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Provisions related to forced marriage in the Seychelles are found in the 1955 Criminal Code, as amended in 2012, which addresses abduction for marriage at Article 133, with a potential penalty of imprisonment for seven years.
Provisions requiring consent to marriage in the Seychelles are found in the constitutional law 2006 and family law 2005. Article 62 of constitution states that everyone shall have the right to decide freely on entering or dissolving a marriage. Marriage shall be entered into based on the free consent of man and woman before the state body. Contracting, duration or dissolution of marriage shall be based on the equality of man and woman. Marriage, marital and family relations shall be regulated by the law. Extramarital community shall be equal with marriage, in accordance with the law. Article 3(2) of family law states that marriage may be entered into only on the basis of free consent future spouses.
There appears to be no legislation in the Seychelles that prohibits servile matrimonial transactions.
Provisions related to marriage trafficking in the Seychelles are found in the Prohibition of Trafficking in Person Act 2014, which prohibits trafficking in persons for forced marriage at article 3, with a potential penalty of imprisonment for a term not exceeding 14 years, or such imprisonment and a fine not exceeding SCR500,000. Legislation in Seychelles also prohibits abduction for forced marriage under article 133 of the Criminal Code 1955, with a potential penalty of imprisonment for seven years.
The minimum age for marriage in the Seychelles without parental consent is 18, without differentiation by gender, as set out on Article 46 of the 1989 Civil Status Act, as amended in 2000. The minimum age for marriage in the Seychelles with parental consent is 15 for females, as set out on Articles 40 and 46 of the 1989 Civil Status Act, as amended in 2000. However, marriages below the minimum ages are permitted for grave causes with the authorisation of the Minister, as set out on Article 40 of the 1989 Civil Status Act, as amended in 2000. These exceptions are not differentiated by gender. Where marriages are conducted involving a person below the minimum age or without the required consent or authority or both consent and authority, the marriage is null, as set out on Article 12 of the 1992 Matrimonial Causes.
Africa
Not party to a court
Mixed
Article 16.
Every person has a right to be treated with dignity worthy of a human being and not to be subjected to torture, cruel, inhuman or degrading treatment or punishment.
Article 17.
2.Every person has a right not to be compelled to perform forced or compulsory labour.
Article 18.
Article 25.
Article 31.
The State recognises the right of children and young persons to special protection in view of their immaturity and vulnerability and to ensure effective exercise of this right the State undertakes-
d. to ensure, save in exceptional and judicially recognized circumstances, that a child of young age is not separated from his parents.
Article 35.
The State recognises the right of every citizen to work and to just and favourable conditions of work and with a view to ensuring the effective exercise of these rights the State undertakes-
a. to take necessary measures to achieve and maintain a high and stable level of employment, as is practicable, with a view to attaining full employment;
b. subject to such restrictions as are necessary in a democratic society, to protect effectively the right of a citizen to earn a dignified living in a freely chosen occupation, profession or trade;
c. to promote vocational guidance and training;
d. to make and enforce statutory provisions for safe, healthy and fair conditions of work, including reasonable rest, leisure, paid holidays, remuneration which guarantees, as a minimum, dignified and decent living conditions for the workers and their families, fair and equal wages for work of equal value without distinction and stability of employment.
e. to promote machinery for voluntary negotiations between employers and workers or their organizations with a view to the regulation of conditions of employment by means of collective agreements;
f. to promote the establishment and use of appropriate machinery for conciliation and voluntary arbitrations for the settlement of labour disputes;
g. subject to such restrictions as are necessary in a democratic society, and necessary for safeguarding public order, for the protection of health or morals and the rights and freedoms of others, to ensure the right of workers to organise trade unions and to guarantee the right to strike.
133A. Abduction of girls under eighteen years
(1) Any person who unlawfully takes an unmarried girl under the age of eighteen years out of the custody or protection of her father or mother or other person having the lawful care or harge of her and against the will of such father or mother or other person, if she is taken with the intention that she may be unlawfully and carnally known by any man whether any particular man or generally, is guilty of a misdemeanour.
(2) It shall be sufficient defence to a charge under this section if it shall be made to appear to the court before whom the charge shall be brought that the person so charged had reasonable cause to believe and did in fact believe that the girl was of or above the age of eighteen years.
Any person who unlawfully takes an unmarried girl under the age of fifteen years out of the custody or protection of her father or mother or other person having the lawful care or charge of her, and against the will of such father or mother or other person, is guilty of a misdemeanour.
138. Procuration
Any person who-
(a) procures or attempts to procure any girl or woman under the age of twenty-one years, not being a common prostitute or of known immoral character, to have unlawful carnal connection, either in Seychelles or elsewhere, with any other person or persons; or
(b) procures or attempts to procure any woman or girl to become, either in Seychelles or elsewhere, a common prostitute; or
(c) procures or attempts to procure any woman or girl to leave Seychelles, with intent that she may become an inmate of or frequent a brothel elsewhere; or
(d) procures or attempts to procure any woman or girl to leave her usual place of abode in Seychelles (such place not being a brothel), with intent that she may, for the purposes of prostitution, become an inmate of or frequent a brothel either in Seychelles or elsewhere,
is guilty of a misdemeanour:
Provided that no person shall be convicted of any offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused.
139. Procuring defilement by threats, etc
Any person who-
(a) by threats or intimidation procures or attempts to procure any woman or girl to have any unlawful carnal connection, either in Seychelles or elsewhere; or
(b) by false prêtences of false representations procures any woman or girl, not being a common prostitute or of known immoral character, to have any unlawful carnal connection, either in Seychelles or elsewhere; or
(c) applies, administers to, or causes to be taken by any woman or girl any drug, matter, or thing with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connection with such woman or girl,
is guilty of a misdemeanour:
Provided that no person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused.
(1) Any person who, being the owner or occupier of premises or having or acting or assisting in the management or control thereof, induces or knowingly suffers any girl under the age of thirteen years to resort to or be upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally, is guilty of a felony, and is liable to imprisonment for five years.
(2) Any person who, being the owner or occupier of premises or having or assisting in the management or control thereof, induces r knowingly suffers any girl not under the age of thirteen years but under the age of fifteen years to resort to or be upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally, is guilty of a misdemeanour.
(3) It shall be a sufficient defence to any charge this section if it shall be made to appear to the court before whom the charge shall be brought that the person so charged had reasonable cause to believe and did in fact believe that the girl was of or above the age of fifteen years.
Any person who detains any woman or girl against her will-
(a) in or upon any premises with intent that she may be unlawfully and carnally known by any man, whether any particular man or generally; or
(b) in any brothel,
is guilty of a misdemeanour.
When a woman or girl is in or upon any premises for the purpose of having any unlawful carnal connection, or is in any brotherl, a person shall be deemed to detain such woman or girl in or upon such premises or in such brothel, if, with intent to compel or induce her to remain in or upon such premises or in such brothel, such person withholds from such woman or girl any wearing apparel or other property belonging to her, or where wearing apparel has been lent or otherwise supplied to such woman or girl with legal proceedings if she takes away with her the wearing apparel so lent or supplied.
No legal proceedings, whether civil or criminal, shall be taken against any such woman or girl for taking away or being found in possession of any such wearing apparel as was necessary to enable her to leave such premises or brothel.
Whoever for purposes of gain-
(a) procures, entices or leads away, for purposes of prostitution, another person (even with the consent of that other person); or
(b) exploits, or is an accessory in, the prostitution of another person (even with the consent of that other person), or the illicit carnal connection of two other persons,
is guilty of a misdemeanour.
Whoever-
(a) procures, entices or leads away, for purposes prostitution, another person (even with the consent of that other person); or
(b) exploits, or is an accessory in, the prostitution of another person (even with the consent of that other person),
where the person procured, enticed, led away or exploited is less than twenty-one years old at the time of the offence, or is procured, enticed, led away or exploited for the purpose of being sent abroad, or by the use of fraud, deceit, threat, violence or any other means of duress, is guilty of a misdemeanour.
155. Brothel
(1) A person who-
(a) keeps or manages, or acts or assists in the keeping or management of a brothel;
(b) being the owner, tenant, lessee or occupier or person in charge of any premises, knowingly permits the premises or any part of the premises to be used as a brothel;
(c) being the owner, lessor or landlord or the agent of the owner, lessor or landlord, of any premises-
(i) lets out the premises or any part of the premises knowing that the premises or any part of the premises is to used as a brothel; or
(ii) is willfully a party to the continued use of the premises or any part of the premises as a brothel,
is guilty of an offence and liable to imprisonment for three years.
(2) In this section “brothel” means any premises or any part of any premises resorted to or used by any person for the purposes of prostitution or lewd sexual practices.
156. Living on earning of prostitution
A person who-
(a) procures, entices or leads away, for the purposes of prostitution, another person;
(b) knowingly lives wholly or in part on the earnings of prostitution of another person;-
(c) knowingly exploits the prostitution of another person.
(d) for the purposes of gain, exercises control, direction of influence over the movements or action of another person in a manner as to show that the person is aiding, abetting, encouraging or compelling the prostitution of that other person,
is guilty of an offence and liable to imprisonment for five years.
245. Kidnapping with intent to do harm, slavery, etc.
Any person who kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous harm, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, is guilty of felony, and is liable to imprisonment for fourteen years.
249. Buying or disposing of a person as slave
Any person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, is guilty of a felony, and is liable to imprisonment for ten years.
Any person who habitually imports, exports, removes, buys, sells, traffics or deals in slaves is guilty of a felony, and is liable to imprisonment for fourteen years.
Any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour and is liable to imprisonment for three years.
Article 2. Interpretation
In this Act, unless the context otherwise requires –
“exploitation” includes –
(e) Fraudulent use of a person for removal of their organs or body parts; or
(f) Forced marriage;
Article 3. Trafficking in persons
(1) A person who recruits, transports, transfers, harbours or receives another person by any of the following means –
(a) threat;
(b) use of force or other forms of coercion;
(c) abduction;
(d) fraud;
(e) deception; including any misrepresentation by words or conduct as to financial incentive or promise of reward or gain and other conditions of work;
(f) abuse of power or of another person’s position of vulnerability;
(g) giving or receiving of payments or benefits, knowingly or intentionally, to achieve the consent of a person having control over another person,
For the purposes of exploitation, commits the offence of trafficking in persons and shall on conviction be liable to imprisonment for a term not exceeding 14 years, or such imprisonment and a fine not exceeding SCR500,000.
(2) Where it is proved to the satisfaction of the Court that any of the means referred to in subsection (1)(a) to (g) has been used in committing the offence of trafficking, it shall not be a defence that the trafficked person consented to such act.
Article 4. Child trafficking
(1) A person who recruits, transports, transfers, harbours or receives a child, knowingly or recklessly disregarding that the person is a child, whether or not by use of any means referred to in section 3(1)(a) to (g), commits the offence of child trafficking and shall on conviction be liable to imprisonment for a term not exceeding 25 years, or such imprisonment and a fine not exceeding SCR800,000.
(2) A person who adopts, fosters or obtains the guardianship of a child with the intention of exploitation, commits an offence and shall on conviction be liable to imprisonment for a term not exceeding 25 years, or such imprisonment and a fine not exceeding SCR800,000.
CHAPTER XXV – Offences Against Liberty
133. Abduction
Any person who, with intent to marry or carnally know a woman of any age, or to cause her to be married or carnally known by any other person, takes her away, or detains her, against her will, is guilty of a felony, and is liable to imprisonment for seven years.
CHAPTER XVI – Offences Relating to Marriage and Domestic Obligations
159. Fraudulent pretence of marriage
Any person who willfully and by fraud causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, is guilty of a felony, and is liable to imprisonment for ten years.
161. Fraudulently going through ceremony of marriage
Any person who dishonestly or with fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, is guilty of a felony, and is liable to imprisonment for five years.
Article 2. Interpretation
In this Act, unless the context otherwise requires –
“child” means a person under the age of 18;
…
“exploitation” includes –
(a) Sexual exploitation;
(b) Forced labour or services;
(c) Subjecting a person to practices similar to slavery;
(d) Involuntary servitude;
(e) Fraudulent use of a person for removal of their organs or body parts; or
(f) Forced marriage;
Article 3. Trafficking in persons
(1) A person who recruits, transports, transfers, harbours or receives another person by any of the following means –
(a) threat;
(b) use of force or other forms of coercion;
(c) abduction;
(d) fraud;
(e) deception; including any misrepresentation by words or conduct as to financial incentive or promise of reward or gain and other conditions of work;
(f) abuse of power or of another person’s position of vulnerability;
(g) giving or receiving of payments or benefits, knowingly or intentionally, to achieve the consent of a person having control over another person,
For the purposes of exploitation, commits the offence of trafficking in persons and shall on conviction be liable to imprisonment for a term not exceeding 14 years, or such imprisonment and a fine not exceeding SCR500,000.
(2) Where it is proved to the satisfaction of the Court that any of the means referred to in subsection (1)(a) to (g) has been used in committing the offence of trafficking, it shall not be a defence that the trafficked person consented to such act.
Article 4. Child trafficking
(1) A person who recruits, transports, transfers, harbours or receives a child, knowingly or recklessly disregarding that the person is a child, whether or not by use of any means referred to in section 3(1)(a) to (g), commits the offence of child trafficking and shall on conviction be liable to imprisonment for a term not exceeding 25 years, or such imprisonment and a fine not exceeding SCR800,000.
(2) A person who adopts, fosters or obtains the guardianship of a child with the intention of exploitation, commits an offence and shall on conviction be liable to imprisonment for a term not exceeding 25 years, or such imprisonment and a fine not exceeding SCR800,000.
40.
A male person under the age of eighteen years or a female parties. under the age of fifteen years cannot contract marriage. But the Minister may for grave causes authorise any person under the above age to contract marriage.
41. Consent
There is no marriage when there is no consent.
46
(1) A legitimate child who is under the age of eighteen years cannot contract marriage without the consent of his father. If the father is dead or incapable of manifesting his will or is absent from Seychelles or is on one of the Outer Islands, the consent of the mother shall be required and such consent shall be sufficient.
(2) If the father and mother of the minor are dead or incapable of manifesting their will or absent from Seychelles or are on one of the Outer Islands, the minor may marry with the consent of the judge.
47 (1) A natural child who is under the age of eighteen years cannot contract marriage without the consent of the parent by whom he has been acknowledged or of both parents when he has been acknowledged by both. In the latter case if there is disagreement, the consent of the father will be sufficient:
Provided that if the father has been refused the guardianship of the natural child the consent of the guardian shall also be required.
(2) When both parents have acknowledged the child and one of them is dead or incapable of manifesting his will or is absent from Seychelles or is on one of the Outer Islands, the consent of the other shall be sufficient.
(3) When both parents are dead or incapable of manifesting their will or are absent from Seychelles or are on one of the Outer Islands, or when the child has not been acknowledged, or when the child has been acknowledged by one parent who is dead or incapable of manifesting his will or absent from Seychelles or is on one of the Outer Islands, the consent of a judge shall be required and such consent shall be sufficient.
48
(1) The consent of a judge to a marriage may be given on the verbal application of the minor or of a friend in the presence of such minor. The judge may examine the minor or any person on oath touching any facts he may deem relevant to such application.
(2) The consent of the judge to the marriage shall be signified by a formal document under the signature of the judge, a copy of which, certified by the Registrar shall be transmitted to the Chief Officer of the Civil Status.
49
(1) In case any parent or guardian whose consent is necessary to any marriage shall withhold his consent to any marriage, it shall be lawful for any person to whose marriage to such consent is necessary to apply by petition to a judge, and upon such application being made, the judge may, after examining any person on oath touching any facts he may deem relevant to such application, declare that such marriage is proper and may be celebrated, and thereupon such marriage may be celebrated and shall be as valid as if the consent of such parent or guardian has been given thereto.
(2) The judge’s decision shall be notified by the Registrar to the Chief Officer of the Civil Status.
50. No marriage shall be rendered null and void for the reason of lack of consent of any parent or guardian if in fact the consent of a judge to such marriage was given.
58. The husband or wife of one of the parties intending to contract marriage may enter an opposition to the celebration opose of such marriage.
59. The father, and in default of the father, the mother, and in default of the father and mother, the grandfather or grandmother of one of the parties may oppose the marriage even when the parties are above the age of eighteen years.
60. When there is no ascendant as referred to in section 59, a brother or sister, uncle or aunt, or a first cousin of one of the parties may, when such brother or sister, uncle or aunt or cousin is of age, oppose the marriage, but only in one of the following cases:-
(a) When such party is a minor and the consent of a judge required by sections 47 and 48 has not been obtained;
(b) when the opposition is made on the ground that such party is non compos mentis. Such opposition, which the court may dismiss purely and simply, will not be admitted unless upon the condition that the opposing party will move for the interdiction and obtain a decree thereupon within a period to be fixed in the judgment admitting such opposition.
61. In the cases provided for in section 60 the guardian or curator will be entitled to oppose the marriage while the guardianship or curatelle lasts, only when he has been authorised to do so by a family council.
67
(1) The signature or mark on the act of marriage of any parent or guardian whose consent is required by law shall be, proof of such consent.
(2) Such person may signify his consent to the marriage
a) by a writing signed by him in the presence of two witnesses who shall attest that the writing was signed in their presence and sign such writing; or
(b) by a writing marked by him in the presence of any of the following namely: a Magistrate, a Justice of the Peace, a Minister of a Christian Religion, a Barrister-at-Law, an Attorney, a Notary, a Medical Practitioner, a Civil Status Officer, who shall attest that the writing was marked in his presence and sign such writing.
Such writing which shall fully mention the names, surnames, professions and residences of the parties to the marriage, shall be produced to the officer celebrating the marriage and shall be kept by him and the officer shall, in the margin of the act of marriage, mention such writing.
(3) When the consent of a judge has been given to a marriage this fact shall be mentioned in the margin of the act of marriage together with the date on which such consent was given.
105. Any officer who –
(a) inscribes any of his acts upon loose sheets; or
(b) receives, draws up or registers any act otherwise than in strict conformity with the provisions of this Act; or
(c) by negligence or carelessness loses or injures or allows to be lost or injured any register or part thereof or any instrument, deed, order or other document connected with the civil status and in his custody;
or
(d) celebrates a marriage without proof of the consent of the parents or other persons whose consent is required by law; or
(e) celebrates a marriage when the publications prescribed have not been made or the prescribed intervals between the publication and celebration of the marriage have not elapsed and no dispensation has been obtained, shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred rupees.
108. Sections 335, 337 and 347 of the Penal Code shall be applicable to any officer who –
(a) commits forgery in any register or act or in any copy of such act in one or more of the modes referred to in section 333 of the Penal Code; or
(b) in drawing up an act or any copy of such act or in making any entry in any register under this Act fraudulently alters the substance or particulars thereof in any manner referred to in section 333 of the Penal Code.
109. Any person not being an officer who –
(a) falsely makes or counterfeits or causes to be made or counterfeited any act, or copy of an act or any instrument
(b) fraudulently counterfeits or alters any signature, date or writing in any register or act or in a copy of any such act or in any instrument connected therewith;
(c) fraudulently inserts in or adds to, any register, act, copy or instrument above referred to, any word, letter, figure or sign which did not exist in such register, act or instrument at the time the same was signed by an officer of the civil status; or
(d) who fraudulently erases or alters in any register, act or instrument above referred to any word, letter, figure or sign; or
(e) who knowingly makes use of any act, copy or instrument above referred to which has been counterfeited, altered or added to as above mentioned, shall be guilty of an offence and liable on conviction to imprisonment with or without hard labour for any period not exceeding two years.
110. Any person who –
(a) when examined on oath, or in any affidavit wilfully makes a false statement knowing the same to be false; or
(b) makes, signs or marks before an officer a false declaration, knowing such declaration to be false; or
(c) makes, signs or marks before an officer a declaration containing a false statement which he knows to be false,
shall be guilty of an offence and on conviction liable to a fine not exceeding one thousand rupees or imprisonment for any term not exceeding two years.
116. If any person makes opposition to a marriage without having a right under the laws of Seychelles to oppose the by marriage, or if it appears to the court that the opposition is made maliciously, the court may inflict upon such opposing party a fine not exceeding one thousand rupees besides costs of suit.
12. Grounds for nullity of marriage.
(1) Subject to this section, court may, on an application, grant an order of nullity if—
(a) a party to the marriage had not, at the time of the marriage, attained the age of marriage and obtained the required consent or authority or both consent and authority, as the case may be, for the marriage in terms of the Civil Status Act and nay other written law;
(b) a party to the marriage had not, at the time of the marriage, obtained the required consent in terms of the Civil Status Act and nay other written law;
(c) the parties to the marriage are within the prohibited degrees of relationship in terms of the Civil Status Act and had not at the time of the marriage obtained the required authority under that Act;
(d) a party to the marriage was, at the time of the marriage, already married to another person and the marriage had not been dissolved;
(e) the parties to the marriage were not respectively male and female;
(f) a party to the marriage was, at the time of the marriage, a mental patient in terms of the Mental Treatment Act or suffering from a mental disorder or of unsound mind;
(g) a party to the marriage did not give a valid consent to the marriage by reason of mistake, fraud, duress, unsoundness of mind or any other legal incapacity;
(h) the marriage was not celebrated in accordance with the Civil Status Act;
(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it;
(j) the marriage has not been consummated owing to the incapacity of a party to consummate it;
(k) the respondent was at the time of the marriage suffering from venereal disease in a communicable form or a carrier of the acquired immunity deficiency (AIDS) virus;
(l) the respondent was, at the time of the marriage, pregnant by some person other than the petitioner.
(2) The Court shall not grant an order of nullity—
(a) in the case referred to in subsection (1)(a)—
(i) unless proceedings for the order were instituted within 12 months after the petitioner has attained the age of marriage; or
(ii) if the wife had become pregnant since the marriage;
(b) in the case referred to in subsection (1)(b), unless proceedings for the order of nullity were instituted by a party to the marriage or a person whose consent to the marriage was required within 12 months of the marriage;
(c) in the case referred to in subsection (1)(f), (k) or (l)—
(i) unless proceedings for the order were instituted within 12 months of the date of the marriage;
(ii) unless the court is satisfied that the petitioner was at the time of the marriage ignorant of the facts alleged;
(iii) unless the court is satisfied that the petitioner had not consented to intercourse with the respondent since the discovery by the petitioner of the alleged facts; and
(iv) if the respondent satisfies the court that it would be unjust to grant the order of nullity;
(d) in the case referred to in subsection (1)(g), (i) or (j)—
(i) unless proceedings for the order were instituted within 12 months of the date of the marriage;
(ii) unless the court is satisfied that the petitioner was at the time of the marriage ignorant of the facts alleged; and
(iii) if the respondent satisfies the court that it would be unjust to grant the order of nullity;
(3) When granting an order of nullity the court shall in the first instance grant a conditional order of nullity which, subject to this Act, the court may, on application, make absolute.
(4) Section 6(3), (4), (5) and (6) and section 7 apply to a conditional order of nullity as they apply to a conditional order of divorce.
(5) Section 11 applies to an absolute order of nullity as it applies to an absolute order of divorce.