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LGBTQ rights in Mauritius

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LGBTQ rights in Mauritius
Mauritius
StatusLegal since 2023[1]
Gender identityNo
Discrimination protectionsSexual orientation protections by statute since 2008 and by constitution since 2023
Family rights
Recognition of relationshipsNo
AdoptionNo

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Mauritius have expanded in the 21st century, although LGBTQ Mauritians may still face legal difficulties not experienced by non-LGBTQ residents. Prior to 2023, sodomy (opposite-sex and same-sex anal and oral sex) was criminalized by Section 250 of the Criminal Code. However, Mauritius fully decriminalized homosexuality in October 2023.[1] Although same-sex marriage is not recognized in Mauritius, LGBTQ people are broadly protected from discrimination in areas such as employment and the provision of goods and services, making it one of the few African countries to have such protections for LGBTQ people. The Constitution of Mauritius guarantees the right of individuals to a private life.[2]

Mauritius is one of the 96 countries to have signed the "Joint Statement on Ending Acts of Violence Related Human Rights Violations Based on Sexual Orientation and Gender Identity" at the United Nations, condemning violence and discrimination against LGBTQ people.[3] Furthermore, in recent years, there has been a growing acceptance towards LGBTQ people among Mauritius' population, particularly the younger generation, with polls indicating that it is one of Africa's most LGBT-friendly countries.[4] Nevertheless, conservative attitudes about LGBTQ people are still commonplace.[5][clarification needed]

Legality of same-sex sexual activity

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Consensual sodomy was decriminalized by the Supreme Court of Mauritius in a decision dated 4 October 2023, which found that the criminal code provision banning sodomy was unconstitutional. Same-sex intercourse between women was never illegal.

Previously, Section 250(1) of the Mauritius Criminal Code of 1838 held that "Any person who is guilty of the crime of sodomy ... shall be liable to penal servitude for a term not exceeding 5 years."[6] Under the Supreme Court's 2023 judgement, the section should "re read so as to exclude such consensual acts from [its] ambit."[7]

In 2007, the Law Reform Commission recommended that sodomy be decriminalised and that Section 250 be repealed.[4] Former Attorney General Rama Valayden sought to pass a bill, which would have decriminalised consensual same-sex sexual relationships, but the bill did not go through.[4] Prosecutions under the law are rare. In 2015, however, a same-sex couple was arrested on the suspicion they were practising sodomy,[5] and the law contributes to a general atmosphere of homophobia.

In 2017, the Mauritius Government said it would not repeal Section 250, stating that it would address the issue after further consideration.[8] In October 2019, Abdool Ridwan Firaas Ah Seek, a 29-year-old LGBTQ rights activist, filed a case against Section 250 at the Supreme Court with the support of Collectif Arc-En-Ciel, the oldest LGBTQ NGO in the country.[9][10] The plaintiff is represented by a legal team composed of Mr Gavin Glover SC and Ms Yanilla Moonshiram, barristers-at-law, and Ms Komadhi Mardemootoo, attorney-at-law. A first hearing occurred in November 2019.[11][12] Director Aschwin Ramenah of the Collectif Arc-En-Ciel has said:

Section 250 is like the sword of Damocles hanging over the lives of LGBT Mauritians. The time has come to repeal this discriminatory law that unfairly targets members of our society simply because of who they love. ... The way in which adults lead their lives in close, consensual relationships in the privacy of their own homes should never be a matter for state interference. Archaic laws like Section 250 have no place in our modern and democratic society.[11]

In October 2019, another group of young Mauritians also filed a constitutional challenge on the basis that Section 250 "violates their fundamental rights and freedom".[13][14] These plaintiffs are represented by Dentons (Mauritius) LLP and the Franco-Mauritian Law Chambers LCMB et Associés, and supported by the Young Queer Alliance and the Love Honor Cherish Foundation. A first hearing occurred on 21 November 2019, with a second on 18 February 2020.[15][16] The defendants are Attorney General Maneesh Gobin, the Director of Public Prosecutions and the Commissioner of Police. On 12 June 2020, the plaintiffs were granted leave to apply to the Supreme Court for constitutional redress. The defendants withdrew their objection to the leave application.[17]

Recognition of same-sex relationships

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Main article: Recognition of same-sex unions in Mauritius

Mauritius does not recognise same-sex marriage or civil unions.

In 2016, the Law Reform Commission was looking into a case to legalise same-sex marriage.[4]

Adoption and family planning

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According to a 2006 report, adoptive parents may be either single or married. LGBTQ persons are not specifically disqualified.[18] According to the diplomatic website of the French Ministry of Foreign Affairs, single and married people are eligible to adopt children. It does not specify whether LGBTQ people are disqualified.[19]

Discrimination protections

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The 2023 Supreme Court decision decriminalizing sodomy held that the constitutional prohibition on discrimination based on "sex" was also inclusive of "sexual orientation."

The Equal Opportunities Act 2008 (French: Loi de 2008 sur l'égalité des chances) prohibits both direct and indirect discrimination based on sexual orientation in employment, education, accommodation, disposal of immovable property, provision of goods and services, companies and partnerships, registered associations and clubs, sports and access to premises, with "sexual orientation" being defined to mean "homosexuality (including lesbianism), bisexuality or heterosexuality".[20] The act does not currently protect transgender people.[21]: 194 

Sexual orientation discrimination in employment is also prohibited under the Workers' Rights Act[22] and the Employment Relations Act.[23]

Transgender rights

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Currently, transgender people are not allowed to legally change their gender marker on official documents, such as passports, birth certificates and IDs.

Several reports about the lives of local transgender women have shown a growing acceptance of transgender people in Mauritian society, although prejudice still exists.[24]

Blood donation

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In 2014, the Ministry of Health amended blood donation policy to allow men who have sex with men to donate blood.[4][25] Anecdotally, LGBTQI persons have been prevented from donating blood on occasion.[25]

Living conditions

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Mauritius is considered to be one of Africa's most LGBT-friendly countries, though LGBTQ people still face discrimination due to conservatives attitudes among the population.[4] LGBTQ people may face discrimination, notably in public hospitals and bullying in schools.[5]

AfriGay has reported that "whilst 'gay life' remains fairly quiet, mainly existing on the internet, in private and at the occasional party, the resorts are welcoming and non-discriminatory to all. For LGBTQ travelers there's little to worry about. No problems arising from LGBTQ couples sharing rooms during their holidays have been recorded."[26]

Politics

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Some politicians who have shown support for LGBTQ rights include former attorneys general Rama Valayden and Ravi Yerigadoo, former prime ministers Navin Ramgoolam and Paul Bérenger, MPs Joanna Bérenger and Tania Diolle, and former Minister of Public Service, Administrative and Institutional Reforms Alain Wong.

The Opposition already strongly supports the rights of homosexuals as human rights.[27]

— Hon. Paul Bérenger, former Prime Minister and then Leader of the Opposition[4]

Let us be clear. Everybody is equal. No-one has more rights than others and there should not citizens of first or second category. Therefore, we should all join hands and work together to ensure that there is no discrimination against anyone. Gender, sexual orientation, color, creed, social status and even handicaps should not be an obstacle.

— Hon. Alain Wong, then Minister of Public Service, Administrative and Institutional Reforms[4]

LGBTQ rights organisations

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In Mauritius, there are four organisations that work for the rights of the LGBTQ community: Collectif Arc-En-Ciel, Young Queer Alliance, Association VISA G and PILS.[28]

Founded in 2005, Collectif Arc-En-Ciel ("Rainbow Collective") is the pioneer and main organisation for the LGBTQ community in Mauritius.[29] The group organised the first Pride in Mauritius and has been doing so for the last fifteen years, gathering more than 1,200 participants in 2016. The organisation also fights against homophobia and discrimination based on sexual orientation and gender identity through numerous other campaigns. In 2016, the organisation moved the Pride march from a small town, Rose-Hill, to Port Louis, the capital. In 2018, religious extremists held a violent counter-march, and a strong police force was deployed to provide protection to the Pride marchers.[5]

Founded on 1 September 2014, Young Queer Alliance is an organisation for the young LGBTQ community in Mauritius.[30] The Young Queer Alliance engages in support, advocacy and campaigns against discrimination.[28] Association VISA G is an organisation mainly for transgender individuals.[26]

Founded in 1996, PILS (Prévention Information Lutte contre le Sida) is a centre for individuals with HIV/AIDS in the country, and also a place for the prevention and education of people living with HIV/AIDS.[28]

In 2014, Moments.mu became the first travel agency in Mauritius to dedicate their services to the LGBTQ community.

In June 2018, the Pride march organised by Collectif Arc-En-Ciel was annulled because of hundreds of death threats believed to originate from religious extremists. In addition, a counter-protest against LGBTQ rights was organised by Javed Meetoo, a known Islamic extremist already under surveillance according to Mauritian authorities. Many important religious figures on the island, including Cardinal Maurice Piat, firmly condemned the protest against LGBTQ rights and called for respect and tolerance for all. An LGBTQ sit-in took place a few days later at the Caudan Waterfront in the capital, with the support of Prime Minister Pravind Jugnauth.[31]

Public opinion

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A 2016 poll found that 49% of Mauritians would like or not mind having an LGBTQ neighbor.[32]

Summary table

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Same-sex sexual activity legal Yes (Since 2023)
Equal age of consent (16) Yes (Since 2023)
Anti-discrimination laws in employment only Yes (Since 2008 by statute and constitutionally since 2023; sexual orientation only)
Anti-discrimination laws in the provision of goods and services Yes (Since 2008 by statute and constitutionally since 2023; sexual orientation only)
Anti-discrimination laws in all other areas (incl. indirect discrimination) Yes (Since 2008 by statute and constitutionally since 2023; sexual orientation only)
Same-sex marriages No[4]
Recognition of same-sex couples No
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
LGBTQ people allowed to serve openly in the military Has no military[a]
Conversion therapy banned Unclear
Right to change legal gender No
Access to IVF for lesbian couples No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood Yes/No (Generally since 2014 but discrimination occurs)[25]

See also

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Notes

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  1. ^ Mauritius has no official standing army. Instead, they have 10,000 active duty personnel under the command of the Commissioner of Police. The 8,000-member National Police Force is responsible for domestic law enforcement. There is also a 1,500-member Special Mobile Force, and a 500-member National Coast Guard, which are both considered paramilitary units. Both units are equipped with small arms.[33]

References

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  1. ^ a b "Mauritius Supreme Court rules law targeting LGBT people is unconstitutional". Human Dignity Trust. Retrieved 4 October 2023.
  2. ^ The Constitution [dead link‍]
  3. ^ "Over 80 Nations Support Statement at Human Rights Council on LGBT Rights » US Mission Geneva". Geneva.usmission.gov. 22 March 2011.
  4. ^ a b c d e f g h i YQA staff (3 March 2016). "Afrobarometer report shows that homophobia is not African even if homophobia remains widespread in Africa". Young Queer Alliance.
  5. ^ a b c d "No paradise for Mauritian queers | City Press".
  6. ^ "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 and Jingshu Zhu, May 2013, p. 51 Archived 17 July 2013 at the Wayback Machine
  7. ^ "Abdool Ridwan Firaas Ah Seek v. The State of Mauritius" (PDF). Human Dignity Trust. 4 October 2023.
  8. ^ "Human Rights Committee Considers the Report of Mauritius". Archived from the original on 27 February 2019. Retrieved 4 March 2018.
  9. ^ "Plainte pour incontitutionnalité de l'article 250 - Communiqué de presse - 25.10.19". Collectif Arc-En-Ciel (in French). 25 October 2019. Archived from the original on 15 March 2022. Retrieved 27 July 2020.
  10. ^ "Contestation d'une loi visant la communauté gay-Abdool Ridwan Firaas Ah Seek: «L'Article 250 concerne tout le monde, pas que les personnes de la communauté LGBT»". 5plus.mu (in French).
  11. ^ a b "The first hearing in the case challenging the constitutionality of Section 250 - Press release". Collectif Arc-En-Ciel (in French). 2 December 2019. Archived from the original on 5 January 2022. Retrieved 27 July 2020.
  12. ^ Kelleher, Patrick (3 December 2019). "Activists are moving to decriminalise homosexuality in Mauritius". PinkNews.
  13. ^ "Mauritius activists seek to overturn anti-gay law". Erasing 76 Crimes. 18 September 2019.
  14. ^ "Cour suprême : quatre jeunes homosexuels mauriciens contestent l'article 250 du code criminel". Defimedia.info (in French). 17 September 2019.
  15. ^ "Activist seeks to overturn anti-gay law of African island Mauritius". Erasing 76 Crimes. 4 December 2019.
  16. ^ "Tropical island of Mauritius could be next country to make gay sex legal". Gay Star News. 5 December 2019. Archived from the original on 16 December 2019. Retrieved 7 December 2019.
  17. ^ "Code pénal : La communauté LGBT obtient l'autorisation pour une plainte constitutionnelle". Le Mauricien (in French). 17 June 2020.
  18. ^ ""Intercountry Adoption: Mauritius", Passports USA, April 2006". Archived from the original on 2 April 2018. Retrieved 25 December 2012.
  19. ^ "Fiches pays Adoption: Maurice". France Diplomatie : : Ministère de l'Europe et des Affaires étrangères.
  20. ^ "Equal Opportunities Act 2008, International Labor Organization" (PDF).
  21. ^ ILGA World; Lucas Ramon Mendos; Kellyn Botha; Rafael Carrano Lelis; Enrique López de la Peña; Ilia Savelev; Daron Tan (14 December 2020). State-Sponsored Homophobia report (PDF) (Report) (2020 global legislation overview update ed.). Geneva: ILGA. Archived from the original (PDF) on 15 December 2020.
  22. ^ "The Workers' Rights Act 2019 and Regulations". labour.govmu.org. Retrieved 4 October 2023.
  23. ^ "Employment Relations Act" (PDF).
  24. ^ Savripène Marie-Annick (26 March 2017). "Anäis Jonson: dans la peau d'une trans". La Sentinelle (in French).
  25. ^ a b c United States Department of State. "2016 Country Reports on Human Rights Practices: Mauritius". Retrieved 18 June 2022. Following a complaint...the Ministry of Health and Quality of Life...the ministry amended its policy and website in 2013 to indicate individuals who have had same-sex sexual activity could donate blood.
  26. ^ a b "LGBTQ+ Mauritius". afrigay.co.za. Archived from the original on 11 July 2020. Retrieved 19 September 2019.
  27. ^ "Oral answers to questions, United Nations Human Rights Council Resolution - Homosexuals - Rights" (PDF). mauritiusassembly.govmu.org. 28 June 2011.
  28. ^ a b c "LGBT Mauritius". Archived from the original on 10 June 2019. Retrieved 6 March 2015.
  29. ^ "Qui sommes-nous?". Collectif Arc-En-Ciel (in French). Archived from the original on 5 January 2022. Retrieved 6 August 2020.
  30. ^ "Young Queer Alliance - NGO for young LGBT in Mauritius". www.youngqueeralliance.com.
  31. ^ Shannon Power (7 June 2018). "Pride leader got hundreds of death threats in just one day in Mauritius". Gay Star News. Archived from the original on 8 September 2018. Retrieved 10 June 2018.
  32. ^ "What are the best and worst countries to be gay in Africa?". 1 March 2016. Archived from the original on 7 December 2018. Retrieved 29 July 2017.
  33. ^ "Background Note: Mauritius". United States Department of State. Retrieved 27 February 2008.
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