LGBTQ rights in Mauritius | |
---|---|
Status | Legal since 2023 [1] |
Gender identity | No |
Discrimination protections | Sexual orientation protections by statute since 2008 and by constitution since 2023 |
Family rights | |
Recognition of relationships | No |
Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) rights in Mauritius have expanded in the 21st century, although LGBT Mauritians may still face legal difficulties not experienced by non-LGBTQ residents. Prior to 2023, sodomy (opposite-sex and same-sex anal and oral sex) was criminalized by Section 250 of the Criminal Code. However, Mauritius fully decriminalized homosexuality in October 2023. [1] Although same-sex marriage is not recognized in Mauritius, LGBT people are broadly protected from discrimination in areas such as employment and the provision of goods and services, making it one of the few African countries to have such protections for LGBT people. The Constitution of Mauritius guarantees the right of individuals to a private life. [2]
Mauritius is one of the 96 countries to have signed the "Joint Statement on Ending Acts of Violence Related Human Rights Violations Based on Sexual Orientation and Gender Identity" at the United Nations, condemning violence and discrimination against LGBT people. [3] Furthermore, in recent years, there has been a growing acceptance towards LGBT people among Mauritius' population, particularly the younger generation, with polls indicating that it is one of Africa's most LGBT-friendly countries. [4] Nevertheless, conservative attitudes about LGBT people are still commonplace. [5] [ clarification needed ]
Consensual sodomy was decriminalized by the Supreme Court of Mauritius in a decision dated 4 October 2023, which found that the criminal code provision banning sodomy was unconstitutional. Same-sex intercourse between women was never illegal.
Previously, Section 250(1) of the Mauritius Criminal Code of 1838 held that "Any person who is guilty of the crime of sodomy ... shall be liable to penal servitude for a term not exceeding 5 years." [6] Under the Supreme Court's 2023 judgement, the section should "re read so as to exclude such consensual acts from [its] ambit." [7]
In 2007, the Law Reform Commission recommended that sodomy be decriminalised and that Section 250 be repealed. [4] Former Attorney General Rama Valayden sought to pass a bill, which would have decriminalised consensual same-sex sexual relationships, but the bill did not go through. [4] Prosecutions under the law are rare. In 2015, however, a same-sex couple was arrested on the suspicion they were practising sodomy, [5] and the law contributes to a general atmosphere of homophobia.
In 2017, the Mauritius Government said it would not repeal Section 250, stating that it would address the issue after further consideration. [8] In October 2019, Abdool Ridwan Firaas Ah Seek, a 29-year-old LGBT rights activist, filed a case against Section 250 at the Supreme Court with the support of Collectif Arc-En-Ciel, the oldest LGBT NGO in the country. [9] [10] The plaintiff is represented by a legal team composed of Mr Gavin Glover SC and Ms Yanilla Moonshiram, barristers-at-law, and Ms Komadhi Mardemootoo, attorney-at-law. A first hearing occurred in November 2019. [11] [12] Director Aschwin Ramenah of the Collectif Arc-En-Ciel has said:
Section 250 is like the sword of Damocles hanging over the lives of LGBT Mauritians. The time has come to repeal this discriminatory law that unfairly targets members of our society simply because of who they love. ... The way in which adults lead their lives in close, consensual relationships in the privacy of their own homes should never be a matter for state interference. Archaic laws like Section 250 have no place in our modern and democratic society. [11]
In October 2019, another group of young Mauritians also filed a constitutional challenge on the basis that Section 250 "violates their fundamental rights and freedom". [13] [14] These plaintiffs are represented by Dentons (Mauritius) LLP and the Franco-Mauritian Law Chambers LCMB et Associés, and supported by the Young Queer Alliance and the Love Honor Cherish Foundation. A first hearing occurred on 21 November 2019, with a second on 18 February 2020. [15] [16] The defendants are Attorney General Maneesh Gobin, the Director of Public Prosecutions and the Commissioner of Police. On 12 June 2020, the plaintiffs were granted leave to apply to the Supreme Court for constitutional redress. The defendants withdrew their objection to the leave application. [17]
Mauritius does not recognise same-sex marriage or civil unions.
In 2016, the Law Reform Commission was looking into a case to legalise same-sex marriage. [4]
According to a 2006 report, adoptive parents may be either single or married. LGBT persons are not specifically disqualified. [18] According to the diplomatic website of the French Ministry of Foreign Affairs, single and married people are eligible to adopt children. It does not specify whether LGBT people are disqualified. [19]
The 2023 Supreme Court decision decriminalizing sodomy held that the constitutional prohibition on discrimination based on "sex" was also inclusive of "sexual orientation."
The Equal Opportunities Act 2008 (French : Loi de 2008 sur l'égalité des chances) prohibits both direct and indirect discrimination based on sexual orientation in employment, education, accommodation, disposal of immovable property, provision of goods and services, companies and partnerships, registered associations and clubs, sports and access to premises, with "sexual orientation" being defined to mean "homosexuality (including lesbianism), bisexuality or heterosexuality". [20] The act does not currently protect transgender people. [21] : 194
Sexual orientation discrimination in employment is also prohibited under the Workers' Rights Act [22] and the Employment Relations Act. [23]
Currently, transgender people are not allowed to legally change their gender marker on official documents, such as passports, birth certificates and IDs.
Several reports about the lives of local transgender women have shown a growing acceptance of transgender people in Mauritian society, although prejudice still exists. [24]
In 2014, the Ministry of Health amended blood donation policy to allow men who have sex with men to donate blood. [4] [25] Anecdotally, LGBTQI persons have been prevented from donating blood on occasion. [25]
Mauritius is considered to be one of Africa's most LGBT-friendly countries, though LGBT people still face discrimination due to conservatives attitudes among the population. [4] LGBT people may face discrimination, notably in public hospitals and bullying in schools. [5]
AfriGay has reported that "whilst 'gay life' remains fairly quiet, mainly existing on the internet, in private and at the occasional party, the resorts are welcoming and non-discriminatory to all. For LGBT travelers there's little to worry about. No problems arising from LGBT couples sharing rooms during their holidays have been recorded." [26]
Some politicians who have shown support for LGBT rights include former attorneys general Rama Valayden and Ravi Yerigadoo, former prime ministers Navin Ramgoolam and Paul Bérenger, MPs Joanna Bérenger and Tania Diolle, and former Minister of Public Service, Administrative and Institutional Reforms Alain Wong.
The Opposition already strongly supports the rights of homosexuals as human rights. [27]
Let us be clear. Everybody is equal. No-one has more rights than others and there should not citizens of first or second category. Therefore, we should all join hands and work together to ensure that there is no discrimination against anyone. Gender, sexual orientation, color, creed, social status and even handicaps should not be an obstacle.
— Hon. Alain Wong, then Minister of Public Service, Administrative and Institutional Reforms [4]
In Mauritius, there are four organisations that work for the rights of the LGBT community: Collectif Arc-En-Ciel, Young Queer Alliance, Association VISA G and PILS. [28]
Founded in 2005, Collectif Arc-En-Ciel ("Rainbow Collective") is the pioneer and main organisation for the LGBT community in Mauritius. [29] The group organised the first Pride in Mauritius and has been doing so for the last fifteen years, gathering more than 1,200 participants in 2016. The organisation also fights against homophobia and discrimination based on sexual orientation and gender identity through numerous other campaigns. In 2016, the organisation moved the Pride march from a small town, Rose-Hill, to Port Louis, the capital. In 2018, religious extremists held a violent counter-march, and a strong police force was deployed to provide protection to the Pride marchers. [5]
Founded on 1 September 2014, Young Queer Alliance is an organisation for the young LGBT community in Mauritius. [30] The Young Queer Alliance engages in support, advocacy and campaigns against discrimination. [28] Association VISA G is an organisation mainly for transgender individuals. [26]
Founded in 1996, PILS (Prévention Information Lutte contre le Sida) is a centre for individuals with HIV/AIDS in the country, and also a place for the prevention and education of people living with HIV/AIDS. [28]
In 2014, Moments.mu became the first travel agency in Mauritius to dedicate their services to the LGBT community.
In June 2018, the Pride march organised by Collectif Arc-En-Ciel was annulled because of hundreds of death threats believed to originate from religious extremists. In addition, a counter-protest against LGBT rights was organised by Javed Meetoo, a known Islamic extremist already under surveillance according to Mauritian authorities. Many important religious figures on the island, including Cardinal Maurice Piat, firmly condemned the protest against LGBT rights and called for respect and tolerance for all. An LGBT sit-in took place a few days later at the Caudan Waterfront in the capital, with the support of Prime Minister Pravind Jugnauth. [31]
A 2016 poll found that 49% of Mauritians would like or not mind having an LGBT neighbor. [32]
Same-sex sexual activity legal | (Since 2023) |
Equal age of consent (16) | (Since 2023) |
Anti-discrimination laws in employment only | (Since 2008 by statute and constitutionally since 2023; sexual orientation only) |
Anti-discrimination laws in the provision of goods and services | (Since 2008 by statute and constitutionally since 2023; sexual orientation only) |
Anti-discrimination laws in all other areas (incl. indirect discrimination) | (Since 2008 by statute and constitutionally since 2023; sexual orientation only) |
Same-sex marriages | [4] |
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 | Has no military [lower-alpha 1] |
Conversion therapy banned | |
Right to change legal gender | |
Access to IVF for lesbian couples | |
Commercial surrogacy for gay male couples | |
MSMs allowed to donate blood | / (Generally since 2014 but discrimination occurs) [25] |
This is a list of notable events in the history of LGBT rights that took place in the year 1972.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Democratic Republic of the Congo (DRC) face discrimination and legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal for both males and females in the Democratic Republic of the Congo, although LGBT individuals may still be targeted for prosecution under public indecency provisions on occasion.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in the Islamic Emirate of Afghanistan face severe challenges not experienced by non-LGBT residents. Afghan members of the LGBT community are forced to keep their gender identity and sexual orientation secret, in fear of violence and the death penalty. The religious nature of the country has limited any opportunity for public discussion, with any mention of homosexuality and related terms deemed taboo.
Lesbian, gay, bisexual, and transgender (LGBT) people in Botswana face legal issues not experienced by non-LGBTQ citizens. Both female and male same-sex sexual acts have been legal in Botswana since 11 June 2019 after a unanimous ruling by the High Court of Botswana. Despite an appeal by the government, the ruling was upheld by the Botswana Court of Appeal on 29 November 2021.
Lesbian, gay, bisexual, and transgender (LGBT) people in Sri Lanka face significant challenges not experienced by non-LGBT residents.
Lesbian, gay, bisexual, and transgender (LGBT) people in Somalia face severe challenges not experienced by non-LGBTQ residents. Consensual same-sex sexual activity is illegal for both men and women. In areas controlled by al-Shabab, and in Jubaland, capital punishment is imposed for such sexual activity. In other areas, where Sharia does not apply, the civil law code specifies prison sentences of up to three years as penalty. LGBT people are regularly prosecuted by the government and additionally face stigmatization among the broader population. Stigmatization and criminalisation of homosexuality in Somalia occur in a legal and cultural context where 99% of the population follow Islam as their religion, while the country has had an unstable government and has been subjected to a civil war for decades.
Lesbian, gay, bisexual, and transgender (LGBT) people in Eswatini have limited legal rights. According to Rock of Hope, a Swati LGBT advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBT people] cannot be open about their orientation or gender identity for fear of rejection and discrimination." Homosexuality is illegal in Eswatini, though this law is in practice unenforced. According to the 2021 Human Rights Practices Report from the US Department of State, "there has never been an arrest or prosecution for consensual same-sex conduct."
Lesbian, gay, bisexual, and transgender (LGBT) rights in Namibia have expanded in recent years, although LGBT people still have limited legal protections. Namibia's colonial-era laws criminalising male homosexuality were historically unenforced, and were overturned by the country's High Court in 2024.
National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others is a decision of the Constitutional Court of South Africa which struck down the laws prohibiting consensual sexual activities between men. Basing its decision on the Bill of Rights in the Constitution – and in particular its explicit prohibition of discrimination based on sexual orientation – the court unanimously ruled that the crime of sodomy, as well as various other related provisions of the criminal law, were unconstitutional and therefore invalid.
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood and defined by many courts and jurisdictions to include any or all forms of sexual acts that are illegal, illicit, unlawful, unnatural and immoral. Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite sex, and have mostly been used to target against sexual activities between individuals of the same sex.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Antigua and Barbuda may face legal challenges not experienced by non-LGBTQ citizens.
Lesbian, gay, bisexual, and transgender (LGBT) people in Lesotho face legal challenges not experienced by non-LGBTQ residents. Lesotho does not recognise same-sex marriages or civil unions, nor does it ban discrimination on the basis of sexual orientation or gender identity.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Hawaii enjoy the same rights as non-LGBTQ people. Same-sex sexual activity has been legal since 1973; Hawaii being one of the first six states to legalize it. In 1993, a ruling by the Hawaiʻi Supreme Court made Hawaii the first state to consider legalizing same-sex marriage. Following the approval of the Hawaii Marriage Equality Act in November 2013, same-sex couples have been allowed to marry on the islands. Additionally, Hawaii law prohibits discrimination on the basis of both sexual orientation and gender identity, and the use of conversion therapy on minors has been banned since July 2018. Gay and lesbian couples enjoy the same rights, benefits and treatment as opposite-sex couples, including the right to marry and adopt.
Lesbian, gay, bisexual, and transgender (LGBT) people in Tonga face legal challenges not experienced by non-LGBT residents. Male homosexuality is illegal in Tonga, with a maximum penalty of 10 years imprisonment, but the law is not enforced.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Indiana have been shaped by both state and federal law. These evolved from harsh penalties established early in the state's history to the decriminalization of same-sex activity in 1977 and the legalization of same-sex marriage in 2014. Indiana was subject to an April 2017 federal court ruling that discrimination based on sexual orientation is tantamount to discrimination on account of "sex", as defined by the Civil Rights Act of 1964. The ruling establishes sexual orientation as a protected characteristic in the workplace, forbidding unfair discrimination, although Indiana state statutes do not include sexual orientation or gender identity among its categories of discrimination.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of New Mexico enjoy the same rights as non-LGBTQ people. New Mexico has seen prominent advances in gay and lesbian rights in recent decades. Same-sex sexual activity has been legal since 1975. Same-sex marriage is legal statewide in New Mexico, as is adoption and access to fertility treatments for lesbian couples. Same-sex couples have had the same rights as heterosexual married couples since 2013. Discrimination on the basis of sexual orientation and gender identity is banned statewide in the areas of employment, housing and public accommodations. Additionally, conversion therapy on minors is prohibited in the state.
This article gives a broad overview of lesbian, gay, bisexual and transgender (LGBT) history in Canada. LGBT activity was considered a crime from the colonial period in Canada until 1969, when Bill C-150 was passed into law. However, there is still discrimination despite anti-discrimination law. For a more detailed listing of individual incidents in Canadian LGBT history, see also Timeline of LGBT history in Canada.
Equal Ground is a non-profit advocacy organization based in Colombo, Sri Lanka, that campaigns for political, social and civilian rights for lesbian, gay, bisexual, transgender (LGBT), intersex and queer individuals. The organization, established in 2004, is one of the first organization in Sri Lanka welcoming and advocating equality for people of all sexual orientations and gender identities.
The following outline offers an overview and guide to LGBTQ topics:
Human rights in Mauritius has been cited in recent years for its good track record. A 2018 European Union report identified it as the top-ranking African country in terms of governance and for its record in the protection and respect for human rights. Human rights issues, however, still persist and these include gender-based violence, domestic violence, and the lack of protection of children and members of the LGBTQ community. There are also incidents of abuses perpetrated by the government such as unlawful arrest, invasion of privacy, censorship, and violence, among others.
Following a complaint...the Ministry of Health and Quality of Life...the ministry amended its policy and website in 2013 to indicate individuals who have had same-sex sexual activity could donate blood.