UPR Sexual Rights Database

National Report:
Para 24) There is currently on-going work to further review the ‘Children Act 1982’ and incorporate provisions of the United Nations ‘Convention on the Rights of the Child’. The Cabinet of ministers has approved the Ratification of the ‘Optional Protocol to the Convention on a Communications Procedure’ in 2020. It now awaits approval of the National Assembly, expected for tabling during the first half of 2021.
Para 113) The Government is in the process of considering the following human rights related instruments in order to determine Seychelles’ position towards signature and/or ratification: • OP-CRC-IC; …

Stakeholder Summary:
Para 2) … , the Seychelles Human Rights Commission (SHRC) noted that Seychelles had ratified all 9 core human rights treaties, but that Government action was still required regarding …, the OP-CRC-IC, …

National Report:
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 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.

National Report:
Para 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.

Para 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.

Stakeholder Summary:
Para 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.