| For a summary of Seychelle’s review at the first cycle please click here. |
24th UPR session
Date of review: 25 January 2016
Date of report adoption: 8 April 2016
Document number: A/HRC/32/13
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SUMMARY SOGIESC issues during Seychelles’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
10. JS2 reported that sexual minorities such as Lesbian, Gay, Bisexual, Transgendered and Intersex were experiencing stigma and discrimination, which limited their access to health and social services. It also noted that Seychelles had not yet decriminalised homosexuality, even if the Employment Act of 1995 provided for non-discrimination on the basis of sexual orientation.
II. Excerpts on SOGIESC issues from the national report
Sexual orientation (Recommendations 57, 58, 59, 60, and 61)
57. The Government remains fully committed to protecting the rights of all persons without subjecting them to any undue forms of discrimination. Equal protection of the law for all persons continues to be guaranteed under Article 27 of the Constitution.
58. The Government remains in its consideration as to whether and to what extent legislation could be amended to better guarantee the Constitutional precept that persons of any sexual orientation are not to be discriminated against in Seychelles. It is to be noted that no one has been tried in Seychelles since its establishment as a Republic in 1976 on the basis of their sexual orientation.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
20. The Human Rights Committee was concerned that section 155 (c) of the Criminal Code criminalized male homosexuality and that according to section 151 (c), persons in a homosexual relationship were liable to imprisonment for 14 years. The Committee recommended that Seychelles decriminalize consensual sexual acts between adults of the same sex.
IV. References to SOGIESC issues during the Working Group review
49. On the issue of when the Government of Seychelles intended to repeal section 151 of the Penal Code to decriminalize same-sex relationships, the delegation reported that the Government was conducting an overarching review of the Penal Code, under which section 151 would also be considered. No decision had been taken as to whether section 151 would be amended. The delegation noted that no one had ever been tried under section 151 (c) on the basis of his or her sexual orientation.
V. Conclusions and/or recommendations
Seychelles accepted the following recommendations:
120.45 Adopt comprehensive anti-discrimination legislation, including on the basis of sexual orientation and gender identity (Netherlands);
120.46 Reinforce the relevant legal framework in order to contrast discrimination on the basis of sexual orientation (Italy);
120.47 Implement its commitment to repeal Section 151 of the Penal Code to decriminalize same-sex relationships (United Kingdom of Great Britain and Northern Ireland);
120.48 Repeal laws criminalizing consensual, same-sex relationships between adults (Australia);
120.49 Repeal the provisions criminalizing same-sex sexual relations between consenting adults, to respect the principles of equality and nondiscrimination among all persons (France);
120.50 Decriminalize consensual sex relations between adults of the same sex and strengthen legislation punishing all forms of discrimination, including on the grounds of sexual orientation and gender identity (Chile);
120.51 Expressly prohibit discrimination based on sexual orientation and gender identity, and decriminalize same-sex sexual conduct between consenting adults (Canada);
120.52 Guarantee that lesbian, gay, bisexual, transgender and intersex persons fully enjoy their human rights, on equal terms, by repealing norms that criminalize and stigmatize them (Argentina);
120.53 Repeal national provisions that discriminate against lesbian, gay, bisexual and transgender persons, and decriminalize consensual sexual relations between adults of the same gender (Germany).
VI. Further information
You will find all documents relating to Seychelles’s second review at UPR-Info and OHCHR’s websites.