AVÊÓƵ

• Sussex academic helps draft new hate crime legislation for the Seychelles 
  
  
• Country becomes just the second African nation, after South Africa, to adopt law against all forms of anti-LGBTQ+ crime 
  
  
• Second time expert has been asked to support international governments in developing hate crime legislation 
   

A leading authority on hate crime law from the AVÊÓƵ has played a crucial role in drafting landmark legislation for the Seychelles government that will help protect the rights of its LGBTQ+ citizens.

The Penal Code (Amendment) Bill, passed by the Seychelles National Assembly on 18 September marks the first time in the nation’s history that a law has been passed to protect its citizens from crimes that demonstrate prejudice or identity-based hate. 

The move to introduce hate crime legislation in the Seychelles was driven by growing concern in the region about increasing instances of discrimination and violence targeting minority groups, particularly the LGBTQ+ community, as well as racial and religious minorities.

Professor Mark Walters, an expert in hate crime law and co-founder of the International Network for Hate Studies at the AVÊÓƵ, worked alongside the international human rights charity the Human Dignity Trust and the civil society organisation LGBTI Sey to provide expert guidance on the legislation.  

His contribution, focused on developing ways to combat hate-motivated violence, particularly against marginalised groups. The law was passed by a majority vote of 18 to 8. 

However, the passage of the hate crime law was not without difficulty, with some resistance from areas who view certain aspects of the law—especially those protecting LGBTQ+ individuals—as conflicting with cultural and moral values. There was also political hesitation, as some feared that such laws could be seen as curbing free speech.

Although Seychelles has a relatively small but visible LGBTQ+ community, social acceptance remains limited, and LGBTQ+ individuals often face discrimination. The hate crime law is expected to offer greater protection for this community, discouraging acts of violence and providing a legal framework to address bias-motivated incidents more effectively.

The Bill will now amend the Seychelles Penal Code to categorise any criminal offence as “aggravated” where an offender demonstrates hostility or selects a victim by reason of their protected characteristics. Crimes committed with these hostilities will now reflect the harm they cause to individuals and wider communities. 

Mark Walters, Professor of Criminal Law and Criminology at the AVÊÓƵ, said:  

“It has been a genuine honour to have worked with the Human Dignity Trust in drafting this legislation for Seychelles. The road to equality is often a very long and hard one. Indeed, during this project, one of our team members Thulani Maseko, a prominent human rights lawyer and political activist in Swaziland, was gunned down and murdered in his home on 21 January 2023 for his work defending minority rights.  

“It reminds us all of how vulnerable people from marginalised groups remain globally. I hope this new law goes some way to providing the protection these groups deserve. And I hope that its spurs on other nations to do the same.”    

This is not the first time Professor Walters has been called upon to support international governments in developing hate crime legislation. In 2019, his research formed the basis for hate crime laws proposed in Belize. Now, with the passage of this Bill, the Seychelles becomes the third African nation to adopt a framework of hate crime legislation, and is only second, after South Africa, to adopt thorough protections against anti-LGBT+ offences.