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SEYCHELLES

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Discrimination Legislation/Cases/References
1.

National

In October 2011, the government reportedly would legislate to prohibit discrimination based on sexual orientation or gender identity [R1.2].

Section 46A of the Employment Act 2006, makes discrimination in employment based on age, gender, race, colour, nationality, language, religion, disability, HIV status, sexual orientation or political, trade union or other association unlawful [R1.1].

R1.2 Care2: Seychelles to Decriminalize Homosexuality, Other Countries Say No 05 OCT 11
R1.1 International Labour Organization: Employment Act 1995 PDF 200.48kb (Accessed 06 OCT 11)
ILGA: State-sponsored Homophobia PDF 380.51kb, MAY 11
Homosexuality, Sodomy Legislation/Cases/References
1.

National

On 18 May 2016, it was reported that the National Assembly had passed (14 out of 28 members present voted in favour, the remainder abstained) the Penal Code (Amendment) Bill 2016, amending Section 151 of the penal code to decriminalize the act of sodomy. The amendment will come into force on the day it is gazetted as an act by the Attorney Generalís Office. For this to happen the bill needs to be assented by the president and sent back to the National Assembly [R1.4].

Previously:

Consensual sex between same-sex (quaere: male only) couples is unlawful [R1.3]


Criminal Code of 1955 – Section 151.

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.


On 29 February 2016, the Cabinet approved legislation that will strip the ban on homosexuality from the Penal Code. The legislation is expected to become law by the end of 2016 [R1.2].

In October 2011, the government reportedly had agreed to decriminalize homosexuality as part of the country's feedback to the United Nations Human Rights Council Universal Periodic Review process [R1.1].

R1.4 SeychellesNewsAgency: Seychelles parliament passes bill to decriminalize sodomy 18 MAY 16
R1.3 ILGA: State-sponsored Homophobia PDF 380.51kb, MAY 11
R1.2 GayStarNews: The Seychelles will make gay sex legal 02 MAR 16
R1.1 Care2: Seychelles to Decriminalize Homosexuality, Other Countries Say No 05 OCT 11

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