New Seychelles penal code to include LGBTQ-inclusive hate crimes provisions

Lawmakers in the Seychelles on Wednesday approved a bill that will add an LGBTQ-inclusive hate crimes provision to the country’s penal code.

The National Assembly by an 18-8 vote margin approved the Penal Code (Amendment) Bill, 2024.

The hate crimes provision specifically includes sexual orientation, gender identity, and HIV/AIDS status, among other factors. The bill states anyone convicted of a hate crime based on the outlined characteristics could face a fine and/or up to two years in prison for the first conviction and a fine and/or up to three years in prison for any subsequent convictions.

“The inclusion of hate speech as an offense within the penal code (Cap. 158) provides for the intention to incite hatred towards a person or group of persons based on their protected characteristics, through various forms of communication or behavior, if the expression is perceived to be threatening, abusive or insulting,” said Attorney General Frank Ally in a July 1 letter that detailed the bill.

Human Dignity Trust, a London-based NGO, in a press release notes it has since 2020 “provided legal assistance” to Ally’s office “to draft the hate crime components of the bill.” The group also highlighted Mark Walters, a professor at the University of Sussex in England, “for his invaluable expertise and contribution to the drafting process.”

“The changes to the penal code will provide new and meaningful protections for people targeted simply because of who they are, and encourages marginalized communities to report crimes,” said Human Dignity Trust Chief Executive Téa Braun. “By enacting this law, the Seychelles has taken a strong stance against hate-motivated violence, ensuring that the most vulnerable members of society are protected.” 

South Africa is the only other African country that includes sexual orientation and gender identity in its hate crimes law.

Seychelles in 2016 decriminalized consensual same-sex sexual relations.