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: (a) The repeal of Section 151 of the ‘Seychelles Penal Code’ in 2016 thereby decriminalizing private, consensual sex between adults of the same sex, discussed in detail in paragraph 57;
Para 56) Seychelles is party to the International Covenant on Civil and Political Rights (ICCPR) and recognizes the inherent right to dignity of each citizen. Article 27 of the Constitution of Seychelles guarantees equal protection of the law including the enjoyment of the rights and freedoms set out in the Seychelles Charter of Fundamental Human Rights without discrimination. This entails that citizens who feel aggrieved on the basis of their sexual orientation may freely seek redress.
Para 57) In June 2016 following extensive intergovernmental and public consultation, the Government repealed Section 151 of the Seychelles Penal Code that criminalized private, consensual sex between adults of the same sex. The offence previously subjected the offender of felony and liable to imprisonment for fourteen years, although, notably, no citizen had ever been tried in Seychelles under this offence. Para 58) In 2016 a Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) group was registered in Seychelles and since serves as a forum where the members can engage actively on issues that have direct impact upon them. They provide education and awareness programmes to the public on issues such as sexual orientation, nondiscrimination, and stigmatization.
Para 59) The Government continues to consult on whether and to what extent legislations can be amended to better guarantee the Constitutional rights of all its citizens regardless of sexual orientation.

UN Compilation:
Para 15) [CEDAW] noted that consensual same-sex relationships had been decriminalized. It was concerned, however, about acts of gender-based violence and persistent societal discrimination against lesbian, bisexual and transgender women.

Stakeholder Summary:
Para 5) Regarding recommendations 120.47, 120.48, and 120.53, SHRC noted that in 2016 the Government had repealed the law criminalising same-sex relationships between consenting adults. However, regarding recommendation 120.46 and 120.52, SHRC stated that the Government had not yet enacted legislation to ensure protection for all persons regardless of sexual orientation or gender identity …

National Report:
Para 35) The Government has continued to step up its efforts towards preventing, and eliminating all forms of violence against women. The 'National Action Plan for Gender Based Violence' (GBV) 2011-2015 focuses on a review and harmonization of existing laws on GBV, sensitization of legal and enforcement authorities, public education campaigns, enactment of a specific law on domestic violence and lobbying for the mainstreaming of gender perspectives into national development plans.

Para 36) The Government of Seychelles continues to commemorate 'Orange Day' on the 25th day of each month and '16 Days of Activism against Gender Based Violence' every 25th November to 10th December, with these days being utilized to raise awareness on GBV.

Para 37) A 'GBV Working Together Manual' to facilitate various agencies working together to prevent and respond effectively in favour of GBV survivors and their families is being developed. The Manual seeks to set out the roles and responsibilities of each agency and the procedures for multi-disciplinary work in addressing GBV effectively.

Para 40) ... A sensitization session on GBV was held with regards to evidence collection in cases of sexual abuse and rape for health officials in December 2013. In January 2015, training was undertaken to support victims of domestic violence; a similar session for perpetrators of such crimes is also being planned for late 2015. An interactive session on GBV Prevention led by a speaker from the "US Institute of Men Stopping Violence" was held in September 2015, for an audience made up predominantly of male participants from law enforcement agencies.

Para 41) Specific legislation on domestic violence is being developed by the Government. Wide consultation has taken place in the development of the law, including with members of judiciary, civil society, churches, service providers and the police.

Para 146) A helpline for the empowerment of women was set up by the NGO Women in Action and Solidarity. Working together with government agencies, the helpline provides ... counseling for victims of domestic abuse.

UN Compilation:
Para 25) The CEDAW welcomed the National Strategy for Domestic Violence 2008-2012 and the National Action Plan on Gender-Based Violence 2010-2011. However, it remained concerned about the relatively high rate of violence against women, including domestic violence, and the lack of legal provisions specifically criminalizing domestic violence and marital rape. The Human Rights Committee regretted that reported cases of domestic violence had allegedly doubled in the past six years and that the majority of cases of violence reported were violence against women and children.

Stakeholder Summary:
Para 14) Concerning domestic violence, JS1 indicated that Police rarely intervened in a domestic dispute unless it involved a weapon or a major assault. However, Police services had a "Family Squad" to investigate domestic violence and other family issues. The Social Affairs Division of the Ministry of Social Development and Culture and "The Women in Action and Solidarity Organisation" (WASO), a local NGO, provided counselling services to victims of rape and domestic violence. JS1 added that since 2010, the Gender Secretariat of the Ministry of Community Development conducted information campaigns to end gender-based violence, using spots on television and other related media.

Para 15) On the same issue, JS2 referred to recommendations accepted by Seychelles in 2011 to eliminate violence against women and stated that gender-based violence remained a major concern. Whilst the law was adequate in its provisions of protection, the enforcement was different. The Gender Secretariat of the Ministry of Community Development continued to have limited institutional authority, capacity and resources - only two employees currently - to effectively promote the implementation of the CEDAW and support gender mainstreaming activities across all sectors and levels of the Government. Moreover, the law on sexual assault was not strong enough and female partners tended to withdraw police cases ...

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 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 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.