Seychelles: Promotion Mission, 2004

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 26 to 30 July 2004. The objectives of the mission were 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.

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;
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 -:

1. 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 -:

1. 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 -:

1. 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.