LGBT 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-LGBT 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

[edit]

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

[edit]

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

[edit]

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.

## Summary table

[edit]

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

[edit]

* LGBT portal

* Human rights in Africa
* LGBT rights in Africa

## References

[edit]

1. ^ "The Penal Code, Seychelles" (PDF).
2. ^ a b "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]

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Seychelles articles

History|

* History of Seychelles
* Colonial governors
* 1977 coup d'état
* 1981 coup d'état attempt

Geography|

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LGBT rights in Africa

Sovereign states|

* Algeria
* Angola
* Benin
* Botswana
* Burkina Faso
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* Cameroon
* Cape Verde
* Central African Republic
* Chad
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* Ivory Coast
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* Malawi
* Mali
* Mauritania
* Mauritius
* Morocco
* Mozambique
* Namibia
* Niger
* Nigeria
* Rwanda
* São Tomé and Príncipe
* Senegal
* Seychelles
* Sierra Leone
* Somalia
* South Africa
* South Sudan
* Sudan
* Tanzania
* Togo
* Tunisia
* Uganda
* Zambia
* Zimbabwe

States with limited
recognition

* Sahrawi Arab Democratic Republic
* Somaliland

Dependencies and
other territories

* Canary Islands / Ceuta / Melilla (Spain)
* Madeira (Portugal)
* Mayotte / Réunion (France)
* Saint Helena / Ascension Island / Tristan da Cunha (United Kingdom)
* Western Sahara

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