SEYCHELLES: CONSTITUTION INTERPRETED TO PROTECT HOMOSEXUAL

UNCLAS PORT LOUIS 000419 SENSITIVE SIPDIS DEPT FOR AF/FO; AF/RSA FOR LOUIS MAZEL, LAURA GRIESMER AND LEARNED DEES; AF/E FOR MARIA BEYZEROV E.O. 12958: N/A TAGS: PHUM PGOV SE SUBJECT: SEYCHELLES: CONSTITUTION INTERPRETED TO PROTECT HOMOSEXUAL RIGHTS REF: (A) STATE 130765 (B) A/S CARSON EMAIL OF 12/22/2009 ¶1. (SBU) The constitution of the Seychelles includes an anti-discrimination provision which is open-ended and is widely interpreted to include the rights of homosexuals. Homosexuality is not specifically mentioned in any legislation, but the act of sodomy is on the books and is criminalized. Despite being in conflict with the anti-discrimination provisions in the constitution, the legislation on sodomy has not been repealed, and there are currently no plans for its repeal. The Government of Seychelles (GOS) basically assumes acts of sodomy to be by mutual consent. If a case, however, should occur where mutual consent is denied and sexual assault could be established, then sodomy could be charged. There are no known cases in which the legislation has been used to criminalize homosexuality. ¶2. (SBU) The National Human Rights Commission of Seychelles and the Office of the Ombudsman have received no/no complaints pertaining to discrimination against homosexuals. Cultural stigma is not an overt problem. The younger generation is generally more tolerant of homosexuality than the older generation. ¶3. (SBU) There are no NGOs or informal networks specifically advocating the rights of the lesbian, gay, bisexual, and transsexual (LGBT) community; however, both the GOS and NGOs working on HIV/AIDS issues take homosexual concerns into consideration when formulating policies. WALKLEY