UPR Sexual Rights Database

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-ICESCR; • …

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 … OP-ICESCR, …

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 159) The Government is in the process of considering the provisions of the following instruments and their implications for implementation in order to determine Seychelles' position towards signature and ratification.

National Report:
Para 11) A lot of advancements were made in reforming laws and safeguarding the rights of the people. Several legislations were also promulgated during that period such as the Persons with Disability Act 2011, Right to Access to Information Act 2013 and the Sexual Offences Act 2012 ... and the Customary Marriage Act 2007, which is in parts contradictory with regards to the age limit and the principle of consent

Para 21) ... In 2012 a National Action Plan on Gender-Based Violence and the National Referral Protocol on Gender-Based Violence was developed and launched. The President went a step further on the 8th March 2013, by declaring "Violence against women is violence against the State".

Para 23) ... The MOD/RSLAF has also set up a gender-based violence (GBV) desk in the office of the directorate of Gender and Equal Opportunity and a welfare office at HQ Joint Force Command to address GBV related issues. Sierra Leone thanks its development partners, both international and national, for ensuring the best practices in the MOD/RSLAF ...

Para 35) ... The Family Support Unit (FSU) deals with sexual and gender-based violence committed against women and children. The Moyamba Division has been the pilot division for the FSU, sponsored by the former Justice Sector Development Project (JSDP). All divisions now have a FSU. An MOU was signed with chiefs and the Family Support Unit (FSU) to report and assist carers of child abuse victims ...

Para 48) ... Additionally, the MSWGCA developed and launched the National Action Plan on Gender-Based Violence (GBV) and the National Referral Protocol on Gender-Based Violence in 2012. The implementation of the National Referral Protocol on GBV continues all across the country.

Para 53) ... The MSWGCA has during the period under review, collaborated with the International Rescue Committee, UNDP, and AMNET-SL in providing trainings and awareness-raising drives on sexual gender-based violence (SGBV) for the law enforcement agencies and other stakeholders including the Local Councils and other service providers for SGBV cases. Gender Durbars have also been conducted with brigades, battalions, units and other departments across the RSLAF to discuss gender issues, including women%u2019s empowerment, and to build their capacity to address GBV issues. GBV and Teenage Pregnancy Workshops have been conducted in military barracks and communities. The Directorate of Gender and Equal Opportunity is also networking with gender stakeholders, institutions and civil society groups to share experience, best practices and lessons learnt, in order to build capacity to deal with GBV issues within the Force.

Para 81) In addition to FHC, free malaria treatment for all age groups is provided in all government healthcare facilities, including ... for survivors of gender-based violence (GBV).

UN Compilation:
Para 11) ... The Committee on the Elimination of Discrimination against Women and the Committee against Torture welcomed the adoption in 2012 of the National Referral Protocol on Gender-based Violence and the National Plan of Action on Gender-based Violence.

Stakeholder Summary:
Para 21) AI noted that Sierra Leone has taken initiatives to improve its human rights framework, such as enactment of the Sexual Offences Act 2012 ...

Para 43) JS2 noted that in the first cycle report, several recommendations were presented to tackle gender based violence and sexual abuse of women and children in Sierra Leone. Though Sierra Leone has made some progress in this area by passing the Sexual Offences Act in 2012 and the three gender Acts in 2007, lack of effective implementation and enforcement of these laws continue to make particularly girls and women vulnerable to such crimes ...

National Report:
Para 15) In respect of saving livelihoods [during the COVID-10 pandemic], vulnerable groups were given safety nets in the form of expanded cash transfer programmes of Le 35,000 to Le 100,000 for households with a quota of persons with disabilities. Workers, both in the informal and formal sectors, were also beneficiaries. Petty traders, market women, low paid workers in the informal sector, totalling about 29,000, received cash injections of Le 1,300,000 per person.
Para 30) According to the Millennium Challenge Corporation (MCC) assessment report of 2020, Sierra Leone has registered remarkable strides in the improvement of policies with human rights implications. The policies calculated in percentage terms are as follows: … Gender in the economy, 61% …
Para 48) The Ministry of Gender and Children’s Affairs (MGCA) 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. Also, Sierra Leone is on the board of Women, Peace and Security and Humanitarian Action Compact and committed to undertake the following relevant policy actions including those in the national Gender Strategic plan has been finalised.
Para 49) The SLP has adopted an accelerated promotion policy for women and offers women officers' priority for training opportunities to participate in international peacekeeping missions. In February 2019, RSLAF conducted a 300 all-female recruitment and training programme. This is a cadet officer programme that offers women, especially those with Professional Qualifications (such as Medicine, Law, Accounting, Vocational Skills, etc.) to join the officer ranks of RSLAF.
Para 50) The Local Government Service Commission, the body responsible for the Local Councils has made strides incorporating women as pillars in the Commission. The Commission has five (5) Commissioners, three (3) of whom are women. The Local Government Act, 2004 stipulated that 70% of Ward Committee Members should be women.
Para 51) On 3 December 2020, the GoSL launched the Gender Equality and Women Empowerment Policy. The policy aims at changing social norms and perspectives and at the same time guaranteeing equality, inclusion, and access to rights, resources and opportunity for all.
Para 65) Further to recommendations of the European Union Election Mission in 2012, NEC has set up a committee encompassing various institutions of Government. As recommended by the EU Mission, NEC has reverted to the district tally centre process; and the same is embedded in the NEC Strategic Plan 2020-2024, which was launched on 18 November 2020. Regarding the conduct of effective and sustained sensitisation and awareness-raising campaign on gender mainstreaming, NEC has established departments for sensitisation, gender and disability departments.
Para 66) GoSL launched the Gender Equality and Women Empowerment policy on 3 December 2020. Even before the launch of the policy, the Government had already taken deliberate actions to ensure gender parity. The MFAIC, the Deputy Inspector General of Police, the MGCA, the Ministry of Fisheries, the Ministry of Tourism and Cultural Affairs and the Auditor General, are some of the highest offices of the land held by women.
Para 67) Proportion of seats held by women in national parliament increased from 12.4% in 2012 to 12.9% in 2018. The proportion of female mayors and local councillors and chairpersons increased from 18% to 28.6% over the same period.
Para 68) According to Cluster 5 of Sierra Leone’s MTNDP, 2019-2023, a key target is to ensure that more women are in a leadership position than there were in 2018 when the plan was launched.
Para 69) The Government continues to appoint women to senior governance positions. In line with the Chiefs of Defence Staff Conference at the UN in New York concerning 20% increase in female intake in RSLAF, 328 special female officer cadets were recruited.
Para 70) The Sierra Leone Police continues to implement its Gender Mainstreaming policy through accelerated promotion scheme for female personnel. This serves as incentives for women to join the SLP. In the Sierra Leone Correctional Services (SLCS), equal opportunities exist for both male and female applicants to sit entrance examination, go through the same interview process and successful candidates employed.
Para 76) The GoSL has, through NaCSA developed programmes aimed to reduce poverty and improving the economy. This programme has several components of poverty reductions, which includes the following: The Pro-Poor Growth for Peace Consolidation (GPC) Programme co-financed by the Governments of Sierra Leone and the Federal Republic of Germany aims at primarily improving the livelihoods of beneficiary communities and contributes to development and consolidation of peace, with a specific focus on employment creation and income generation for vulnerable groups (youths and women) in selected rural communities. … • Also, NaCSA has programmes aimed at addressing the plight of women, children and other vulnerable groups. Through this, NaCSA solicited funds to ensure that women and children are protected. This had been achieved through the various social protection programmes implemented nationwide with NaCSA providing income support to 2,250 women.
Para 77) Also, the War Reparation Programme, which has now ended, targeted vulnerable widows and were provided with a rehabilitation grant of Le 3.5 Billion.
Para 122) In February 2019, the Government launched the MTNDP as the fourth-generation Poverty Reduction Strategy Paper (PRSP). The key objective of the Plan is to achieve and improve education, hence a Free Quality School Education, as a basis for the development of human capital to facilitate the transformation of women’s empowerment, …

UN Compilation:
Para 4) The Peacebuilding Support Office of the Department of Political and Peacebuilding Affairs stated that the Peacebuilding Fund had been active in Sierra Leone since 2007, with $62 million allocated to date towards initiatives in support of …, young people and women’s participation and empowerment …
Para 42) … Women and members of other vulnerable groups, such as elderly persons and persons with disabilities, faced challenges in accessing financial, technology and market services [during the COVID-19 pandemic].
Para 52) The United Nations country team noted that Sierra Leone had ratified major international and regional treaties and conventions that upheld equality and prohibited discrimination based on gender. However, Sierra Leone was ranked 153rd out of 162 countries in the 2018 gender inequality index. Gender inequalities were exacerbated by discriminatory cultural norms that impinged on women’s access to power, resources and privileges. The prohibition of discrimination based on gender in the areas of marriage, divorce, adoption and devolution of property on death was established in the Constitution.

Stakeholder Summary:
Para 63) The-Carter Center (CC) regretted that women candidates have limited opportunities to participate in political processes, and that only two of 17 presidential candidates were female, and represented only 12.5% of all parliamentarian candidates. According toCC, the low number of female nominees reflected a lack of political will to improve gender equality in public institutions. It further noted that a Gender Equality Bill had been in the drafting process since 2013, and has not yet been made into law.