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Mauritius repeals colonial-era anti-homosexuality law

Under the law, individuals found guilty of engaging in same-sex relations were at risk of being jailed for up to five years.

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by BRIAN ORUTA

News05 October 2023 - 08:30
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In Summary


  • • On Wednesday, the country’s Supreme Court declared that Section 250 of the Mauritian Criminal Code, which dates back to 1898, was unconstitutional.

Mauritius has reversed a colonial-era law that criminalised same-sex relations.

On Wednesday, the country’s Supreme Court declared that Section 250 of the Mauritian Criminal Code, which dates back to 1898, was unconstitutional.

Under the law, individuals found guilty of engaging in same-sex relations were at risk of being jailed for up to five years.

In its ruling, the Supreme Court stated that the abolished law did not “reflect any indigenous Mauritian values but was inherited as part of our colonial history from Britain”.

The decision to repeal the anti-homosexuality law goes back to October 2019, when four young Mauritians from the rights group Young Queer Alliance filed a legal challenge against the anti-homosexuality law for “violating their fundamental rights and freedom”.

The United Nations and several human rights groups have commended the ruling.

“The UN welcomes the decision of Mauritius to join the growing list of African countries protecting the human rights of everyone, including LGBTQI+ people,” UNAids said in a statement.

With the ruling, Mauritius joins the growing list of African countries that have either decriminalised or legalised same-sex relationships, including Angola, Botswana, Seychelles and Mozambique.

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