LGBTQ rights in Seychelles

{{Infobox LGBT rights

| location_header = Seychelles

| image = LocationSeychelles.png

| caption = Seychelles

| legal_status = Legal since 2016

| gender_identity_expression = No

| recognition_of_relationships = No

| recognition_of_relationships_restrictions =

| adoption = No

| military = No

| discrimination_protections = Sexual orientation protections in employment (see below)

}}

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Seychelles face legal challenges not experienced by non-LGBTQ 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 LGBTQ people. However, LGBTQ people may nonetheless face stigmatisation among the broader population.{{clarification|date=November 2023}}

Legality of same-sex sexual activity

Until June 2016, Section 151 of the Penal Code banned male same-sex intercourse with up to 14 years' imprisonment.{{Cite web|url=http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/91750/106559/F1673434511/SYC91750.pdf|title=The Penal Code, Seychelles}} Female same-sex sexual acts were not covered by Section 151 or any other criminal law of Seychelles.[http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2012.pdf "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] {{webarchive|url=https://web.archive.org/web/20121017205059/http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2012.pdf |date=17 October 2012 }} {{rp|page: 34}}

In October 2011, the Seychellois Government agreed to decriminalise same-sex sexual acts "pretty soon, as the Government and civil society want so".{{Cite web |url=http://www.care2.com/causes/seychelles-to-decriminalize-homosexuality-other-countries-say-no.html |title="Seychelles to Decriminalize Homosexuality, Other Countries Say No", care2, reported by Paul Canning, 5 October 2011 |access-date=25 December 2012 |archive-url=https://web.archive.org/web/20160616221419/http://www.care2.com/causes/seychelles-to-decriminalize-homosexuality-other-countries-say-no.html |archive-date=16 June 2016 |url-status=dead }} 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.{{Cite web|url=http://www.seychellesnewsagency.com/articles/4702/Seychelles%27+parliament+to+consider+decriminalising+homosexuality+in+|title=Seychelles' parliament to consider decriminalising homosexuality in 2016|website=seychellesnewsagency.com}}{{cite web|url=http://www.gaystarnews.com/article/seychelles-has-officially-legalized-homosexuality/|title=The Seychelles will make gay sex legal|work=Gay Star News|access-date=3 March 2016|archive-date=27 March 2019|archive-url=https://web.archive.org/web/20190327113541/https://www.gaystarnews.com/article/seychelles-has-officially-legalized-homosexuality/|url-status=dead}} The bill was approved on 18 May 2016, in a 14–0 vote.{{Cite web|url=https://www.pinknews.co.uk/2016/05/18/seychelles-repeals-colonial-era-law-banning-gay-sex/|title=Seychelles repeals colonial-era law banning gay sex|date=18 May 2016}} It was signed into law by President James Michel on 1 June, and took effect on 7 June 2016.{{Cite web|url=https://www.seylii.org/sc/sc/legislation/Act%2011%20of%202016%20Penal%20Code%20%28Amdt%29.PDF|title=Act 11 of 2016 Penal Code (Amendment)|access-date=8 September 2017|archive-date=28 May 2019|archive-url=https://web.archive.org/web/20190528213418/https://seylii.org/sc/sc/legislation/Act%2011%20of%202016%20Penal%20Code%20(Amdt).PDF|url-status=dead}}{{Cite web|url=https://seylii.org/sc/legislation/act/2016/11|title=Penal Code (Amendment) Act, 2016 | Seychelles Legal Information Institute|website=seylii.org|access-date=20 May 2020|archive-date=28 May 2019|archive-url=https://web.archive.org/web/20190528213145/https://seylii.org/sc/legislation/act/2016/11|url-status=dead}}

Recognition of same-sex relationships

Seychelles does not recognise same-sex marriage or same-sex civil unions.{{Cite web |url=http://www.gayweddingdestinations.com/information/gay-marriage-legalities-worldwide.aspx |title="Gay Marriage Legalities Worldwide", Gay Wedding Destinations |access-date=25 December 2012 |archive-url=https://web.archive.org/web/20160827010827/http://www.gayweddingdestinations.com/information/Gay-Marriage-Legalities-Worldwide.aspx |archive-date=27 August 2016 |url-status=dead }}

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.[http://www.seychellesnewsagency.com/articles/3128/First+same-sex+union+in+Seychelles+takes+place+at+British+high+commissioners+residence First same-sex union in Seychelles takes place at British high commissioner's residence] Seychelles News Agency

Discrimination protections

The Employment Act, 1995 ({{langx|fr|Loi de 1995 sur l'emploi}}) prohibits employment discrimination on the basis of sexual orientation. This prohibition was added to the act in 2006. The Act provides as follows:{{Cite web|url=https://staging.ilo.org/dyn/natlex/docs/ELECTRONIC/40108/90799/F1128259675/SYC40108.pdf|title=Employment Act, 1995|access-date=28 December 2012}}{{dead link|date=June 2022|bot=medic}}{{cbignore|bot=medic}}

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.

Hate Crimes

On 18 September 2024, the Seychelles Parliament passed the Penal Code (Amendment) Act, which adds enhanced sentencing for crimes motivated by hatred of a "protected characteristic." Protected characteristics are defined in the bill as:

(a) “race” includes colour, descent, ancestry, nationality, citizenship, ethnic or national origin;

(b) “religious belief” includes both religious belief or lack thereof;

(c) “disability” means physical or mental impairment of any kind;

(d) “sexual orientation” means an individual’s capacity, or lack thereof, for physical, romantic or emotion attraction to, and intimate and sexual relations with individuals of a different gender, the same gender or multiple genders;

(e) “gender identity” means a person’s internal and individual experience of gender, which may or may not correspond with the sex assigned at birth. This includes an individual’s personal sense of the body which may involve altering their bodily appearance or function through medical, surgical, or other means, as well as other expressions of gender including clothing, speech and mannerisms;

(f) “sex characteristics” means variations in the sex development of a person, which can be physical, hormonal, chromosomal or genetic, and differs to what is generally expected of ‘males’ and ‘females’;

(g) “political affiliation” means membership, close association or any outward support for a political party;

(h) “HIV/AIDS status” means the status of a person with regards to the Human Immuno-deficiency Virus and Acquired Immune Deficiency.

The law also criminalises hate speech, meaning incitement to hatred based on a protected characteristic.