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Cablegate: Seychelles: Constitution Interpreted to Protect Homosexual

VZCZCXRO8628
RR RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMA RUEHMR RUEHPA RUEHRN RUEHTRO
DE RUEHPL #0419 3641134
ZNR UUUUU ZZH
R 301134Z DEC 09 ZDK
FM AMEMBASSY PORT LOUIS
TO RUEHC/SECSTATE WASHDC 4901
INFO RUEHZO/AFRICAN UNION COLLECTIVE

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legislation on sodomy has not been repealed, and there are currently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

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