(See Below for Case Law, Evidence of Public Attitudes, NGOs that Assist or Advocate on LGBTI issues, and Country of Origin LGBTI Specialists)
Male homosexuality is illegal in Seychelles, while female homosexuality is legally permissible. Article 151 of the Penal Code states:
Any person who-
a) has carnal knowledge of any person against the order of nature or
b) has carnal knowledge of an animal, or
c) permits a male person to have carnal knowledge of him or her against the order of nature,
is guilty of a felony, and is liable to imprisonment for fourteen years.
Article 152 of the Penal Code also stipulates a sentence of seven years of imprisonment for attempting to commit an act under Article 151. However, it is believed that the laws on sodomy are not enforced. Article 27 of the Constitution provides that ‘every person has a right to equal protection of the law including enjoyment of the rights and freedoms set out in this Charter without discrimination on any ground except as is necessary in a democratic society.’
No published cases have been found. We would be grateful if users of this website could refer us to any that they know of which involved LGBTI cases from the Seychelles.
PUBLIC ATTITUDES AND/OR STATE’S CAPACITY TO PROTECT
While homosexuality is not de jure legal, the general attitude of the public does not reflect the negative attitude generally associated with states where homosexuality is illegal. While the topic of homosexuality may be taboo, it is tolerated for the most part, and increasingly so. As long as the homosexuality is not too evident, people usually prefer to mind their own business. According to the US Department of State’s 2010 Human Rights Report, although the law does not specifically prohibit discrimination, there were nonetheless no reports of any discrimination based on sexual orientation in the Seychelles.
In the course of Seychelles’ 2011 Universal Periodic Review (UPR), the government promised to take action to recognize LGBTI rights. They maintain that Article 151 is intended to penalize the offence of sodomy as such and not homosexuality. It was held that the sodomy law, inherited from British colonialism, will be repealed ‘soon.’ Sandra Michel, a Secondary Secretary of the Ministry of Foreign Affairs of the Seychelles, announced that news laws outlawing discrimination on grounds of sexual orientation and gender identity will be implemented to better protect the LGBTI community (Seychelles to decriminalise homosexuality).
NON-GOVERNMENTAL ORGANIZATIONS (NGOs)
No NGOs were found that specifically focus on issues faced by the LGBTI community.
COUNTRY OF ORIGIN SPECIALISTS
No country of origin specialist was found that focuses specifically on LGBTI rights in the Seychelles.
Researched by: Rhiannon Archer