LGBTQ rights in Mauritius
Lesbian, gay, bisexual, transgender, and queer 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 was criminalized by Section 250 of the Criminal Code. However, the Supreme Court of Mauritius fully decriminalized homosexuality in October 2023. 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.
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. 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 LGBTQ-friendly countries. Nevertheless, conservative attitudes about LGBTQ people are still commonplace.
Legality of same-sex sexual activity
On 4 October 2023, the Supreme Court of Mauritius struck down the colonial-era law criminalizing same-sex sexual activity between consenting adults, ruling it unconstitutional. Same-sex intercourse between women was never illegal.Previously, Section 250 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." Under the Supreme Court's 2023 judgement, the section should "re read so as to exclude such consensual acts from ambit."
In 2007, the Law Reform Commission recommended that sodomy be decriminalised and that Section 250 be repealed. 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. Prosecutions under the law were rare. In 2015, however, a same-sex couple was arrested on the suspicion they were practising sodomy.
In 2017, the Mauritius Government said it would not repeal Section 250, stating that it would address the issue after further consideration. 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. 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. Director Aschwin Ramenah of the Collectif Arc-En-Ciel has said:
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". These plaintiffs are represented by Dentons 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. 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.
Recognition of same-sex relationships
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.
Adoption and family planning
According to a 2006 report, both single individuals and married couples are eligible to adopt children in Mauritius. There are no explicit restrictions disqualifying LGBTQ persons from adopting. Similarly, the French Ministry of Foreign Affairs states that both single and married people may adopt, without specifying any disqualification based on sexual orientation.Discrimination protections
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 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, bisexuality or heterosexuality". The act does not currently protect transgender people.
Sexual orientation discrimination in employment is also prohibited under the Workers' Rights Act and the ''Employment Relations Act.''
Transgender rights
Currently, transgender individuals in Mauritius are not permitted to legally change their gender markers on official documents, including passports, birth certificates, and national identity cards. However, a transgender person may be able to change their name through a court process. Gender-affirming care is available but limited. According to the government, hormone therapy for transgender people is provided in public hospitals.Although transgender people continue to face social prejudice, recent reports suggest a gradual increase in societal acceptance, particularly toward transgender women. However, legal recognition and protection for transgender individuals remain limited.
Intersex rights
Section 13 of the Civil Status Act states that: "Where the sex of a newborn cannot be determined due to congenital anomalies at the time of birth or stillbirth, the officer shall register the sex as “undetermined”. This legal provision, which considers newborns intersex, was added in 2021.Blood donation
In 2014, the Ministry of Health amended blood donation policy to allow men who have sex with men to donate blood. Anecdotally, LGBTQI persons have been prevented from donating blood on occasion.Living conditions
Mauritius is considered to be one of Africa's most LGBTQ-friendly countries, though LGBTQ people still face discrimination due to conservatives attitudes among the population. LGBTQ people may face discrimination, notably in public hospitals and bullying in schools.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."
Politics
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.LGBTQ Rights Organisations
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.Founded in 2005, Collectif Arc-En-Ciel is the pioneer and main organisation for the LGBTQ community in Mauritius. 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.
Founded on 1 September 2014, Young Queer Alliance is an organisation for the young LGBTQ community in Mauritius. The Young Queer Alliance engages in support, advocacy and campaigns against discrimination. Association VISA G is an organisation mainly for transgender individuals.
Founded in 1996, PILS 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.
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.