intended to contribute to gender parity

Stakeholder Summary:
Para 21) ... The Gender Equality Bill, which provides for a minimum 30% representation of women in Parliament, local councils and ministries, has yet to be enacted ...

Para 54) TCC noted that a disproportionately low number of women stood as candidates in the 2012 elections, as one of the principal shortfalls of the electoral process. The participation of women candidates was impeded by high registration fees, intimidation, societal attitudes, and a history of electoral violence ...

Para 49) The GOSL has made several efforts through the MSWGCA in raising awareness on gender equality issues across the country. As set out in the Agenda for Prosperity, particularly Pillar 8, the GOSL has identified flagship projects to undertake. These include the development and passage of a minimum 30% quota for women in governance at all levels; the establishment of the Women's Commission and the development of a comprehensive policy on gender equality and women's empowerment. The Ministry has begun initiating actions on these flagship projects and intends to accomplish them before the end of 2014. It has also appointed a gender focal point in each ministry and governmental agency, ensuring that the appointee is a permanent member of staff at a senior level. Gender mainstreaming is a new plan of action and is also a criterion for any evaluation by the Minister of MSWGCA."