AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human & Peoples’ Rights
Commission Africaine des Droits de l’Homme et des Peuples
90, Kairaba Avenue, P. O. Box 673, Banjul, The Gambia Tel: (220) 4392 962/4372070 Fax: (220) 4390 764 E-mail: achpr@achpr.org Web www.achpr.org
Re: ACHPR/37/OS/11/432/Draft
REPORT
OF THE
PROMOTIONAL MISSION
TO THE
REPUBLIC OF SEYCHELLES
July 2004
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INTRODUCTION
The African Charter on Human and Peoples’ Rights provides for the establishment of the
African Commission on Human and Peoples’ Rights. The 18th OAU Summit of Heads of
State and Government meeting in Nairobi, Kenya on 26th June 1981 adopted the African
Charter. The African Charter came into force on 21st October 1986 upon ratification by the
requisite number of Member States. The first members of the African Commission were
elected at the 23rd OAU Assembly of Heads of State and Government in July 1987 and the
inaugural session of the African Commission took place in November 1987.
Under the African Charter, the African Commission is mandated to promote the rights and
freedoms set out in the African Charter and ensure their protection across the continent,
monitor and advise on the implementation of the African Charter and interpret its
provisions.
The Promotional function of the African Commission mandates Members of the African
Commission to undertake promotional missions to States Party to the African Charter.
Promotional missions are an important aspect of the African Commission’s activities as they
enable it to establish communication and links with Member States.
Seychelles is party to the African Charter on Human and People’s Rights, which it ratified on
13th April 1992.
A BRIEF POLITICAL BACKGROUND OF SEYCHELLES
The islands that comprise Seychelles were uninhabited until the 17th century when the
Portuguese explorers began using it as a stop over point in their journeys of discoveries to
India and the Far East.
Later both the British and the French were highly interested in the strategic value of the
islands and during the late 1790s and early 1800s, Seychelles changed hands a number of
times. In 1742, the French governor of Mauritius, Mahé de Labourdonais, sent a first
expedition to the islands. During a second expedition in 1756, Seychelles was proclaimed a
French colony and the islands were given their present name in honour of the French
finance minister under King Louis XV. The first French settlers however, did not arrive until
1770 when French planters and their slaves began to settle on the islands. The new French
colony barely survived its first decade and did not begin to flourish until 1794. Throughout
the French Revolution and the Napoleonic Wars, the Seychelles islands were captured and
freed on several occasions and were finally passed on officially to the British under the
Treaty of Paris of 1814. The islands were administered from Mauritius until 1888 when a
separate administrator, executive and administrative councils were established for the
Seychelles archipelago. Nine years later, the administrator acquired full powers of a British
colonial governor and on 31st August 1903, Seychelles became a separate crown colony.
Widespread involvement of the Seychellois in their own political affairs began in 1948 when
Britain granted suffrage to approximately 2,000 adult male property owners, who then
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elected four members to a Legislative Council that advised the governor. The winning
candidates were drawn from a group known as the Seychelles Taxpayers' and Producers'
Association (STPA), which represented the landed strata of society known colloquially as the
grands blancs (great whites). The STPA defended its members' interest in matters of crop
marketing and other issues and was the principal political force in the nation until the early
1960s, when representatives of the small new urban professional and middle class began to
win seats.
By 1963, political parties had developed in the Seychelles colony and elections held that year
were contested for the first time on party lines. In 1964, the campaign for independence
began with the creation of two new parties, namely, the Seychelles Democratic Party (SDP)
led by James Mancham, and the Seychelles People’s Unity Party (SPUP) led by France Albert
Rene. As a result of the campaign for independence, a new constitution was drawn up in
1967 and three years later, a ministerial form of government was established. In March 1970,
colonial and political representatives of Seychelles met in London for a constitutional
convention and elections in November of the same year brought into effect the constitution
of Seychelles. In April 1974, further elections were held in which the two major political
parties campaigned for independence and in June 1975, the SDP and SPUP formed a
coalition government which led Seychelles to independence. Seychelles attained its
independence on 29th June 1976 under the Presidency of James Mancham with France
Albert Rene as the prime minister.
Post-Independent Seychelles
Although the coalition appeared to operate smoothly, political divisions between the two
parties developed. On 5th June 1977, during President Mancham’s absence at the London
Commonwealth Conference, supporters of Prime Minister Rene overthrew President
Mancham in a coup and installed Rene as president. President Rene suspended the
constitution and dismissed the Parliament and declared the country a one-party state.
From 1981 through to the late 1980’s several more coup attempts were suppressed and
eventually after almost 16 years of one-party rule, President Rene finally announced a return
to the multiparty system of government on December 4th 1991. On December 27th 1991, the
Constitution of Seychelles was amended to allow for the registration of political parties.
Exiles returned to Seychelles and among them was James Mancham, who returned in April
1992 to revive his Democratic Party (DP).
The first stage of the transition process to a multiparty democracy commenced with
elections to the Constitution Commission. Eight political parties registered to contest in
these elections. A new democratic constitution was adopted on 7th May 1993 and the first
multiparty presidential and legislative elections were held under the auspices of the new
constitution in July of 1993. Rene was elected as President of Seychelles and in June 1996,
the constitution was amended to create the post of Vice President.
Subsequently, presidential elections were held in 1998 and in 2001 in which Rene was
returned as President of Seychelles. On 14th April 2004, after serving as president of
Seychelles for 27 years, Albert Rene stepped down and his Vice President, James Alix Michel
was sworn in as Seychelles’ third-ever President.
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Current political structure
Seychelles is a multiple-party republic divided into 23 administrative districts. Its legal system
combines English common law, French civil law, and customary law. Its major political
parties include the Seychelles People’s Progressive Front (SPPF), Seychelles National Party
(SNP), and the Democratic Party (DP).
Executive
The executive authority of the Republic is vested in the President and is exercised in
accordance with the Constitution and the laws of Seychelles. The President may exercise his
or her functions directly or through subordinate officers. The President is the Head of State,
Head of Government, and the Commander-in-Chief of the Defence Forces. He is directly
elected by the people for a term of five years. The successful candidate must obtain more
than 50% of the votes. Persons who are eighteen years or older and are registered voters in
an electoral area are eligible as presidential candidates or members of the National Assembly.
The Vice President performs the duties of the President in the absence of the latter from the
country. The Cabinet consists of the Vice-President and Ministers, of whom there may be
not less than seven and not more than fourteen. The breadth of a Minister’s portfolio
responsibility is as assigned by the President.
Legislature
The legislative branch is composed of a unicameral National Assembly or Assemblée
Nationale. There are 34 Members of the National Assembly, 25 of whom are elected by
popular vote. 9 seats are allocated according to the percentage that each political party won
of the total votes. All Members of the National Assembly serve for a term of five years.
Judiciary
The Constitution of Seychelles provides for an independent judiciary with the Chief Justice
as the head of the Judiciary. Seychelles has a three-tiered judicial system which consists of
the Court of Appeal, Supreme Court and the Magistrates Courts. The Court of Appeal hears
appeals from the Supreme Court in both civil and criminal cases. The Supreme Court has
jurisdiction of first instance and acts as an appeals court from the magistrates' courts.
Matters relating to the application, contravention, enforcement or interpretation of the
Constitution are considered by two or more Judges sitting together as the Constitutional
Court. The Constitutional Court convenes as necessary to consider constitutional matters
only. The Court of Appeal convenes three times a year (in April, August, and October) for
two weeks in order to consider appeals from the Supreme Court and Constitutional Court
only.
The President appoints Judges and Justices of Appeal for a term of 7 years upon the
recommendation of the Constitutional Appointments Authority (CAA) and the President on
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the recommendation of the Constitutional Appointments Committee can reappoint them if
exceptional circumstances exist to warrant such reappointment.
GENERAL INFORMATION ABOUT SEYCHELLES
The Land and People
Seychelles is located in the Indian Ocean approximately 1,600 kilometres east of Kenya. The
nation is an archipelago of 115 islands scattered over 1,000,000 square km of the Indian
Ocean. Mahé is the largest island and is the site of Victoria, the capital. The climate is
tropical with uniformly high temperatures all year round and a wet season from December
to May.
About 90% of the Seychellois people live on Mahé Island. Most others live on Praslin and
La Digue, with the remaining smaller islands either sparsely populated or uninhabited. Most
Seychellois are descendants of early French settlers, and African slaves brought to the
Seychelles by the British who throughout the 19th century freed them from slave ships on the
East African coast. Seychellois culture is thus a mixture of French and African influences.
Creole (or Seselwa) is the mother tongue of 94% of the people and is often used in
newspapers and literature. English and French are commonly used and English is the
language of government and commerce.
The estimated population of Seychelles is 81, 117 people. The people are predominantly
African with French, African, Malagasy, Chinese, Indian, British influences. The majority of
the population identify themselves as Catholic (86.6%), the rest as Anglican (6.8%), other
Christians (2.5%), and other religions (4.1%). Literacy rates are at 91% for men and 85% for
women, and the literacy rate of school-aged children has risen to well over 98%. The life
expectancy at birth for the total population is approximately 71.25 years: 65.78 for males
and 76.88 for women
Economy
Seychelles is categorised as an upper middle-income country, whose GDP is $603.9 million.
And per capita income is about $7,600. Its primary natural resource is fish, (mainly the tuna
fishing industry,) and its agricultural assets include copra, cinnamon, vanilla, coconuts, sweet
potatoes, tapioca, bananas, and chicken.
The tourist sector employs about 30% of the labour force and provides valuable hard
currency earnings and government has in recent years encouraged foreign investment in
order to upgrade hotels and other services.
At the same time, the Government has moved to reduce the dependence on tourism by
promoting the development of farming, fishing, and small-scale manufacturing. Tuna
fishing/canning accounts for 70% of GDP and has now surpassed tourism as the major
source of foreign exchange.
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Seychelles is a member of the Indian Ocean Commission, a group that promotes economic
and trade co-operation between the islands of the Indian Ocean and the Indian Ocean Rim
and participates in meetings of the Common Market for Eastern and Southern Africa
(COMESA).
THE PROMOTIONAL MISSION
Mr Bahame Tom Mukirya Nyanduga is the Commissioner responsible for promotional
activities in the Republic of Seychelles. The promotional mission to Seychelles was
undertaken from 26th to 30th July 2004. Ms. Fiona Adolu, Legal Officer at the Secretariat of
the African Commission assisted Commissioner Nyanduga on this mission.
The Ministry of Foreign Affairs of Seychelles coordinated the arrangements for the mission
on behalf of the government and was in contact with the Secretariat of the African
Commission.
During the various meetings the African Commission mission had with various stakeholders,
Commissioner Nyanduga outlined the objectives of the mission to the Seychelles as follows:
1. To promote the African Charter and exchange views and information on its
implementation;
2. To raise awareness of and visibility of the African Commission and its functions
especially among the relevant government departments and institutions, and in civil
society;
3. To follow up on recommendations arising from first promotional mission
undertaken in July 2001 by the then Chairperson of the African Commission – Prof
E.V.O Dankwa;
4. To solicit the ratification of the Protocol to the African Charter on the
Establishment of the African Court on Human and Peoples’ Rights and Protocol to
the African Charter on the Rights of Women in Africa;
5. To encourage a closer relationship between the African Commission and the
Republic of Seychelles and between the African Commission and the civil society
human rights NGOs in Seychelles;
6. To encourage the Republic of Seychelles to send representatives to present their
report submitted in July 2004 in accordance with Seychelles obligations as stipulated
in Article 62 of the African Charter.
The Technical Adviser to the Ministry of Foreign Affairs, Mr William Bell and the Second
Secretary in the Ministry of Foreign Affairs, Ms Elizabeth Charles were responsible for
making the prior arrangements for the promotional mission. Ms Sandra Michel, Second
Secretary in the Ministry of Foreign Affairs, assisted and accompanied the delegation to all
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the meetings. The delegation would like to express their appreciation to them for facilitating
the Mission.
MEETINGS
Attorney General
The first meeting that was scheduled was with the Attorney General of Seychelles, Mr
Anthony Fernando.
Commissioner Nyanduga introduced the African Commission delegation and informed the
Attorney General of the objectives of the mission. He informed the Attorney General that
Africa as a continent was now embracing human rights (more seriously than before, as) has
been expressed within the (objectives and principles contained in the) Constitutive Act of
the African Union.
Commissioner Nyanduga explained to the Attorney General the establishment, mandate and
activities of the African Commission. He made particular reference to the
communications/complaints procedure, which is provided for under the African Charter.
The Attorney General expressed interest in this procedure and suggested that it would be
beneficial for the African Commission to avail copies of its decisions to Member States and
also for it to compile case law from the constitutional courts of Member States.
The delegation also explained that the African Commission has Special Rapporteur
Mechanism which attends to areas of human rights that need specific attention, namely,
women rights, prisons and conditions of detention in Africa, and Refugees and Internally
Displaced Persons (IDPs) for which Commissioner Nyanduga is also responsible.
The Attorney General, (in response to some of the issues raised by the Commissioner),
pointed out that Seychelles does not host any refugees neither does it have any IDPs. He
noted that possibly the lack of refugees in the country is due to the geographical location of
Seychelles which is situated far from conflict situation(s on the mother land), that may lead
to mass movements of people.
With respect to Seychelles’ reporting obligations, in conformity with Article 62 of the
African Charter, the delegation noted with pleasure that Seychelles had finally submitted a
comprehensive Initial Report combining all the overdue reports since 1994. Commissioner
Nyanduga urged the Attorney General to encourage the government to send a delegation to
present Seychelles’ Initial Report before the African Commission at its forthcoming 36 th
Ordinary Session. He explained the process of examination of reports and pointed out that
this exercise was important because it provides the government of Seychelles with an
opportunity to explain the human rights situation in the country and problems that it
encounters in fully implementing the rights and freedom recognised under the African
Charter.
The Commissioner informed the Attorney General that the African Commission had
undertaken a study into the rights of indigenous populations/communities in Africa and had
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come up with a Conceptual Framework Paper on Indigenous Populations/Communities in
Africa. In this context, the Mission raised concerns about the human rights of the
Chagossians who were expelled from Diego Garcia and are now living in Seychelles and
Mauritius. The Commissioner wanted to know what their status in Seychelles was and how
the government and the society at large were treating them, ( in view of the earlier statement
that there are no refugees in the Seychelles.).
In response to this, the Attorney General stated that this was a matter that was being
resolved by the Ministry of Foreign Affairs at a diplomatic level.
With respect to human rights education in schools, the Attorney General informed the
delegation that the school curricula includes some aspects of human rights education and
welcomed the idea that it be broadened to include aspects of the African Charter. He noted
that human rights education in schools is particularly important as it plays a big role in
preventing conflicts especially in a modern society where the youth idolise the gun culture.
The youth need to be taught about tolerance and the value of preserving life and avoiding
conflict through human rights education.
The Mission sought the opinion of the Attorney General on concerns relating to the
composition of the judiciary, which is mainly comprised of foreigners and yet Seychelles is
reported to have a substantial number of lawyers who could be appointed to the bench. The
Attorney General informed the delegation about a constitutional case brought by the
Seychelles Bar Association, which is challenging the appointment of a Court of Appeal Judge
from Lesotho on the basis that he was not familiar with civil law. They are also challenging
the reappointment of judges of the Court of Appeal, after the initial 7 year contract, which
is only allowed on the existence of exceptional circumstances. The issue before the courts
that the Bar Association wants settled is what these exceptional circumstances are in the case
of these particular judges.
The matter involved interpretation of provisions of the constitution, it was brought before
the Constitutional Court. The Bar Association lost the case on a technicality and appealed to
the Court of Appeal. Because the matter involved judges who sit on the Court of Appeal, a
Panel of 3 judges from South Africa, Namibia and Swaziland was convened to hear the
matter. The Panel ruled that the Constitutional Court should hear the matter on its merits.
The matter is yet to be heard by the Constitutional Court.
In conclusion, the Mission noted that whereas Seychelles has progressive legislation with
respect to the protection of the rights of women in country, it had not yet ratified the
Protocol to the African Charter on the Rights of Women in Africa. The Attorney General
undertook to commence the process of ratification as soon as he was in possession of the
said Protocol. He was of the view that under normal circumstances ratification of the
Protocol on the Rights of Women as well as the Protocol Establishing an African Court
would not present any difficulty.
Seychelles National Party (SNP)
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SNP is the one of the two major opposition political parties in Seychelles. The delegation
met with the Secretary General of SNP, Mr Roger Mancienne and the Treasurer, Mrs
Annette Georges.
During the meeting, Commissioner Nyanduga explained how the African Commission’s
history, its composition and mandate. He said further that the African Commission is an
autonomous body within the African Union, which is responsible for its budget. It also gets
funding form international donors. He also informed them of the drawbacks that the
African Commission is sometimes faced in the implementation of its mandate.
He pointed out that during its missions, the African Commission deems it necessary to meet
with all institutions in a country in order to fully appreciate the situation in the country and it
is in this framework that the delegation requested to meet with the opposition parties.
He informed SNP that Seychelles had finally been able to submit a comprehensive initial
report in accordance with Article 62 of the African Charter. Commissioner Nyanduga stated
that the African Commissionencourages Member States to involve all its institutions, NGOs
and political parties in the drafting of the report and enquired as to whether SNP had
participated in drafting the Seychelles Report.
SNP informed the mission that they had not been involved in the drafting of the Seychelles
Report. SNP however suggested that since the Initial Report had already been submitted to
the African Commission, copies of the said Report should be availed to the opposition
parties so that if there had any issues to be taken up these will be pointed out to the African
Commission.
SNP stated that there are violations of human rights in Seychelles although not to the extent
reported in other countries in Africa. The Secretary General expressed concerns relating to
the violation of the right to work and access to information. The requirement to undergo
security clearance before getting employment within the public service or parastatals raises
concerns as it could be used arbitrarily or even abused by some employers. In this respect,
SNP informed the Mission of Alan A. Carolus who had submitted numerous applications to
Seychelles Public Transport Corporation (SPTC) for employment as a bus driver but was
refused employment. He reported the matter to the Ombudsman who after carrying out
investigations informed the man that he had been denied employment with SPTC because
he had reportedly failed the security clearance.
SNP also reported that business licensing was being used to deny people the right to work.
In some instances licences were granted for short periods of less than a year renewal of
which was difficult to obtain once the license had come to an end. SNP has previously
appealed to government to grant business licences for longer periods as people invest a lot
of money in their businesses. Non-renewal of such licences results into them losing the
capital which they had invested.
SNP remarked that as an opposition party they are operating in a political environment that
respects the basic principles of a multiparty democracy but nonetheless Seychelles has not
yet made a full transition to multipartism. For instance, normal communication channels
between the President of the Republic and the Opposition do not exist. The legislature is an
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extension of the Executive and as such the Opposition feels the need to negotiate directly
with the President which is unusual.
Concerning the independence of the judiciary, SNP referred to the controversy surrounding
the appointment and reappointment of judges and the suit brought by the Bar Association.
They informed the Mission that the Constitutional Appointments Authority (CAA) is
mandated to recommend to the President the appointments of Judges, Attorney General,
Auditor General, Ombudsman and Electoral Commissioner. The CAA is composed of 3
members. The Opposition and Government each nominate one member to the CAA and
the 2 members elect the Chair. Where there is no agreement with respect to the Chair, the
President of the country will elect the Chair.
SNP stated that they were not contented with the way the CAA functions and consequently
all the other appointments that come as a result of the CAA’s recommendations are likely to
be questioned.
The delegation was informed that the army had started taking up policing duties and as a
result there have been reports of abuse by the Army and Police especially when carrying out
arrests. During the election campaigns, the Army and Police deployed to keep law and order
acted in a discriminatory manner towards the supporters of the opposition. They noted that
in such instances, the Electoral Commissioner’s role as an arbiter is very crucial but he does
not wield enough control. He has also failed to de-link the government from political parties
especially as regards distribution of resources during campaigns amongst the political parties.
The mission informed the SNP about the Declaration of Principles on Freedom of
Expression in Africa adopted by the African Commission. Reference was made to Principle
VI, which sets out the standards that Member States should adhere to with respect to public
broadcasters.
The delegation was informed that media in Seychelles is public funded. The State owns the
Seychelles Broadcasting Corporation (SBC) and the Seychelles Nation newspaper. REGAR
is seen as the alternative press and it is closely aligned to SNP but is not a mouthpiece of
SNP. SNP has its own publication. SNP believes that public funded media should be
independent especially as regards the composition of the board members.
On freedom of the press, SNP observed that the press in Seychelles enjoys freedom to
publish anything and that there was no censorship. SNP conceded that the press sometimes
push the limits in what they publish and this has been done without major repercussions
from the government. Although occasionally defamation suits are used to bring pressure to
bear on the media and because the judiciary is not independent, the defamation suits usually
succeed.
On a positive note, SNP related that within Parliament the opposition representation has
grown. Unfortunately, SNP has no female representation within Parliament. SNP attributes
this phenomenon to the fact that as opposed to the female members of the ruling party, the
female members of the opposition fear that they will suffer negative consequences and as
such refrain from being outspoken.
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Ministry of Social Affairs and Employment
The Principal Secretary, Mrs Antoinette Alexis informed the Mission that rights of women in
Seychelles are guaranteed under the Constitution and these rights have been reflected in the
legislation and policies of the government. She reported that they are currently undertaking
an exercise to harmonise the domestic legislation in line with the international treaties
ratified by Seychelles. They are also compiling an inventory of legislation that relate to or
affect women.
Commissioner Nyanduga observed that legislation in Seychelles permitted employment of
children under the age of 15 years and questioned whether this may not encourage child
labour.
Mrs Alexis stated that given that education in Seychelles is free and compulsory, persons
wishing to employ children would have to meet certain conditions before Social Services
Department can permit such employment.
Mrs Alexis also gave a brief account of how the Family Tribunal functions. She reported that
the Family Tribunal only awards orders that protect victims from further abuse. In the case
of domestic violence, the assault has to be reported to the Police and the case pursued
through criminal proceedings. However this avenue has not always been successful because
of societal attitudes about involvement in what is considered family matters.
The delegation enquired about the level if HIV/AIDS cases in the country, and was
informed that Seychelles has a number of HIV/AIDS cases and that it is still at a
manageable level is difficult to tell the exact extent of the problem because there are still no
reliable statistics because of the stigma attached to persons who are HIV positive. There are
support groups to provide assistance to the few that have revealed their sero-status.
Awareness campaigns are being carried out to provide the population with information
about HIV/AIDS although such awareness campaigns are still not aggressive enough. The
government has set up National AIDS Commission and a National AIDS Trust Fund. The
Ministry of Health provides free Anti-Retrovirals (ARVs) and it is hoped that this may
encourage people to reveal their sero status and as such facilitate the collection of statistics.
The mission learned also that free education is provided to all school going children and
government awards scholarships to study abroad at universities because the country has no
university. But after acquiring the requisite experience in Seychelles, they find better
employment in other countries.
The Mission observed that despite the fact that there is equal access to education for
women, they are still under represented in decision-making positions. The Principal
Secretary blamed it on the fact that women in Seychelles suffer an attitudinal problem which
hinders them from pursuing their careers but encourages them to be homemakers.
Democratic Party (DP)
The Mission held a Meeting with Members of the DP, namely, Paul B. Chow, Georges R.
Bibi and Nichol Paul Gabriel. DP is one of the major opposition parties. DP was formed in
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1964 and was the dominant party on the political scene until the 1977 coup d’etat, which
instated a one party State. Seychelles was ruled under a one party State until 1992 when other
political parties were allowed to operate. With the reintroduction of multiparties, DP had to
reconstitute itself seeing as most of its leadership was in exile. The political party struggled
and participated in 3 political campaigns in 18 months namely the referendum, drafting of
the constitution and the general elections of 1993.
During the drafting of the Constitution, DP was instrumental in the successful inclusion
within the Constitution, of provisions relating to the structure of the presidential system,
protection of fundamental rights and independence of the judiciary.
With respect to the political environment within which DP is operating, the members
informed the delegation that they can exercise their political rights to some extent without
interference because they have the right to organise. They stated that certain rules that were
particularly used by the one party State to suppress the right to organise are still utilised to
the detriment of the opposition parties. For instance the Commissioner of Police decides on
whether to allow political parties to organise public meetings and virtually instructs them
when and where they can hold their meetings. Furthermore, DP complained that generally
opposition parties do not have equal access to the public media, as it is somewhat restricted.
The Mission was informed that in its relationship with the government, DP has decided to
adopt an approach that facilitates reconciliation rather than be confrontational. DP has
realised that SNP is somewhat aggressive in its approach to issues and DP believes that this
has led the Police Force to introduce measures that are restrictive towards political party
activities.
DP noted that whereas civic education was taught as a subject in schools, human rights
education and dissemination in schools and to the general public in Seychelles especially
about the Seychelles’ human rights Charter and the Constitution in general was not wide.
Acting Chief Justice
The Chief Justice was not in the country and so the delegation met with the Acting Chief
Justice, Justice Andrew Ranajan Perera who is also a Puisne Judge. The Registrar of the
Supreme Court, Daniel Cesar was also present in the meeting.
Justice Perera briefed the Mission about the Judiciary in Seychelles and its composition. He
informed the delegation that magistrates are given 2 year contracts which can be renewed
whilst judges are given a 7 year contract which can only be renewed under exceptional
circumstances. He confirmed that there were no Seychellois employed as magistrates.
Justice Perera also made reference to the case instituted by the Bar Association with respect
to the reappointment of judges of the Court of Appeal and recounted the circumstances
under which the suit was instituted.
The delegation was interested in knowing how the Constitutional Court of Seychelles can be
petitioned. Justice Perera informed the delegation that anyone who intends to petition the
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Constitutional Court should do so within 90 days and time starts running from the date of
the alleged contravention.
The Judge reported that the State provides legal aid to indigents in all cases except for
defamation suits. Provision of legal aid is provided for by legislation, which stipulates that
anyone earning an income below 2,000 rupees is entitled to legal aid. Such person makes a
declaration on a prescribed form to the effect that they earn less than 2,000 rupees. Finances
for legal aid are voted for annually but the money is generally not enough so preference is
normally given to criminal cases rather than civil suits.
In conclusion, Justice Perera noted that there are numerous suits that relate to human rights
issues that are before the courts and this in some way indicates that the public is aware of
their rights. He also noted that the judiciary does, to some extent give weight to human
rights principles when writing decisions.
Seychelles Human Rights Network (SHRN) and The Centre for Rights and
Development (CEFRAD)
The delegation held a meeting with Mr. Matthew Servina, the representative of the SHRN
and CEFRAD. He stated that CEFRAD has been in existence for the last 5 years and they
have decided to develop it into a professional centre for democracy, human rights, peace,
security, development, research and documentation. On the other hand, SHRN is a network
of all human rights NGOs in the country. It was created soon after the last promotional
mission of the African Commission in 2001. However, due to the fact that there were
upcoming elections at the time, it was somewhat difficult to carry out human rights related
activities amidst all the politicking in the country at the time.
Eventually, in December 2003, SHRN was able to organise the first human rights
conference. During that conference, participants adopted long term strategies of activities
that they would undertake to enhance knowledge about human rights within the country.
For instance it was proposed that SHRN should hold 8 public awareness seminars on Mahé,
2 seminars on the island of Prasline and 1 seminar on La Digue. The topics of these
seminars will relate to human rights but are intended to bear relevance to everyday life for
the communities.
The conference also made recommendations geared towards integrating human rights
education in schools, and raising awareness about human rights amongst the public generally
and informing persons in decision making positions and in government about human rights
issues.
Other proposed activities include, carrying out a human rights survey as part of the public
education and a human rights and peace exhibition on international human rights day on 10th
December.
This being the UN Decade for Human Rights Education, human rights NGOs have also
been engaging the Ministry of Education in issues relating to human rights education. SHRN
met and discussed with President Michel human rights issues that are of particular concern
to human rights NGOs in the country. Mr Servina reported that infact there has been
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marked progress within some sections of government in terms of discussing issues relating
to human rights. He however lamented the fact that legal practitioners were more interested
in politics, and not particularly interested in human rights or civil society work.
Making reference to the preparation of the Seychelles State Report that was submitted to the
African Commission in accordance to Article 62 of the African Charter, Mr. Servina
informed the delegation that he participated in NHAC. Meetings on behalf of Liaison Unit
of Non-Governmental Organisations of Seychelles (LUNGOS) and thus contributed to the
preparation of the Initial Report.
Mr. Servina reported that SHRN has distributed copies of the Seychelles report to all the
relevant NGOs in Seychelles and that NGOs were in the process of preparing
supplementary information on the Seychelles Report for submission to the African
Commission. This information would also be availed to the Seychelles government for their
information.
The delegation sought Servina’s opinion about concerns that had been brought to its
attention relating to abuses allegedly carried out by the army and the Police Force, and
problems suffered by small businesses in respect to obtaining licences.
Commenting on concerns raised in relation to the army/police force of Seychelles, Servina
stated that intimidation by the police was prevalent before and after elections. He informed
the Mission that it was apparent that the Police Force in Seychelles has little authority in the
country and the Armed Forces have practically taken up the role of the Police Force.
With respect to licensing he stated that SHRN is trying to lobby the Chamber of Commerce
to attend to the problem, as it is the small businesses that suffer and are affected by the
licensing laws and not the big businesses.
On the Chagos issue, Mr. Servina noted that most Member States of AU including countries
within the Indian Ocean Territory are not aware of the human rights violations that the
Chagos people face. He urged the African Commission to raise awareness about this issue in
order to place it within international scrutiny because this may bring pressure to bear on the
countries involved to attend to the problem.
In conclusion, Servina reiterated that human rights NGOs are committed to assisting
Seychelles fulfil its obligations.
Department of Internal Affairs
The delegation met with Principle Secretary of the Department of Internal Affairs, Mrs
Marie-Ange Houareau and the Commissioner of Prisons, Col. Daniel Antoine Marengo. She
informed the Mission that the Department oversees the administration of prisons,
registration of births, deaths and immigration matters. She reported that in terms of
immigration problems, Seychelles does not host any refugees or asylum seekers.
14
The delegation wanted to know the status (is) accorded Chagossians living in Seychelles. The
Principal Secretary reported that she did not think there were many Chagossians living in
Seychelles but undertook to look into the matter.
On conditions of prisons in the Seychelles, she stated that there are 2 prisons in Seychelles
namely, Long Island Prison, which is currently holding 157 inmates, and High Security
Prison, which is presently holding 41 inmates. She reported that the inmates held at Long
Island Prison are mainly first offenders while those being held in the High Security Prison
are mostly multiple offenders and inmates serving long terms.
The 2 prisons have good rehabilitation programmes and have recently employed on a
permanent basis a counsellor for the inmates. The Principal Secretary reported that the
Prisons Administration had noticed an odd phenomenon occurring in the prisons, whereby a
number of inmates are converting from Christianity to Islam, and attending to their
requirements arising from their religious rites sometimes becomes difficult. The authorities
suspected that such conversion was done by some inmates in order to take advantage of
certain facilities which are given to Muslims. Interestingly these converts have continued as
Muslims even after they have been released.
In concluding the Meeting, Commissioner Nyanduga informed the Principal Secretary about
the African Commission mechanisms and specifically about the Special Rapporteur on
Prisons and Conditions of Detention in Africa, her mandate and scope of activities when she
visits Prisons in Member States.
Constitutional Appointments Authority (CAA)
The Mission held a Meeting with the Chairperson of the CAA, Mr. France G. Bonte. He
informed the delegation that the CAA is composed of 3 members, 2 of whom are drawn
from the ruling party and the opposition party. The 2 members nominate the Chairperson
and where they fail to agree on such nomination, the President of Seychelles is mandated to
nominate the Chairperson. Members of the CAA serve for a term of 7 years and Mr. Bonte
is currently serving his second term as the Chairperson of the CAA.
Mr Bonte stated that among other duties, the CAA is responsible for recommending for
appointment, the Attorney General, Judges of the Supreme Court and the Court of Appeal,
Chair of the Civil Service Board, Presidential Pardon Board, Registrar General and Electoral
Commissioner.
The Mission informed Bonte of the concerns raised with respect to the Judiciary in
Seychelles. Bonte confirmed that all the magistrates in Seychelles were foreigners and that
except for two judges, all the judges of the Court of Appeal and Supreme Court were also
foreigners. He stated that because the population of Seychelles is very small and every one
within the community is familiar with each other, in order to allow the judiciary to be
independent, the CAA has not considered it a priority to appoint Seychellois judges. He
reported that there is political polarisation within the Bar Association and generally amongst
lawyers in Seychelles. Most lawyers in Seychelles are strongly allied to either the ruling party
or the opposition parties and this is evident in how they carry out their professional duties.
Given such circumstances therefore, the view is that only when the Seychelles Bar matures
15
will they gradually be appointed to the Bench. In any case, he stated, several lawyers have
been solicited to become judges but they have declined because judges are not highly
remunerated (between 15,000 to 25,000 rupees) in comparison to what they earn as private
practitioners.
The Chairperson of the CAA expressed the opinion that he did not believe that the issue of
reappointing judges, only where exceptional circumstances exist to do so, should be a matter
of contention before the courts. Because if a judge performs his functions without any
complaints being raised then that should qualify as an exceptional circumstance on which the
judge can be reappointed.
National Children’s Committee (NCC)
In a meeting with Mr Jean Claude Matombe, the communications manager of NCC, he
stated that NCC was a statutory body and is financed by government subventions.
He recounted that NCC’s activities include advocacy against sexual abuse, monitoring child
protection agencies within the country and creating awareness about children’s rights and
parents’ duties towards their children. Because Seychelles has legislation that bans use of
corporal punishment, NCC also endeavours to inform the general public about this
legislation and further advocate for alternative punishment or disciplining of children.
Mr. Matombe informed the Mission that Seychelles had submitted its report to the UN
Committee on the Rights of the Child and that NCC had prepared an alternative report
providing information on the status of the rights of the child in the country. Through a
Committee comprised of NGOs and the relevant government institutions, NCC is presently
following up on the implementation of the concluding remarks issued by the UN Committee
on the Rights of the Child. With respect to the African Charter on the Rights and Welfare of
the Child, he related that NCC would soon develop programmes geared towards raising
awareness about it.
Generally, Mr Matombe reported that the government of Seychelles had made significant
progress in terms of promoting and protecting the rights of children especially in the area
healthcare and education.
Of concern however, were increasing reports of sexual and physical abuse of children. While
such reports are worrying, it is commendable that where before cases of sexual abuse would
have gone unreported, because of increased awareness they are now being reported.
Responding to the delegation’s enquiry about whether there were children living on the
streets, Mr Matombe reported that there were none. Instead, there are children who have
been neglected because their parents work in the hospitality industry which requires them to
work long hours and (also) night shifts. Also common in Seychelles are female headed
households with the woman as the sole income earner. Most adult males are unemployed As
such, children from such families are often neglected and consequently they have been
targeted to peddle drugs.
16
Matombe also reported that there is a growing rate of suicides in the country especially
among the youth and as such NCC has started programmes that provide counselling and
guidance for the youth.
Commissioner Nyanduga enquired about the Family Tribunal and whether NCC closely
works with it. Matombe informed the delegation that there are 15 members on the Family
tribunal and only 5 members sit to hear a matter at any one time. The Chair and Vice Chair
have legal background and sit in on all matters brought before the Tribunal. The Family
Tribunal hears matters relating to family maintenance and restraining orders.
Mr. Matomber informed the Mission that NCC has evaluated cases that are brought before
the Family Tribunal and how matters brought before it are handled. They have
recommended, that the Family Tribunal should also hear divorce cases. The Family Tribunal
should also take into consideration assessments made by social services and other
institutions that deal with children before issuing orders.
Ombudsman
During the meeting with the Ombudsman of Seychelles, Mr. Cedric Gustave Dodin, he
informed the Commissioner that the office of the Ombudsman was established under the
1993 Constitution and that he had only been appointed into office in January 2004.
The mandate of the Ombudsman is wide and includes undertaking investigations into
reports of human rights violations, corruption, administrative actions taken by certain public
authorities. The Ombudsman can initiate proceedings relating to the constitutionality of a
law or of the provisions of a law. In undertaking his/her duties the Ombudsman is
mandated to initiate investigations into a matter.
The Constitution of Seychelles invests the Ombudsman with the same power as a judge of
the Supreme Court, in respect of the attendance of a person before him, the examination of
any person in relation to an investigation, the production of a document or record relevant
to an investigation and the inspection of premises.
After investigating a matter, the Ombudsman makes recommendations to the relevant
Ministry, governmental body or institution against which the complaint was made, a copy of
which is also submitted to the President of the country. Although these recommendations
are not binding, if the relevant bodies do not take appropriate action as recommended, such
inaction can be brought to the attention of the President.
Mr Dodin also informed the Mission that the Office of the Ombudsman is required to
submit an annual report Parliament.
The Ombudsman reported that the Office of the Ombudsman received about 800 cases in
2003 but investigated about 95 cases only. This is because most of the matters reported do
not necessarily fall within his office’s mandate. The office has also noted that there are not
many reports made relating to corruption.
17
Commissioner Nyanduga informed the Ombudsman the mission had received concerns
relating to licensing especially of small businesses. In response the Ombudsman stated that
his office had not received any complaints or reports to that effect. He however reported
that in the case of taxi drivers, licenses are issued on the basis of a quota system. Once the
quota has been reached no more taxi driving licences are issued and complaints may arise
because the prospective taxi drivers are not aware of this system.
Commissioner Nyanduga enquired further about the case of Allan A. Carolus the bus driver
who had been refused employment with SPTC for failing to meet security clearance
requirements. Mr. Dodin informed the Commissioner that Carolus had submitted 12
applications to SPTC for a job but he was unsuccessful. The matter was reported to his
office and on investigation, were informed that the Security Unit of the President’s Office
did not recommend Carolus for employment as a driver with SPTC. This information was
passed on to Carolus.
The Ombudsman informed the delegation that all civil servants prior to employment are
subjected to this system of security clearance which is administered by the Security Unit
within the President’s office.
The Mission enquired as to whether the requirement of security clearance is based on
legislation. The Ombudsman was not informed of any legislation in this regard, however he
was of the view that anyone whose job application fails on the basis of security clearance
deserves to be informed the reasons so that he can challenge them in court.
Commenting on appointments to the Judiciary in Seychelles, Mr. Dodin noted that
practising lawyers in Seychelles are really not interested in taking up judicial positions
because judicial officers are not well remunerated. In addition, because the population of
Seychelles is very small and the community is close knit, it would present problems for
Seychellois judges to dispense justice, as they most likely would know offenders appearing
before them and as such would always have to recuse themselves from hearing matters.
In conclusion, the Ombudsman informed the Mission that his office was understaffed.
Beside himself, there are only 2 investigators and the office does not have a legal section
employing lawyers. Nonetheless, the Office is endeavouring to carry out its functions within
the limited means.
Seychelles Bar Association
The President of the Bar Association of Seychelles, Mr. Phillip Boullé informed the
delegation that the Bar Association is established as an amalgamated company. The
Constitution of the Bar Association sets out the objectives of the Association which include
promoting and assisting with the training of lawyers and legal personnel, to disseminate
information on legal profession, promote and encourage law reform, research into law
related subjects.
He reported that besides State Counsels, there about 35 lawyers licensed to practice in
Seychelles and only about a third of the 35 are members of the Bar Association. There are
about 7 female practicing advocates but there are no females in judiciary.
18
Mr. Boullé noted that human rights are guaranteed under the 1993 constitution however
enforcement and implementation of these rights by the relevant government institutions is
presently very weak. For instance, it is difficult for lawyers to access the constitutional court
in respect to cases that relate to the Charter of Fundamental Rights within the Seychelles
Constitution. Only a person who has been directly affected can institute a matter before the
Constitutional court and this should be done within 90 days from the date the alleged
infraction is alleged to have taken place.
Commenting on the state of the judiciary in the country, the President of the Bar
Association expressed dismay that there were hardly any Seychellois judges on the bench
except 2 who previously held Mauritian and Srilankan citizenship but are now naturalised
Seychellois. He expressed the view that citizenship was granted to foreign judges in order to
circumvent the controversy relating to the reappointment of foreign judges. He reported that
positions of magistrates in Seychelles are never advertised in order to allow Seychellois to
submit applications for any vacancies. He said that during the colonial times there were
Seychellois in the judiciary but because the one party State wanted to exercise control over
the judiciary they decided to employ foreign judges and magistrates.
Mr. Boullé stated that contrary to what some persons are saying that private practitioners are
not interested in serving on the bench, he is aware of several lawyers who would be
interested in taking up positions on the bench.
Mr. Boullé informed the delegation about the court challenge instituted in respect of the
reappointment of judges who had already served a 7 year contract and the appointment of a
Court of Appeal judge from Lesotho. The case is still before the courts and this has affected
the functioning of the Court of Appeal, as all the judges are parties to the court case.
In conclusion, the President of the Bar Association stated that the Association is trying to
get established by statute and its mandate extended to include handling of disciplinary
matters with respect to lawyers. Presently the Chief Justice is responsible for enrolling
lawyers and for matters relating to disciplining of lawyers.
Seychelles Media Association
The delegation informed the Chairperson of the Seychelles Media Association Ms. Beryl
Pillay that the African Commission considers freedom of expression to be a fundamental
human right and is also a means by which other human rights and freedoms are respected.
The media is therefore considered to be an important institution within any country and
missions of the African Commission endeavour to meet the media in order to discuss with
them the problems that they may meet in the course of carrying out their functions.
Commissioner Nyanduga appraised Ms. Pillay of the efforts undertaken by the African
Commission to protect the right to free expression and about the Declaration of Principles
on Freedom of Expression in Africa which was adopted by the African Commission at its
32nd Ordinary Session in 2002.
19
He informed her that the Declaration of Principles elaborates on Article 9 of the African
Charter, which guarantees the right to freedom of expression and sets important
benchmarks based on which this right can be protected.
The Chairperson of the Seychelles Media Association, Ms Pillay informed the Mission that
the Association is not a professional body that ensures media standards but a social
association that facilitates social meeting between journalists. There are 6 paid up members
of the Association.
She stated that there are 3 newspapers in Seychelles - the People and the Nation are
government owned whilst the REGAR newspaper has policies that are in line with the
opposition. Various media houses determine what is published according to their own
editorial policies. Ms Pillay reported that generally the public media gives some coverage to
activities of the opposition.
Ms Pillay stated that journalists in Seychelles undergo very good training however they are
frustrated because they cannot put the skills acquired to practice as they are compelled to
practice self censorship based on the editorial policies of their respective employers.
The National Assembly
Mr. Francis E MacGregor is currently the Speaker of the National Assembly of Secyhelles
and had also served as such during the one party rule. He informed the Mission that since
the end of the one party State, Seychelles has basically been in transition. The political
situation is slowly improving and people are learning to accept that Seychelles is now a
multiparty democracy. This is further evidenced by the growing representation of the
opposition within the National Assembly.
Commissioner Nyanduga informed the Speaker that it had been alleged by some of the
persons met by the delegation that the National Assembly is not critical of the Executive and
is therefore only a rubber stamp. The Speaker observed that this cannot be true especially
since Ministers who implement policies of the government are not elected members of the
National Assembly. This situation thus makes it possible for the legislature to insist that the
Executive be accountable to it.
He stated however that during his tenure as Speaker he has noted that some persons have
tended to blur the distinction between their political affiliation and their professional jobs to
the detriment of their work.
Secretary of State
The delegation was not able to meet with the President of Seychelles but met with the
Secretary of State in the Office of the President, Mr. Alain Butler Payette who indicated that
he would convey any concerns raised by the Mission to the President.
Commissioner Nyanduga informed Mr. Payette that in the course of the mission, several
issues had arisen, which should be brought to the attention of the Office of the President,
namely the status of the Chagossians in Seychelles, concerns about the Army taking up
20
policing roles rather than the Police Force, concerns raised in respect of the judiciary, and
concerns relating to the selective issuance of business licences, and the requirement to
undergo a security clearance to persons seeking employment within public service, as
constraints to the enjoyment of the right to work, and the possibility of abuse of the said
discretion, by executive functionaries.
The Secretary of State recounted the history surrounding the Chagos controversy. He stated
that when Seychelles attained independence in 1976, several islands administered by the
British Indian Ocean Territory (BIOT) were transferred to Seychelles and Mauritius.
However, the British government retained the islands comprising of the Chagos Archipelago
and the largest of these islands, Diego Garcia was leased to the United States by Britain for
the construction of a military base. Consequently, Chagossians were evicted from their
Islands and sent to Seychelles and Mauritius.
Following their expulsion, the Chagossians began drawing attention to their plight, thus
prompting the British to grant them British citizenship. It is alleged that some Chagossians
were granted such citizenship without the right to work in Britain.
Chagossians of Seychellois ancestry are now Seychellois citizens and have therefore been
integrated into the Seychellois society. However, with respect to those Chagossians who
have been unable to obtain citizenship through naturalisation because the fees charged by
the immigration authorities are prohibitive, Payette stated that the government of Seychelles
was looking into the matter and would endeavour to facilitate acquisition of such citizenship
by Chagossians so that their status in the country can be regularised.
Regarding concerns raised about the Armed Forces and policing, Mr. Payette informed the
delegation that this is not the norm. Assistance by the Army is requested only in extreme
circumstances and in the last 12 years, this has been done in about 5 or 6 occasions. The
Army was called upon to assist the Police during the electioneering period and early in 2004
when there were repeated incidences of violence carried out by a group of gangsters. The
police was unable to cope mainly because at the time they were not well equipped with
vehicles and other policing equipments.
The Police and the Army had joint patrols that were always led by the Police, who were also
responsible for effecting arrests and not the Army. In any case, reports of abuse cannot be
based on lack of human rights training because the Red Cross has trained both the Police
and the Army in respecting human rights when handling suspected criminals and any
reported cases of abuse are usually dealt with.
Relating to the concerns raised about security clearance, the Secretary of State stated that not
all persons employed within the public service are required to undergo a security clearance if
they are not employed within sensitive jobs. At this point, the delegation drew Mr. Payette’s
attention to the case of the bus driver who had applied to work with the SPTC but had been
refused because he had failed the security clearance. The Secretary of State promised to look
into the matter.
Concerning the issue of licensing, the Secretary of State stated that at some point it was the
taxi drivers who suggested that they be given short term licences so that they can be
21
continually vetted. This arose when there were numerous reports of assaults of tourists by
taxi drivers and in some cases reports that taxi drivers were involved in drug trafficking.
Once this measure was introduced, there was a decline in reports of assaults of tourists and
now the licensing authority is issuing one year licences. Payette however informed the
delegation that because of the low tourist season, the licensing authority has placed a
moratorium on issuance of new taxi driving licenses.
With respect to the judiciary, Mr. Payette informed the delegation that President Michel is
considering appointing Seychellois as magistrates but also stated that most private
practitioners in Seychelles are not likely to take up any positions within the judiciary because
judicial officers are not well remunerated.
In concluding the meeting, Commissioner Nyanduga informed the Secretary of State that the
African Commission would like Seychelles to ratify the Protocol Establishing an African
Court on Human and Peoples’ Rights and the Protocol on the Rights of Women in Africa.
The Secretary of State informed the delegation that Seychelles would not have any problem
with ratifying the said instruments as long as such ratification does not have any financial
implications on Seychelles. Mr. Payette related that contributions to institutions is normally
calculated on the basis of a country’s GDP per capita. Seychelles has a high GDP per capita
and as such the contributions these institutions require from it are normally high and yet
being a small country this has often strained its finances. It is because of this that Seychelles
decided to withdraw from the Southern African Development Cooperation (SADC) because
it could not afford to pay its dues to the organisation. It is now the policy of Seychelles not
to ratify instruments that will impute any financial contribution that is likely to be exorbitant.
The Commissioner assured the Secretary of State that ratification of the aforementioned
instruments is not likely to have any financial implications, besides the obligations by
Seychelles to contribute to the regular budget of the African Union, and urged Seychelles to
ratify them
Representatives from women’s organisations
The delegation of the African Commission also held a meeting with representatives of
women’s organisations in Seychelles. In attendance at this Meeting were representatives of
Gender Media Plus (GEMPLUS), Alliance of Solidarity for the Family (ASF), Seychelles
Women’s Commission (SWC) and Seychelles HIV/AIDS Links Association (SHALA).
Commissioner Nyanduga informed the members present about the African Commission, its
mandate and its activities. He informed them that of particular interest to the organisations
at the meeting is that the Protocol on the Rights of Women in Africa had been adopted by
the Assembly of Heads of State and Government (AHSG) in Mozambique in 2003, but as at
that date only three African Union member states, namely The Comoros, Rwanda, and Libya
were the only states to have ratified the Protocol. The Commissioner also informed the
meeting about the African Commission’s Special Rapporteur on the Rights of Women in
Africa and encouraged the organisations to work with her and provide her with information
on the status of women’s rights in Seychelles. He noted that whilst legislation protecting
women’s rights in Seychelles was progressive, Seychelles had yet to ratify the Protocol. He
therefore urged the organisations to lobby the government of Seychelles to ratify the
22
Protocol on the Rights of Women in Africa, as this would ensure further protection of the
rights of women at the regional level.
The representative of ASF informed the Mission that the organisation works in the area of
reproductive health rights especially amongst the youth. She disclosed that the reproductive
health rights of women in Seychelles are not promoted and this attitude stems from negative
cultural beliefs. Consequently it is the women who have suffered the brunt of HIV/AIDS.
ASF therefore endeavours to create awareness about reproductive health rights through
sensitisation and training workshops that also encourage women to acquire leadership skills.
It was reported that sexual abuse especially of young girls and boys is a problem. A large
number of rape and incest cases are instituted by the Police, but unfortunately the courts are
lenient when sentencing offenders in such cases. Even where sexual offenders are
incarcerated, the representative of ASF revealed that there are hardly any rehabilitation
programs that focus on reforming sexual offenders.
ASF also cited that another problem that exists in Seychelles is domestic violence. To
address this problem, ASF established a committee on violence against women and children
which is composed of all NGOs and relevant government institutions.
The representative of ASF however noted that generally there have been improvements in
the promotion of human rights in the country even though there is still more to be done in
terms of educating the general public about women’s rights.
Members present at the meeting informed the Mission that they generally find it difficult to
access the public media especially the television to air programmes relating to family issues.
The representative of GEMPLUS who also works with the Seychelles Broadcasting
Corporation (SBC) informed the meeting that SBC may have failed to facilitate airing of the
said programmes because of lack of funding, inadequate equipment, absence of qualified
producers and personnel to properly cover family gender related issues. It was therefore
suggested that NGOs should collaborate with GEMPLUS to come up with proposals for
SBC to consider for broadcasting during the forthcoming year.
The delegation observed that whereas there is equal access to education for both girls and
boys, women were underrepresented in decision making and leadership positions and sought
to know why this was the case.
Members at the Meeting informed the Mission that statistics reveal that while boys are
dropping out at secondary school level, the girls seem to be doing better but begin dropping
out at post secondary school level usually because of pregnancy. Also because of cultural
beliefs, girls believe that they should dedicate time to family life rather than pursue a career
and that is why women are underrepresented within leadership positions in public life.
Inspite of this, women in Seychelles are heads of households and the main income earners in
households. This is because Seychellois men rather than take up jobs that are considered
menial, prefer to remain unemployed and survive on unemployment benefits provided by
the State until they can obtain white-collar jobs. For instance, the Indian Ocean Tuna
Factory has placed numerous job adverts with good benefits and good working hours and
23
encouraged Seychellois to apply for jobs. However Seychellois men refuse to take up these
jobs and as a result the factory has been forced to recruit foreigners. Thus NGOs have
realised that there is a need to raise awareness amongst the male population in Seychelles
about their responsibilities within a family.
In conclusion, the meeting had discussions relating to the scourge of HIV/AIDS. Members
present felt that because Seychelles has a very small population, it was pertinent to embark
on aggressive awareness programmes relating to HIV/AIDS in order to stop it from
spreading as the social and economic impact of high HIV/AIDS rates would be devastating.
Furthermore, Seychelles is disadvantaged because it has a high GDP per capita and is
therefore not considered a country that requires aid.
Minister of Foreign Affairs
The Mission also met with the Minister of Foreign Affairs, Mr. Jérémie Bonnelame. Also
present during the Meeting was William Bell, Technical Adviser to the Ministry of Foreign
Affairs.
Mr Bell gave a brief of how the report was prepared and summarised its contents following
which, the Minister presented an official copy of the Report to Commissioner Nyanduga.
The Commissioner urged the Minister that it is essential that Seychelles sends a delegation to
present the Report to the African Commission. He explained that the process of examining a
State Report allows dialogue to ensue between the African Commission and the State
concerned.
The Minister enquired about the preliminary impressions of the Mission, to which
Commissioner Nyanduga responded that the Mission had observed that there seems to be a
lack of awareness amongst the Seychellois about the existence and mandate of the African
Commission. Concerning the human rights situation in the country, Commissioner
Nyanduga told the Minister that from the mission’s observations, the situation was that
human rights are respected, though there was scope for further promotion and increasing
public awareness of the basic rights as already provided for under the Seychellois
constitution. Such awareness could be facilitated through the public media. There were
concerns that accessing the public media in this respect was somewhat difficult. The
delegation also informed the Minister about concerns relating to the status of the
Chagossians in Seychelles, reports of the Army taking up policing roles rather than the Police
Force and concerns about the judiciary.
The Minister informed the Mission that the government has incorporated human rights into
the curriculum of schools and in police and army training schools. However, the government
intends to ensure that this seriously implemented. With respect to dissemination of human
rights issues within the media, the Minister stated that the public media does feature some
articles and programmes on human rights related issues although admittedly the scope
covered is not too wide. The Minister reported that SBC is encouraged to collaborate with
NGOs and civil society to come up with programmes that are relevant to the general
community and especially to air local content rather than foreign content.
24
Furthermore, the NHAC is mandated to disseminate human rights within the country,
however because the government has not allocated any budget to its activities, it has not
been possible for the NHAC to fully carry out its mandate. The Ministry of Foreign Affairs
hopes that soon a budget will be allocated to allow the NHAC to carry out its mandate.
Commenting on concerns about use of the Army for policing duties, the Minister stated that
the Army had only been used in special circumstances when more personnel and equipment
were required to handle a problem. It has also been observed that in comparison to the
Army, the Police lacks authority within the community. He related that within the army there
are special units that have been trained to assist with policing when necessary. The Minister
however added that only special units within the Army that are trained to assist with policing
are used.
Referring to the case of the appointment and reappointment of foreign judges, and in
particular the practice of employing foreigners into positions of authority, the Minister
pointed out that it should be borne in mind that with a small population such as that of
Seychelles, everyone knows everyone and most are related. In such circumstances, neutrality,
independence and objectivity of persons in positions of authority in the country is affected.
However, he acknowledged that there is a need to create a balance between employing
expatriates and literate Seychellois. Presently, 20% of the workforce in the country are
foreigners.
Regarding the Chagossians living in Seychelles, the Minister reported that the government is
trying to address their concerns. He reported that Chagossians came into Seychelles in the
early 1970s and during the change of government in 1977 they were given jobs and houses
especially as most were part Seychellois. He stated that Chagossians including those who are
not naturalised Seychellois citizens if any, are entitled to the social benefits offered to all
Seychellois. The Minister conceded that in order to obtain Seychellois citizenship by
naturalisation, the applicant has to pay an amount which some people may not afford.
However, he confirmed that the Ministry of Foreign Affairs is prepared to consider
minimising the costs that Chagossians living in Seychelles should pay in order to acquire
citizenship. Furthermore, the Minister reported that the Ministry of Foreign Affairs has been
instructed to carry out a study on the status of Chagossians living in Seychelles, which will
include finding out exactly how many are living in Seychelles and their living conditions. This
will enable Seychelles to facilitate them to acquire citizenship and also to facilitate their
integration into the Seychellois society.
In concluding the Meeting, Commissioner Nyanduga urged the Minister of Foreign Affairs
to facilitate Seychelles’ ratification of the Protocol establishing an African Court on Human
and Peoples’ Rights, and the Protocol on the Rights of Women. The Minister assured the
Mission that Seychelles would ratify the said instruments in as long as such ratification does
not have any financial implications on Seychelles. He reminded the Mission that Seychelles
had to withdraw from SADC because they could not afford to pay their dues to the
organisation. He also suggested that small countries should not be required to pay dues
based on their GDP per capita because this is misleading and that the African Union has
taken this into consideration and come up with more realistic means by which small
countries can make their contributions.
25
Police Force
The delegation met with the Commissioner of Police, Mr. Andre Quilindo who stated that
the duty of the police in Seychelles is to keep law and order in the country. He explained the
arrest procedures and stated that persons arrested have a constitutional right to due process
and legal representation and that the police normally respects this. He reported that the
general rule is that persons who have committed minor infractions will not be held without
charge for more than 48 hours. However, certain offences are non-bailable.
In terms of human rights awareness, Mr Quilindo, informed the Mission that the curriculum
of the Police Academy incorporates human rights training.
Commissioner Nyanduga informed the Commissioner about the Guidelines and Measures
for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or
Punishment in Africa. He enquired whether there are reported cases of torture and whether
torture is a criminal offence in the penal statutes of Seychelles.
Mr. Quilindo informed the delegation that although he could not completely rule out that
there could be incidences of torture taking place. He had not received any reports of torture
against police officers. He reported that the media had reported cases of police brutality but
on investigation they were discovered to be unfounded.
The Commissioner of Police recounted that once a complaint of brutality is brought against
a Police Officer, an investigation into the complaint is undertaken by Board of Enquiry
within the Police Force. The Board of Enquiry is composed of a senior officer, a junior
officer and privates. There are no civilians sitting on the Board. Once a police officer is
found guilty of the charges levelled against him/her, s/he will be penalised, charged or
suspended from the Police Force, whichever punishment is appropriate.
With respect to the complaints relating to involvement of the Armed Forces in policing, the
Commissioner of Police informed the Mission that at the time there were reports of
gangsterism and the Police Force had been unable to handle the situation. The Police
therefore called for assistance from the Armed Forces in terms of human power and
logistics. In all instances, it was a Joint Force led by the Police with the Army as back up.
With the help of the Armed Forces, about 90% of the gangsters were arrested and the items
that they had stolen were recovered. Admittedly in some instances there could have been
some excesses on part of the Army or Police Officers but the use of torture is not common.
Mr. Quilindo indicated that the government was committed to improving policing within the
country shown by introduction of community policing. Furthermore, the problem of
inadequate resources within the Police Force is being addressed. Resources have now been
availed and training curricula of Police Officers has also been improved. In terms of
equipment, the Police Force has several vehicles fitted with Global Positioning System
(GPS) communications system and more such vehicles are expected. Where before the
police was under a decentralised regional police system, it has now been centralised and they
have realised that this facilitates the work of the police. Police Officers are now provided
with cell phones that are connected to the GPS and this facilitates better policing and even
assists in tracking down errant police officers.
26
At the end of the Meeting, Commissioner Nyanduga was curious to know how it was
possible for prisoners to escape from Long Island Prison as reports in the newspapers in
Seychelles had reported that a prisoner had escaped. The Commissioner of the Police Force
informed the Mission that until recently, escapes from Long Island Prison were possible
mainly due to lack of security and sometimes because of corrupt wardens who were letting
out prisoners. This was realised when some prisoners escaped and went to carry out
robberies on Mahé and went back into detention. However, this has now been addressed, as
they were changes within the administration of the prisons
Meeting with Civil Society NGOs
The delegation met with Mr. Bernard Elizabeth from the Liaison Unit of NonGovernmental Organisations of Seychelles (LUNGOS). Present during this Meeting were 4
members from the Chagossians Association in Seychelles and a Member of the Youth
Parliament who is also sits on the NHAC. Commissioner Nyanduga explained about the
establishment, mandate and activities of the African Commission. He explained that the
delegation of the African Commission was in the country on a promotional mission, which
is one of the ways by which it informs governments and civil society about the African
Commission and the African Charter.
Commissioner Nyanduga related that the African Commission recognises that NGOs are
valuable partners in the promotion and protection of human rights in Africa. As such, the
African Commission adopted a resolution on the criteria of granting observer status to
NGOs in order to strengthen its cooperation and partnership with NGOs working in the
field of human rights. He explained the process of applying and being granted observer
status with the African Commission.
The Commissioner also explained to the NGOs about the Special Rapporteur Mechanism of
the African Commission, which is an innovation to deal with specific human rights issues
that require its special attention.
Mr. Elizabeth informed the Mission that there are about 80 NGOs in Seychelles but that not
all are members of LUNGOS. LUNGOS has been in existence for about 10 years although
it has not always been active. The Organisation gets a small grant from the Seychelles
government and members are required to make an annual contribution of 200 rupees.
LUNGOS also has some profit making projects that brings in some finances.
On the situation of human rights, he stated that generally there is a lack of awareness among
the populace about human rights. Otherwise there is not much of a problem relating to
human rights abuse. Seychellois have access to land, enjoy social welfare, free education and
health care among others. Mr. Elizabeth however reported that due to a huge influx of
foreigners taking up jobs that Seychellois have rejected, there are reports that xenophobia is
on the increase among the Seychellois.
Chagossians Association
27
Four members of the Chagossians Association were present during the Meeting, namely,
Ginette Charles, Henri Charles, Bernadette Dugasse and Bernard Nourriee. They informed
the Mission that there are about 1,200 Chagossians living in Seychelles. Some of their
members had acquired both British and Seychellois citizenship, others did not have any
status although they had been living in Seychelles for years. Those that have been granted
citizenship had Seychellois ancestry. The Chagossians without any status are unable to
acquire Seychellois citizenship mainly because they cannot afford to pay the fees required by
the immigration department. Others do not have documentation because they lost such
documentation when they were expelled from the Chagos Island. As such they cannot verify
that they are Chagossians and have since their expulsion been living in Seychelles.
The Members stated that generally as Chagossians, including those that have been
naturalised as Seychellois, face discrimination. For instance, they cannot get employment
within the public service of Seychelles, possibly because their identity card numbers have a
number 5 added to it.
This belief was however dispelled by Mr. Clifford Andre who is a Seychellois. He explained
that the number 5 was only an indication that one was not born in the Seychelles and that he
too had the number 5 reflected on his identity card but had been employed as a Coast Guard
which is within the public service.
Following some discussion, it was realised the Chagossians living in Seychelles have not been
well organised in coming up with a clear strategy to lobby the government of Seychelles for
their rights.
Commissioner Nyanduga however informed the Chagossians present about the discussions
that the delegation had held in this respect, specifically, with the Minister of Foreign Affairs,
Mr Bonnelame and the Secretary of State, Mr Payette. He assured them that the government
of Seychelles was aware of the problems that they had raised and that they had promised to
address the problem of the Chagossians living in Seychelles.
Youth Assembly
The representative of the Youth Assembly, Mr. Clifford Andre informed the delegation that
the Youth Assembly is a voluntary non-profit making project which was established under
the Ministry of Education and Youth. The Youth Assembly is not a legislative body but an
educational programme whose main objective is to encourage the youth in Seychelles to
discuss issues and problems and also learn to respect other people’s opinions. Youth
Assembly Members also participate in human rights related activities.
The programme runs for a period of one year after which new Members of the Youth
Assembly are voted in. He reported that his group is coming to end of its term, however it
had 42 Members half of whom were girls. The new group has 33 girls and only 5 boys.
In conclusion, Mr. Andre informed the Mission that as part of the outgoing Youth Assembly
they are planning to form a former Youth Assembly Association to carry on programmes
that reflect the values acquired whilst they were Members of the Youth Assembly.
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Technical Advisor
The delegation also held a Meeting with William Bell, Technical Advisor to Ministry of
Foreign Affairs. Also present during this meeting were staff members from the Ministry of
Foreign Affairs, namely, Elizabeth Charles, Sandra Michel and Carl Bellmore.
Commissioner Nyanduga reiterated the importance of Seychelles sending a delegation to
present the Seychelles Report. He explained in depth the procedure that the African
Commission follows when examining a State Report.
Commissioner Nyanduga also gave a brief of the various meetings that the mission had held
with senior state and government officials, and civil society organisations, and the issues
discussed, especially the concerns raised by the Bar Association and the opposition parties.
Mr. Bell noted that some of the concerns raised were relevant. He however pointed out to
the Mission that Seychellois lawyers are polarised along political lines and often see problems
in that light.
He related that in order to allow dialogue between the President and the opposition, a
Consultative Council had been established and the opposition urged to use it to address any
concerns that they may have. Furthermore, the President had also established an Economic
Council to allow all the relevant institutions and civil society to discuss and dialogue on the
economy of the country with a view to suggesting ways of improvement.
Regarding the NHAC, Bell reported that it was established by a decision of Cabinet in 2001
and its membership is representative of the Office of the Attorney General, Police Force,
Ombudsman, Defence Force, Red Cross, CEFRAD, Ministries of Health and Education.
The main objectives of the NHAC are to create awareness and disseminate information on
human rights and humanitarian law and their implementation in Seychelles and also advise
government in that respect, assist with the preparation of reports to treaty bodies. To this
end, humanitarian law has been included as a subject in the curricula of secondary schools.
In order to carry out its mandate, the NHAC collaborate with agencies and institutions that
work in the abovementioned areas although in some instances, such cooperation has not
been forthcoming on part of some NGOs. However, the NHAC has not been able to
achieve much especially with respect to disseminating human rights information because
they have not been allocated a budget and therefore have limited human and financial
resources. The NHAC reports to the Ministry of Foreign Affairs.
VISIT TO PRISONS
Long Island Prison
The Commissioner of Prisons, Col. Daniel Antoine Marengo and the Chief Inspector of
Prisons, Gelage Houareau accompanied the delegation to Long Island Prison. At the time
29
the African Commission’s visit, Col. Marengo had been serving as Commissioner of Prisons
for less than a year. The Prison is situated on an Island known as Long Island and that is
where the Prison derives its name. It was originally built as an army base not as a prison.
During a brief Meeting at Long Island Prison, Commissioner Nyanduga explained that it was
normal during a Promotional Mission for a delegation of the African Commission to
undertake a visit to one of the Prisons in the country visited in order to appreciate to some
extent the conditions of detention. He explained the special rapporteur mechanism of the
African Commission, particularly that of the Special Rapporteur on Prisons and Conditions
of Detention in Africa examines the situation of prisons and conditions of detention, in
member states and makes recommendations aimed at ensuring the protection of persons
held in prisons or in detention.
The Commissioner of Prisons informed the delegation of the African Commission that
Long Island Prison has a capacity of 118 to 120 inmates. However, at the time of the
Mission’s visit there were 157 inmates held at Long Island Prison, of which 8 were women.
Among the inmates held at Long Island Prison, were 8 foreigners – that is, 3 Kenyans, 3
Mauritians, one Congolese and one Indian for offences related to drug trafficking and theft.
Col. Marengo stated that because of the increase in the prison population, there is a proposal
to transfer most of the prisoners to the High Security Prison in Mahé.
In terms of sleeping arrangements, the Commissioner of Police stated that only persons on
remand and those serving life imprisonment are held separately. There are 22 inmates on
remand and 6 prisoners serving life imprisonment. Seychelles does not have the death
penalty. At the time of the visit the delegation, none of the female inmates had a child. The
delegation was informed that the Social Services Department would take care of children by
providing finances for their upkeep if they are staying with relatives.
On enquiry as to the most common offences for which the prisoners are being held, the
delegation was informed that a big percentage of offenders are serving prison terms for
offences relating to theft and housebreaking. Other common offences relate to drug
trafficking and sexual assaults.
Commissioner Nyanduga informed the Commissioner of Police that some of the persons
met during the mission believed that there was an increase in sexually related offences
because the courts exercised leniency during sentencing. The Commissioner of Police held
different opinion. He was of the view that because the NCC and NGOs were creating a lot
of awareness about human rights, there was a marked increase in reports of sexual offences
where before they were never reported to the police.
The Commissioner of Prisons also informed the delegation that since his appointment into
office, he began introducing certain reforms within the prisons including keeping offenders
in separate cells depending on which offences they had committed, their ages and whether
they were first or multiple offenders. Guards and Wardens of the prisons were being trained
periodically and so far since the beginning of 2004 there had been 2 training sessions.
Furthermore, the Counsellor of Prisons, Mrs Gerry had now been appointed to work full
time in the 2 prisons. For the past 8 years she had been on part-time employment.
30
Mrs Gerry was present at the Meeting and she stated that although prisons are allocated a
minimal budget for rehabilitation programmes, she has been able to carry out some work in
this regard. Mrs Gerry informed the delegation that she offers both group and individual
counselling, teaches life skills including self esteem, stress and anger management. She stated
that they were recording positive results with the rehabilitation programmes because very
few offenders are returned after serving their sentences. However, Prisons were allocated a
very minimal budget to take care of rehabilitation programmes.
In terms of reintegration within society at the end of their sentences, the delegation was
informed that the Prisons authorities were planning to draw up a programme that would
facilitate this. Presently, prisoners are faced with some difficulty of acceptance within the
society after they have served their sentences. Seychelles is a small country and former
prisoners are stigmatised even where they have been rehabilitated and have become good
citizens. For instance, former prisoners find it difficult to find employment.
In terms of activities for the prisoners, the Commissioner of Prisons stated that the
prisoners have sports time everyday and activities on Fridays, Saturdays and Sundays which
include carpentry, gardening, livestock farming, painting, woodcarving, mechanics etc. and
participation in these activities is voluntary. Inmates at Long Island Prison are allowed
contact visits from families once a month and the Prison offices is responsible for arranging
boat transport to the island at the expense of the visitors. In certain special circumstances,
the prison officials may transfer a prisoner to Mahé so that their families can have access to
them for visits.
The prisoners receive four meals a day, that is, breakfast, lunch, afternoon tea and dinner.
They also have study facilities, a library with access to newspapers, a radio and television.
There are rooms for consultation between inmates and their lawyers. The Prison has a small
clinic and a Medical Assistant visits the prison twice a week, while the doctor visits twice a
month. Any reports of serious medical cases are taken to the main hospital on Mahé.
On the issue of HIV/AIDS in prisons, the Commissioner of Prisons stated that there were
only a few cases but that these were not made known to the other prisoners. However,
prisoners with HIV/AIDS were receiving special treatment.
High Security Prison – Grand Police, Mahé
The Mission also visited the High Security Prison in Mahé. Originally, only political
prisoners were held at this prison but it was closed down in 1993 and was only reopened on
15th September 2003. The holding capacity of the High Security Prison is 66 but there are
only 41 inmates in detention. Prisoners detained at the High Security Prison are normally
multiple offenders are those that have been transferred from Long Island because they were
aggressive. At the time the mission visited the High Security Prison, there were no remand
prisoners or women detained there.
The prisoners at the High Security Prison also have 4 meals a day, that is, breakfast, lunch,
afternoon tea and dinner. They are allowed some time for sports and activities like
gardening, livestock farming etc and participation in these activities is voluntary. Inmates do
31
not have access to television but do have access to radio at specific times. Permission may be
sought to listen to the radio outside the assigned time if there are broadcasts of national
interest. A nurse visits the prison twice a week, while the doctor visits twice a month. The
Prisons Counsellor also visits the High Security Prison. Inmates are entitled to visits once a
month but they are not allowed contact visits.
Press Conference
Commissioner Nyanduga held a press conference at the end of the promotional mission,
which was attended by the public broadcasters namely, SBC and Seychelles Nation. The
delegation was informed that Weekly Regar, which is the alternative newspaper was not
present even though they had been invited to attend the Press Conference by the organisers
of the Mission.
Also present at the press conference was the Technical Adviser to the Minister of Foreign
Affairs, Mr Bell.
The Commissioner briefed the press about the African Commission, its mandate and the
activities the African Commission undertakes in furtherance of its mandate. He also
explained to the Press the objectives of the just concluded promotional mission to
Seychelles.
The Commissioner also briefed the members of the press about the meetings and issues
discussed with the various government officials and sectors of civil society and stated that
generally the government of Seychelles had been positive towards the mission.
He informed the press that Seychelles had submitted its Initial Report to the African
Commission in accordance with Article 62 of the African Charter. The Initial Report would
be scheduled for examination at the 36th Ordinary Session of the African Commission and
that the Mission had urged the government of Seychelles to send a delegation to present the
report before the African Commission.
He informed the press that the government of Seychelles had welcomed the mission to the
country and facilitated it and that frank and open discussions were held with the various
government authorities.
In conclusion he informed the members of the Press that the Mission would prepare a
report of the Promotional Mission. Following its discussion and adoption by the African
Commission, the Promotional Mission Report will be forwarded to the Government of
Seychelles for comments and observations. The Mission Report will also be submitted to the
Assembly of Heads of State and Government as part of the African Commission’s Annual
Activity Report. After this process has been complied with and the report adopted by the
AHSG, the African Commission will publish the report.
Conclusion
During the mission, the delegation of the African Commission met and held discussions
with senior state and government officials, leaders of the opposition political parties, and
32
officials from civil society NGOs in Seychelles. The Mission expressed the willingness and
the duty of the African Commission to cooperate and assist all the relevant organisations and
institutions in Seychelles relating to the promotion of the African Charter.
The delegation explained that the mandate of the African Commission is basically geared
towards assisting African States to develop a human rights culture within their countries and
through undertaking promotional missions to Member States, the African Commission is
enabled to appreciate the particular situations in the country.
The Mission would like to express its appreciation to the Ministry of Foreign Affairs for
facilitating the promotional mission to Seychelles.
Observations
1. Seychelles is one of the few countries in Africa with a very small population of about
80,000 people and a workforce of about 32, 382 people only. This has to be borne in
mind when dealing with issues relating to Seychellois people in order to appreciate some
of the difficulties that Seychelles faces as a country;
2. Besides the tuna fishing, the economy of Seychelles is heavily reliant on tourism.
However, tourism in the country has been affected by threats of terrorism worldwide;
3. Seychelles has a high GDP per capita, and because of that they are not eligible for aid or
grants and as such have to borrow finances at commercial interest rates in order to run
the country and this strains the government coffers;
4. On a general note, human rights are respected within the country and all the parties that
the Mission met acknowledged this. The infrastructure in the country is good, citizens of
the country enjoy a free social welfare system provided by government, which include,
free education healthcare, unemployment and housing benefits, probably the first
country in Africa to manage such a scheme.
5. The society in Seychelles is quite patriarchal and roles in society are divided along gender
lines. Nevertheless, the women in Seychelles are the main income earners in the
household, whilst the men would rather get unemployment benefits than take up jobs
that don’t pay well, especially within the hospitality industry;
6. There seems to be a lack of professional solidarity between the judiciary and the legal
profession in the country. Notwithstanding the constitutional case on the
reappointment of foreign judges, nobody suggested that the judiciary was undergoing a
crisis, which could be interpreted as a threat to the rule of law.
Recommendations
The Mission recommends to the government of Seychelles to -:
1. Establish an independent electoral commission comprised of several persons rather than
(maintain) a single person serving as an electoral commissioner;
2. Develop a more independent process of appointing Members of the CAA. Members
appointed to the CAA should not be active members of any political party. It is vital that
the Seychellois should perceive the CAA to be independent in order for them to have
confidence in the persons that the CAA recommends for appointment, namely, the
Attorney General, Judges of the Supreme Court and the Court of Appeal, Chair of the
Civil Service Board, Presidential Pardon Board, Registrar General and Electoral
Commissioner;
33
3. Undertake aggressive HIV/AIDS campaigns within the population in order to combat
the spread of HIV/AIDS in the country. An epidemic would decimate the small
workforce in the country and thereby greatly affect the economy of the country;
4. Raise awareness within the Seychellois society about the role and mandate of the
Ombudsman as stipulated within the constitution of Seychelles;
5. Assist the judiciary and the legal profession develop an independent system and structure
of regulating professionalism both at the bar and at the bench;
6. Ensure that both private and public Broadcasters in Seychelles disseminate information
and sensitise the general public about human rights issues. In this regard, the African
Commission would like to recommend to Seychelles to implement the Declaration of
Principles on Freedom of Expression in Africa, which were adopted by the African
Commission at its 32nd Ordinary Session;
7. To provide Chagossians living in Seychelles with information about how they can
regularise their status in the country and what their rights are in order to eliminate the
unwarranted suspicions they have vis-à-vis the government of Seychelles. In particular,
the Immigration department should provide Chagossians with adequate information
relating to applications for naturalised citizenship;
8. Extend the membership of the NHAC to include representatives from the Ministry of
Social Affairs, the Media and Women’s organisations;
9. Allocate a budget to the NHAC in order to enable it carry out its mandate;
10. Furnish the office of the Ombudsman with more lawyers to handle the workload;
11. Avail a copy of the Initial Report submitted by Seychelles in accordance with Article 62
of the African Charter to the opposition parties and other interest groups;
The African Commission recommends to the legal profession to -:
12. Interest themselves in human rights issues (especially with respect to “2nd and 3rd generation
rights”). They should endeavour to offer pro bono services to indigent persons.
The African Commission recommends to the Chagossians Association to -:
13. Assist the government of Seychelles collect statistics and information about Chagossians
living in Seychelles in order to facilitate government’s efforts to regularise their status in
the country.
The African Commission recommends to NGOs in Seychelles to -:
14. Closely collaborate with the government of Seychelles particularly with the NHAC and
the Office of Ombudsman to ensure that the population of Seychelles is sensitised about
human rights.
Officials Met by the delegation
1. Secretary of State in the President’s Office
• Alain Butler Payette
2. Foreign Affairs
34
•
•
Minister of Foreign Affairs, Jérémie Bonnelame
Technical Adviser, to the Ministry of Foreign Affairs, William Bell
3. Judiciary
• Puisne Judge, Hon. Justice Andrew Ranjan Perera
• Daniel Cesar, Registrar of the Supreme Court
4. National Assembly
• Speaker of the National Assembly, Hon. Francis E MacGregor
5. Department of Legal Affairs
• Attorney General, Anthony F. T. Fernando
6. Department of Internal Affairs
• Principal Secretary, Marie-Ange Houareau
• Commissioner of Prisons, Col. Daniel Antoine Marengo
7. Ministry of Social Affairs and Employment
• Chairperson National Gender Committee and Principal Secretary, Antoinette Alexis
• Head of Division, Social Development Division, Marie-José Bonne
• National Gender Focal Point, Tania Labiche
8. Constitutional Appointments Authority (CAA)
• President of the CAA, France G. Bonte
9. Office of the Ombudsman
• Ombudsman, Cedric Gustave Dodin
10. Seychelles Bar Association
• President, Phillipe Boullé
11. Opposition Political Parties
• Seychelles National Party (SNP)
Secretary General of SNP, Roger Mancienne
Treasurer of SNP, Annette Georges
• Democratic Party
Paul B. Chow
General Secretary of DP, Nichol Paul Gabriel
Georges R. Bibi
12. Seychelles Police Force
• Commissioner of Police, André Quilindo
13. National Humanitarian Affairs Committee
• Technical Adviser to the Ministry of Foreign Affairs, William Bell
35
•
•
•
Second Secretary, Legal Affairs and Research, Ministry of Foreign Affairs, Elizabeth
Charles
Second Secretary, Legal Affairs and Research, Ministry of Foreign Affairs, Sandra
Michel
Carl Bellmore
14. Visit to Prisons
• Commissioner of Prisons, Daniel Antoine Marengo
• Chief Inspector of Prisons, Gelage Houareau
• Counsellor for the Prisons, Mrs Gerry
• Mr Chirima
• Mr. Nageon
15. NGOs
• Centre for Rights and Development
• Seychelles Human Rights Network
• Liaison Unit of Non-Governmental Organisations of Seychelles (LUNGOS)
• Alliance of Solidarity for the Family (ASF)
• CARITAS Seychelles
• Gender Media Plus (GEMPLUS)
• Seychelles Women’s Commission (SWC)
• Seychelles HIV/AIDS links Association (SHALA).
16. Press and Media
• Seychelles Broadcasting Corporation (SBC)
• Seychelles Nation
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