UPR Sexual Rights Database

National Report Annex:
The findings of the Evaluation of the Action Plan for the implementation of the National Strategy for the Improvement of the Status of Women and Improving Gender Equality 2010-2015 indicate a degree of progress was achieved in the above areas, particularly regarding the improvement of the legal framework in the field of equal participation of women and men in the political life, anti-discrimination, labour and employment, as well as establishing institutional mechanisms for gender equality, improving gender-sensitive statistics and increased visibility of the issue of violence against women. The selected strategic areas and targeted interventions were confirmed to be relevant, but some areas need to be expanded or redefined.
In February 2016 the Government of RS adopted the National Gender Equality Strategy for 2016-2020 with an Action Plan 2016-2018. The Strategy contains three primary goals: 1) change of gender patterns and improvement of cultural gender equality; 2) increasing the equality of women and men by applying equal opportunity policies; and 3) systematic introduction of gender perspectives into the adoption, implementation and monitoring of public policy.
The first report on the implementation of the National Gender Equality Strategy and relevant Action Plan has been developed.
The Coordination Body for Gender Equality, within its regular activities, participates and supports projects, campaigns and initiatives aimed at promoting gender equality and overcoming gender stereotypes and prejudices in Serbia.
Key examples are: the campaign "16 Days of Activism against Gender-based Violence", the project "Women`s Empowerment" - support for the economic empowerment of women who have endured violence; participation in regional conferences on women entrepreneurship and support to the annual award of the "Success Flower for a Dragon Woman" organized by the Association of Businesswomen, etc.
The Ministry of Education, Science and Technological Development implemented the project "Prevention of Gender-based Violence" with the aim of sensitizing employees in educational institutions on gender-based violence, responding and empowering everyone to react in cases of gender-based violence (domestic and sexual violence) and discrimination.
The Ministry of Culture and Information supports the development of media content in order to protect and develop human rights and democracy. For projects that explicitly deal with gender equality, around RSD 2,000,000 are allocated annually, while more funds are allocated indirectly by supporting women authors and artists.
Through the IPA project Strengthening Media Freedom, the Report on the Status of Gender Equality and the Position of Women in the Media was prepared, which will be the starting document for the working group for the preparation of a future strategy for development of the public information system.
In November and December 2015, the Institute for the Study of Cultural Development conducted a survey Cultural habits, needs and attitudes of Serbian citizens on a national sample of 1,565 respondents. The results of the survey have shown that citizens' attitudes are mainly positively oriented towards gender equality. Citizens are most vulnerable to gender equality in the field of education and economics, and least trust in equality regarding political participation and decision-making.
The Provincial Secretariat for Social Policy, Demography and Gender Equality, through the publication "Women's Planner", annually promotes women in different areas.
The Republic of Serbia has a developed a legal framework that determines the principle of equal opportunities and availability of jobs for both sexes. When recruiting to state bodies of local self-government units and autonomous provinces, it is taken into account that the national composition, gender representation and the number of persons with disabilities reflect as far as possible the structure of the population, and equal opportunities for promotion and rewarding are envisaged.
The new legal solutions through the Law on Gender Equality provide for the introduction of quotas that will ensure the minimum 40 percent of women in management and supervisory bodies for education, science, culture, information and sports, as well as in international organizations.
Article 104, paragraph 1-2. of the Labour Law stipulates that an employee has the right to adequate salary which is determined in accordance with the law, the general act and the employment contract. Employees are guaranteed equal pay for the same work or the same values that they earn with the employer. Provisions of the Labour Law ensure that the employed woman and man are equally paid for equal work.
The Law on Civil Servants applicable to employees in state bodies, by Article 13 provides that every civil servant is entitled to salary, benefits and other remuneration under the law regulating salaries in state bodies, and Articles 10 and 11 of the same law provide an equal opportunity for promotion and rewarding.
The Law on employees in autonomous provinces and local self-government units, applicable in the bodies of autonomous provinces and local self-government units, under Article 27 stipulates that each employee is entitled to salary, benefits and other remuneration under the law governing salaries in the autonomous province and the local self-government unit and Article 20 of the same law stipulates that an employee has the right to advance in service by acquiring a higher job determined by this law and acquiring a higher pay band determined by the law regulating salaries for the employees in autonomous provinces and local self-government units.
Salaries of employees in the public sector are regulated by the Law on the Salary System for the Public Sector Employees, the Law on Salaries of Civil Servants and General Service Employees, the Law on Salaries in State Bodies and Public Services, which regulate salaries, benefits and other remuneration of public sector employees. A salary consists of the basic salary and increased salary and contains on a monthly basis tax and contributions paid from salaries. The basic salary is determined by multiplying the base for the calculation and payment of salaries, which is unique for all employees, with a coefficient, where these coefficients are determined in the same way for all employees in the public sector, regardless of their gender.
Activities aimed at implementing the recommendation are being continuously implemented.

UN Compilation:
Para 38) CESCR remained concerned about the high unemployment rate in Serbia, which disproportionately affected women, …
Para 39) [CESCR] was concerned about the low employment rate of women and the prevalence of gender discrimination in employment.
Para 59) The UN country team stated that deep-rooted stereotypes persisted in Serbia and that there was a recent trend of re-establishing traditional roles and responsibilities of women and men in the family and society, which undermined women’s social status, participation in public life and professional careers.
Para 60) The UN country team indicated that only 5 per cent of municipal presidents or mayors, and 29 per cent of the councillors in local assemblies, were women. CESCR was concerned about the underrepresentation of women in the national and local government bodies and public sector positions. The UN country team indicated that fewer women than men were employed (42 per cent as compared to 58 per cent).

Stakeholder Summary:
Para 60) JS4 indicated that there were municipalities which had not established equality mechanisms.

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 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.

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.