The Supreme Court of Mauritius decriminalizes sexual relations between homosexuals

2023-10-05 21:44:07

The highest court of Mauritius has decriminalized sexual relations between homosexual people, declaring as unconstitutional a law dating from the British colonial era.

This historic decision was immediately welcomed by the LGBTQ community of this tourist island in the Indian Ocean, known for its tolerance and which had already hosted homosexual events in the past. But until now, a law dating from 1898 punished anyone guilty of sodomy with a sentence of up to 5 years in prison.

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This article of the penal code “was not introduced to Mauritius to reflect Mauritian values ​​but is the legacy of our colonial history with Great Britain”two Supreme Court judges said on Wednesday. “We therefore declare that Article 250 (which punished homosexual relations) is unconstitutional”they added.

A legal appeal was filed by the gay community, who believed that the law violated fundamental rights.

Wave of repression against homosexuals in East Africa

The Supreme Court’s decision was welcomed by human rights movements as well as UNAIDS, the United Nations agency responsible for fighting HIV/AIDS, who stressed that it would help save Lives.

“Men who have relationships with men will be able to have easier access to health and social services without fear of being arrested or prosecuted”underlined Anne Githuku-Shongwe, regional manager of UNAIDS.

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But work remains to be done to combat the stigmatization of the LGBTQ community, according to her. Several religions coexist in Mauritius: around half of the 1.3 million inhabitants are Hindu, just under a third are Christian and the rest are Muslim.

This decision comes at a time when a wave of repression against homosexuals is sweeping several East African countries, often encouraged by Muslim and Christian conservatives.

In Uganda, for example, a country with a conservative Christian majority, President Yoweri Museveni promulgated an anti-homosexuality law in May which provides for heavy penalties for people having homosexual relations and engaging in sexual activity. « promotion » of homosexuality. The crime of“aggravated homosexuality” is punishable by the death penalty, a sentence which has, however, not been applied for years in Uganda. This law, among the most repressive in the world, has sparked outrage from the United Nations, human rights groups and many Western countries.