Status of LGBTI+ people in Mauritius 08 – 10 April 2019 Promoting Lesbian, Gay, Bisexual, Transexual, Intersex, Queer and Asexual (LGBTI+) rights in SADC

Good laws The Equal Opportunities Act 2008 prohibits direct and indirect discrimination including on grounds of sexual orientation in accessing services, businesses, institutions, etc. The Employment Rights Act 2008 prohibits discrimination in recruitment and working conditions including on grounds of sexual orientation The Employment Relations Act 2008 prohibits sexual harassment including on grounds of sexual orientation

Bad laws Section 282 of the Criminal Code Act of 1838 does not include SOGIESC as grounds for hate crimes Section 250 of the Criminal Code Act of 1838 criminalises homosexuality The Civil Status Act 1982 is ambiguous. While the law has a gender neutral language through the use of “spouse”, in practice, there is no Marriage equality

Good Laws implementation The Equal Opportunities Commission under the Equal Opportunities Act 2008 does not act according to the law by tackling cases of discrimination based on sexual orientation There is no awareness on laws pertaining to employment that prevents unequal treatment and harassment towards homosexual, lesbian and bisexual people

Bad Laws implementation Perpetrators of hate crimes go unpunished In practice, the country does not recognize marriage equality and does not allow for registration of same-sex marriage People engaging in Sodomy are liable to imprisonment

What are you demanding Specific legal demands: Repeal Section 250 since it is unconstitutional Does it include same sex marriage? NO Does it include provisions on changing transgender identities? NO Does it include same sex couples adopting children? NO

What is the status of the campaign Two plaintiffs, an attorney-at-law and a law chambers have been identified to challenge the constitutionality of Section 250. There is no funding for the legal fees. Is there a draft legislation? NO If legislation has been submitted what stage is it at? N/A

Key Stakeholders - Legal Plaintiffs: Two gay-men in Mauritius (a well-known activist and a well-known artist) Law chambers: Bibi Law Chambers Attorney-at-law: JM Leclezio Note: The constitutional challenge cannot involve organisations since the country laws do not allow for it

Key Stakeholders – Organisational YQA: LGBT advocacy and support organisation CAEC: Organiser of Gay pride & advocacy Gender Links Mauritius: Gender experts KDZM: Child rights coalition PILS: Leading HIV organisation

Key Stakeholders – Government The constitutional challenge will be targeted against the State of Mauritius which will be represented by the Government through the Attorney General.

Coordination Are there any coordination structures in place? How does it work? There is a coalition of above-mentioned NGOs working on: Child Rights; Gender equality; and, LGBT rights.

Coordination Are there joint NGO/government consultative structures in place? How does it work? The Government has put in place the National Mechanism for Reporting and Follow-up (NMRF) as a follow-up of UN recommendations to consult and coordinate with Civil Society Organisations and which meets frequently. NOTE: Government has a preference for legislative change through class action with reference to Section 250

LGBTI+ and SRHR Where do LGBTI+ communities access SRHR services? NGOs Private healthcare Public healthcare

LGBTI+ and SRHR Are SRHR services available specifically for LGBTI+ communities? YQA and PILS have LGBTI+ specific targeted SRHR services The Ministry of Health and Quality of Life provide HIV-related services specific to Men who have Sex with Men (MSM) and Transgender people (TG)

Key SRHR Challenges Services? Criminalisation of homosexuality Discrimination and stigma in public healthcare Access to funding Access to SRHR materials (condoms, lubricants, HIV testing, dental dams, etc..)

Key SRHR Challenges Policies? Lack of involvement of LGBT oriented policies except in health sector Lack of understanding of LGBT identities, challenges and needs

LGBTI+ and SRHR campaigns What initiatives are in place to address the challenges? Peer education and outreach campaigns Training of public healthcare staffs to reduce stigma and discrimination LGBT stigma and discrimination toolkit (e.g. Mars dan mo pa) Social media outreach

LGBTI+ and SRHR campaigns How can others support? Providing financial/in-kind support to LGBT organisations in for SRHR outreach activities, materials and equipment Funding assistance to legal team to Repeal Section 250

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