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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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 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

8. 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

9. 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

10. 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.

11. 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.

12. 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

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

14. 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)

15. 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..)

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

17. 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

18. 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

19. Comments & Questions?