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 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 …