LGBTQ rights in Seychelles

LGBTQ rights in Seychelles
Seychelles
Status	Legal since 2016
Gender identity	No
Military	No
Discrimination protections	Sexual orientation protections in employment (see below)
Family rights
Recognition of relationships	No
Adoption	No

Lesbian, gay, bisexual, and transgender (LGBT) people in Seychelles face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal since 2016, and employment discrimination on the basis of sexual orientation is banned in Seychelles, making it one of the few African countries to have such protections for LGBT people. However, LGBT people may nonetheless face stigmatization among the broader population.^{[ clarification needed ]}

Legality of same-sex sexual activity

Until June 2016, Section 151 of the Penal Code banned male same-sex intercourse with up to 14 years' imprisonment. ^[1] Female same-sex sexual acts were not covered by Section 151 or any other criminal law of Seychelles. ^[2]

In October 2011, the Seychellois Government agreed to decriminalize same-sex sexual acts "pretty soon, as the Government and civil society want so". ^[3] On 29 February 2016, the Government decided to introduce a bill to this effect. The National Assembly was expected to consider the measure within a few months. Attorney General Ronny Govinden ruled out a referendum on the issue. ^{[4] [5]} The bill was approved on 18 May 2016, in a 14–0 vote. ^[6] It was signed into law by President James Michel on 1 June, and took effect on 7 June 2016. ^{[7] [8]}

Recognition of same-sex relationships

Main article: Recognition of same-sex unions in Seychelles

Seychelles does not recognize same-sex marriage or same-sex civil unions. ^[9]

In June 2015, two men, a British national and a Seychellois national, were married at the British High Commission by Lindsay Skoll, the High Commissioner of Seychelles. ^[10]

Discrimination protections

The Employment Act, 1995 (French : Loi de 1995 sur l'emploi) prohibits employment discrimination on the basis of sexual orientation. This prohibition was added to the act in 2006. ^[2] The Act provides as follows: ^[11]

Section 2. In this act –

* * *

"harassment" means any such unfriendly act, speech or gesture of one person towards another person that is based on the other person's ... sexual orientation ... as would adversely affect the other person's dignity or make that person feel threatened, humiliated or embarrassed;

Section 46A. (1) Where an employer makes an employment decision against a worker on the grounds of the worker's ... sexual orientation ..., the worker may make a complaint to the Chief Executive stating all the relevant particulars.

Hate Crimes

On September 18, 2024, the Seychelles Parliament passed the Penal Code (Amendment) Act, which adds enhanced sentencing for crimes motivated by hatred of a "protected characteristic." Protected characteristics are defined in the bill as:

• (a) “race” includes colour, descent, ancestry, nationality, citizenship, ethnic or national origin;
• (b) “religious belief” includes both religious belief or lack thereof;
• (c) “disability” means physical or mental impairment of any kind;
• (d) “sexual orientation” means an individual’s capacity, or lack thereof, for physical, romantic or emotion attraction to, and intimate and sexual relations with individuals of a different gender, the same gender or multiple genders;
• (e) “gender identity” means a person’s internal and individual experience of gender, which may or may not correspond with the sex assigned at birth. This includes an individual’s personal sense of the body which may involve altering their bodily appearance or function through medical, surgical, or other means, as well as other expressions of gender including clothing, speech and mannerisms;
• (f) “sex characteristics” means variations in the sex development of a person, which can be physical, hormonal, chromosomal or genetic, and differs to what is generally expected of ‘males’ and ‘females’;
• (g) “political affiliation” means membership, close association or any outward support for a political party;
• (h) “HIV/AIDS status” means the status of a person with regards to the Human Immuno-deficiency Virus and Acquired Immune Deficiency. ^[3]

The law also criminalizes hate speech, meaning incitement to hatred based on a protected characteristic. ^[4]

Summary table

Same-sex sexual activity legal	(Since 2016)
Equal age of consent (15)	(Since 2016)
Anti-discrimination laws in employment	(Since 2006)
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)	(Since 2006)
Same-sex marriages
Recognition of same-sex couples
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
LGBT people allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

• LGBTQ portal

• Human rights in Africa
• LGBT rights in Africa

References

1. "The Penal Code, Seychelles" (PDF).
2. "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults", International Lesbian, Gay, Bisexual, Trans and Intersex Association, authored by Lucas Paoli Itaborahy, May 2012 Archived 17 October 2012 at the Wayback Machine ^{: page: 34}
3. ""Seychelles to Decriminalize Homosexuality, Other Countries Say No", care2, reported by Paul Canning, 5 October 2011". Archived from the original on 16 June 2016. Retrieved 25 December 2012.
4. "Seychelles' parliament to consider decriminalising homosexuality in 2016". www.seychellesnewsagency.com.
5. "The Seychelles will make gay sex legal". Gay Star News. Archived from the original on 27 March 2019. Retrieved 3 March 2016.
6. "Seychelles repeals colonial-era law banning gay sex". 18 May 2016.
7. "Act 11 of 2016 Penal Code (Amendment)" (PDF). Archived from the original (PDF) on 28 May 2019. Retrieved 8 September 2017.
8. "Penal Code (Amendment) Act, 2016 | Seychelles Legal Information Institute". seylii.org. Archived from the original on 28 May 2019. Retrieved 20 May 2020.
9. ""Gay Marriage Legalities Worldwide", Gay Wedding Destinations". Archived from the original on 27 August 2016. Retrieved 25 December 2012.
10. First same-sex union in Seychelles takes place at British high commissioner's residence Seychelles News Agency
11. "Employment Act, 1995" (PDF). Retrieved 28 December 2012.^{[ dead link ]}