Seychelles
Regulations on entry, stay, residence, and treatment access for people living with HIV
The categories of restriction are:
- Unclear restrictions - it is not clear to what extent restrictions apply.
Restrictions on entry to Seychelles
It is unclear whether Seychelles imposes restrictions on entry of people living with HIV.
According to UNAIDS and the US Department of State, Seychelles does not have any HIV-related restrictions on entry.
According to the Immigration and Civil Status Department of the Republic of Seychelles, Seychelles is a visa-free country, and a visitor’s permit is issued on arrival in Seychelles to travellers who meet among other criteria detailed in the website to not be a prohibited immigrant.
The Immigration Bill 2018 Article 24, establishes that ‘any person who is infected or inflicted with or is a carrier of a disease declared in writing by the Public Health Commissioner from time to time and who is capable of infecting another person with such disease or of transmitting to him such disease’ is considered a ‘prohibited immigrant’. It is not clear if HIV might be included under this provision.
Restrictions on short-term stay in Seychelles
Some sources suggest that Seychelles imposes restrictions on short-term stay on people living with HIV.
UNAIDS reports that there are no restrictions on short-term stay.
However, according to the US Department of State, expatriate workers with HIV are subject to screenings and are required to regularly report to the Ministry of Health for treatment throughout the duration of residence in Seychelles.
As detailed in the Application Form and established in the Immigration Decree 1979 (Section 13), the application for a residence permit must include ‘a medical certificate from a medical practitioner to the effect that he finds you and your children who are less than 18 years old and who are member of your household are to reside with you: (1) not mentally or physically defective in any way; (2) not suffering from any infectious or contagious diseases; (3) generally in a good state of health.’
It is not clear, from the form or the law, if HIV is considered among those ‘infectious or contagious diseases.’
However, feedback received by a user, outlined below, suggests that medical examinations include HIV testing. See the case studies section below.
Restrictions on long-term stay in Seychelles
It is unclear whether Seychelles imposes restrictions on long-term stay of people living with HIV.
According to the Immigration and Civil Status Department of the Republic of Seychelles, among the general conditions to apply for a permanent residence, the applicant must not be ‘a prohibited immigrant’, which is defined to include ‘any person who is infected or inflicted with or is a carrier of a disease declared in writing by the Public Health Commissioner from time to time and who is capable of infecting another person with such disease or of transmitting to him such disease.’
It is not specified that such a list includes HIV.
Treatment access in Seychelles
The following summarises available information on access to healthcare for people living with HIV in Seychelles. There is some evidence that non-nationals are restricted from accessing treatment in the same way as nationals.
IOM reports that only migrant workers employed by the State have the same rights as citizens in accessing all primary healthcare services, as outlined by the Public Service Orders (2011). Migrant workers not employed in the public sector have access to emergency health care, as outlined by the Constitution (1992). The Immigration Decree (Amendment) Act further states that non‐nationals with permanent residence permits are not entitled to free medical services. Nationals have free access to healthcare, although they need to pay a small prescription fee for medications. Migrant workers pay for all fees associated with medical services and products.
Case Studies
To work in Seychelles, a work permit is required. A full medical examination is required and all tests are compulsory, including HIV. According to a potential employer, they (the consulate/decision makers) are not fussy if you have a health condition, 'unless you are HIV positive'. This means quite clearly that you would still be open to discrimination.
Sources
The HIV Justice Network's Global HIV Criminalisation Database
Visit the Seychelles page on the Global HIV Criminalisation Database to see more information about known HIV criminalisation laws in this country, an overview of how the laws are used, and any significant advocacy developments.
UNAIDS Global AIDS monitoring data
This information about access to HIV services comes from UNAIDS https://lawsandpolicies.unaids.org/, a platform to view data on HIV-related laws and policies. This is information provided by national authorities and civil society and may contradict other sources.
Migrant populations
| Laws/policies enable documented migrants to access HIV services under the same conditions as citizens | Yes |
| Laws/policies enable documented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | No |
| Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens | Yes |
| Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | No |
| Migrants are able to access HIV services | Yes |
Refugees and asylum seekers
| Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens | Yes |
| Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | Yes |
| Laws/policies enable refugees to access HIV services under the same conditions as citizens | Yes |
| Laws/policies enable refugees to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | Yes |
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This site focuses on information about HIV travel. Please also consult your own Foreign Office/Ministry of Foreign Affairs website, or the local consulate of the country you are visiting, to see what restrictions there are specifically for you as a citizen of your country, regardless of your HIV status.
