| For a summary of Seychelle’s review at the second cycle please click here. |
11th UPR session
Date of review: 4 May 2011
Date of report adoption: 21 September 2011
Working Group report: A/HRC/18/7
| Summary
Recommendations made: Repeal all provisions in its domestic law criminalizing consensual sexual activity between adults of the same sex and combat discrimination against lesbian, gay, bisexual and transsexual persons through political, legislative and administrative measures. Status of recommendations: Accepted. |
I. Key issues/recommendations identified by NGOs
- To bring its Penal Code into conformity with its international human rights obligations by repealing those provisions which criminalise same-sex activity between consenting adults.
- To extend existing legislation protecting individuals from discrimination on the basis of grounds including sexual orientation , to include gender identity.
II. Excerpts from input reports
NATIONAL REPORT
II. Background information and the normative and institutional framework guiding the promotion and protection of human rights
F. The legislation
57. The Employment Act 1995 makes provision for prevention of and redress for discrimination. It states: “Where an employer makes an employment decision against a worker on the grounds of the worker’s age, gender, race, colour, nationality, language, religion, disability, HIV status, sexual orientation or political, trade union or other association, the worker may make a complaint to the Chief Executive stating all the relevant particulars.”
COMPILATION OF STAKEHOLDERS’ INFORMATION
II. Promotion and protection of human rights on the ground
Implementation of international human rights obligations
2. Right to privacy, marriage and family life
5. JS1 recommended that provisions which maintain criminal sanctions for sexual activity between consenting adults be repealed. It referred to Section 151 of the Penal Code which establishes, among others, sanctions for sexual activity “against the order of nature”. JS1 stated further that provisions against sexual activity between consenting adults have been found to constitute a clear violation of international human rights law. JS1 referred to, inter alia, the views of the Human Rights Committee in Toonen v Australia adopted in Mary 1994 as well as the Committee’s Concluding Observations on several countries. Also, it was indicated that this position was consistent with other regional and national jurisprudence.
6. JS1 recommended that Seychelles bring its legislation in conformity with its commitment to equality and non-discrimination, and its international human rights obligations, by repealing all provisions which may be applied to criminalise sexual activity between consenting adults of the same sex.
III. References to SOGI during the Working Group review
Interactive dialogue and responses by the State under review
55. Australia […] noted the specific prohibition of discrimination based on sexual orientation in the 1995 Employment Act and practical steps taken to provide human rights education. Australia commended the focus in the state housing and education program on the needs of disabled, the gender focus in the social development program, also regarding domestic violence and prostitution. It made recommendations.
58. France noted the creation of the post of Human Rights Commissioner and a Media Commission and the recommendations of the 2006 election observation mission of the Commonwealth. France commended Seychelles’ support to the declaration made at the Human Rights Council in March 2011 concerning halting violence and human rights violations based on sexual orientation and identity. It noted that article 151 of the Penal Code however prosecuted sexual relations between consenting adults of the same sex. France made recommendations.
63. On sexual orientation, [the delegation of Seychelles] noted that article 27 of the Constitution prohibited discrimination on any grounds whatsoever including sexual orientation.
68. The delegation clarified that only non-consensual same-sex intercourse was an offense.
IV. Conclusions and/or recommendations
The following recommendations enjoyed the support of Seychelles:
100.57. Bring its legislation into conformity with its commitment to equality and non-discrimination, by prohibiting discrimination based on sexual orientation or gender identity (Canada);
100.58. Enact legislation that expressly prohibits discrimination against a person on the basis of sexual orientation or identity (Australia);
100.59. Bring its Criminal Code into conformity with its international commitments by taking appropriate steps to ensure that same-sex activity between consenting adults is not subject to criminal sanctions (Norway);
100.60. Confirm its commitments to equality and non-discrimination by decriminalizing consensual sexual relations between adults of the same sex as well as any discriminatory provisions with respect to lesbian, gay, bisexual and transgender persons (France);
100.61. Repeal all provisions in its domestic law criminalizing consensual sexual activity between adults of the same sex and combat discrimination against lesbian, gay, bisexual and transsexual persons through political, legislative and administrative measures (Spain);
V. Adoption of the Report
Comments by States and other stakeholders
Canadian HIV/AIDS Legal Network
Thank you Madame President,
We welcome the confirmation provided by the Seychelles that article 27 of the Constitution prohibits discrimination on any grounds whatsoever, including sexual orientation and gender identity.
This position is consistent with Seychelles’ support for the joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity, which was presented to this Council at its 16th session.
However, we remain concerned that Section 151 of the Criminal Code penalises sexual activity between consenting adults. Although this provision has never been applied, we are particularly pleased to see Seychelles accept the recommendations to repeal it from the Criminal Code.
We encourage Seychelles to amend current legislation to bring it into line with international standards as soon as possible. This would send a strong message of encouragement to lesbian, gay, bisexual and transgender citizens of Seychelles, who would be able to participate more equally in society without fear of discrimination or stigma. Could the delegation indicate a timeframe for this process?
We welcome the provision in the Employment Act which protects individuals from discrimination based on sexual orientation. Can the delegation indicate what other steps are being taken or planned to advance non-discrimination on the grounds of both sexual orientation and gender identity?
Finally, we encourage Seychelles to consider adopting the Yogyakarta Principles on the application of international human rights law in relation to sexual orientation and gender identity as a guide to assist policy making in this area.
Thank you.
Response of the State under review
Regarding the question from Canadian HIV/AIDS Legal Network on timeframes for changing the law – when it comes to Section 151 of the Criminal Code, I think it will be pretty soon. It will not take us a long time to repeal this section. We all know that its old and I don’t think either the government or Seychelles’ society want it in there anymore.
On your second question: I think what needs to be done is to disseminate. First of all we should repeal this provision in the Penal Code, and then we can undertake some dissemination of what is the understanding or position of the government concerning these persons. The very fact that the outcome of the UPR will be published in a report – the position of the government and the recommendations of other countries will be able to be seen in the report – will be a very important step in the dissemination, and enabling us to provide more fair provisions in our legislation and administration, and provide protection to these persons.
VI. Further information
UPR Documentation
National report 1 : A | C | E | F | R | S
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Questions submitted in advance : E only
Addendum 1: E only
Addendum 2: E only
Outcome of the review
Report of the Working group: A | C | E | F | R | S
Decision of the outcome: A | C | E | F | R | S
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