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 28) Launched in December 2018, the Office of the First Lady led a rigorous campaign titled ‘Hands Off Our Girls’. As part of a national response against sexual and gender-based violence and related violations in the country, the Sexual Offences Act of 2012 was amended. Also, the first ‘Sexual Offences Model Court’ has been set up and launched on 24 July 2020 to try sexual violence offenders. In further fulfilment of the Government’s mandate and its determination to address this heinous crime, the Office of the Attorney-General and Minister of Justice has established a team to process speedy trial of cases involving sexual and gender-based violence and related violations. Also, State Counsel have been instructed to oppose bail from perpetrators of sexual offences and to ensure that convicted sex offenders do not benefit from the power of the prerogative of mercy.
Para 29) There has been a sexual amendment (Amendment) Act, 2019. The Act increases the punishment for conviction of rape or sexual offences of minors. Before this, there was a state of emergency on rape and other offences in 2019.
Para 40) As demonstrated in the national reports Sierra Leone submitted to the First and Second Cycle reviews, significant work has been undertaken, including the passing of the undermentioned instruments, to implement many of the recommendations of the Truth and Reconciliation Commission (TRC) and to provide legislative safeguards for human rights: … • The Sexual Offences Act 2012; as amended by the Sexual Offences (Amendment) Act, 2019;
Para 104) As a preventive measure, the GoSL formulated the National Male Involvement Strategy for the Prevention of Sexual and Gender-Based Violence. It aims at, among other things, eradicating sexual and gender-based violence, promoting gender equality and upholding the rights and dignity of women and girls. The strategy adopts a socially transformative approach that focuses on the participation of men and boys as change agents and champions for protecting women and girls in their families, communities, schools and workplaces. It treats men not just as perpetrators of violence but as allies in changing power relations and systems in society that sustain gender inequality and violence.
Para 105) In 2019, the Government reviewed the Sexual Offences Act of 2012 and enacted the Sexual Offences (Amendment) Act 2019 to increase the maximum penalty for Rape and Sexual Penetration of a child from 15 years’ imprisonment to a sentence of life imprisonment and introduced the new offence of aggravated sexual assault and an alternative conviction of aggravated sexual assault. Also, a ‘Sexual Offences Model Court’ has been set up to try sexual violence offenders. In 2020, the GoSL instituted a free health line for rape and SGBV victims to report the incidences. Between April and October, 2020, a total of 48,147 calls were processed.
Para 106) In further fulfilment of the Government’s mandate and its determination to address this heinous crime, the Office of Attorney-General and Minister of Justice has established a team to process speedy trial of cases involving sexual and gender-based violence and related violations. Also, State Counsel have been instructed to oppose bail from perpetrators of sexual offences and to ensure that convicted sex offenders do not benefit from the power of prerogative of mercy. The FSU of the SLP is being strengthened to adequately respond to sexual and gender-based violence cases.
Para 107) From 11 to 20 May 2017, the Decentralisation Secretariat in partnership with the United Nations Children’s Fund (UNICEF) held consultative meetings with all 149 Paramount Chiefs in the country. These meetings addressed issues of violence against children and women. The Paramount Chiefs prepared action plans on how to prevent violence against children and women and promoting children welfare in their communities.
Para 119) Sexual and Gender-Based Violence (SGBV) which is a perennial source of human rights violations is itself a complex mix of traditional beliefs and poverty that are experienced more by women, particularly by women in the rural areas and within the urban-rural enclaves.

UN Compilation:
Para 53) The United Nations country team commended Sierra Leone for the steps taken to address the increasing rate of reported cases of sexual and gender-based violence, including the launch of the “Hands off our girls” campaign in 2018, the development of a national strategy for the involvement of males in the prevention of and response to sexual and gender-based violence, and the establishment of a toll-free hotline to report cases of such violence. It also noted the assistance provided to victims.
Para 56) The United Nations country team remained concerned over the continuous prevalence of rape and other forms of sexual violence, including against children, and about the prolonged investigation and trial of cases reported to the police.

Stakeholder Summary:
Para 34) JS2 and JS3 welcomed that the Sexual Offenses Act was amended in 2019 to include additional sexual crimes and increased penalties for perpetrators of sexual violence against children. JS2 also welcomed the establishment of the Family Support Unit of the Police; the free toll line, the One-Stop-Centres, and related awareness raising campaigns. However, the organisations highlighted that significant issues should still to be addressed, such as rape, commercial child sexual exploitation.
Para 35) CUMG-SL stated that, while policies have been developed to combat sexual abuse against girls in school, those policies were challenged by inadequate support to ensure effective implementation.

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 39) Some of the recommendations by CRC, which are accepted include, … the criminalisation of FGM.
Para 59) There is a Memorandum of Understanding (MoU) between the Government and the ‘Sowei’ Council is in place as a strategy to ending FGM, which calls for girls under the age of 18 years not to be circumcised. The Government is using the free quality school education as an entry point to sensitise girls of the harms of FGM and eventually eliminating its prevalence. The Government is also working closely with campaigners on ending FGM to engage the practitioners and to work towards finalisation of the National Strategy for Reduction of FGM. Despite the MoU that children should consent to initiation, the practice is on-going regardless.
Para 60) In this regard, much has been done through collaborative engagement between state and non-state actors with the MGCA taking the lead in reaching to the general public on the continuous promotion of awareness against FGM in the Country. Girls and women aged between 15–49 years who have undergone FGM dropped from 89% in 2011 to 86.1 % in 2019.
Para 118) Some violations have always been inherent within the structures of the society for decades, predicated upon dubious traditional practices and beliefs. FGM, as a harmful practice on the girl child, is difficult to eliminate or legislate out of existence because of the traditional and cultural belief systems.

UN Compilation:
Para 20) The United Nations country team noted that traditional harmful practices, such as female genital mutilation, remained prevalent in Sierra Leone. While noting successful efforts to include practitioners of female genital mutilation in the fight against such mutilation, the Committee on the Rights of the Child was seriously concerned that female genital mutilation was still not prohibited in law for children.
Para 21) The United Nations country team regretted that, despite measures taken, secret societies continued to practise female genital mutilation, including on underage girls. It noted that in 2019, following reports of misuse of secret societies, the Minister of Local Government and Rural Development had banned the activities of secret societies.

Stakeholder Summary:
Para 32) European Centre for Law and Justice (ECLJ) was alarmed that, despite efforts deployed by the Government, Sierra Leone still had one of the highest rates of Female Genital Mutilation (FGM) in the word, with an estimated 90% of women and girls having suffered mutilation. Plan International (PI) regretted the lack of legislation criminalizing FGM. According to JS2, CUMG-SL and ECLJ, Sierra Leone continued to face challenges in combating FGM because it is rooted in cultural and traditional practices. ECLJ emphasized the negative role of the Bondo society who encouraged and carried out FGM ceremonies, and noted that, while initiations are illegal, there was still not a law against the pervasive practice of FGM itself in force.