Following the authorisation by the Government of the Republic of Seychelles, a delegation of the African Commission on Human and Peoples’ Rights (the Commission) undertook a promotion mission to the Republic of Seychelles from 6 to 10 April 2015.
The mission was conducted as part of the Commission’s promotion mandate under Article 45 of the African Charter on Human and Peoples’ Rights (the African Charter).
The Commission’s delegation was led by Honourable Commissioner Yeung Kam John Yeung Sik Yuen, Commissioner in charge of monitoring the promotion and the protection of human rights in the Republic of Seychelles and Chairperson of the Commission’s Working Group on the Rights of Older Persons and Persons with Disabilities in Africa. He was accompanied by Mrs Anita Bagona, Mr. Bruno Menzan and Mr Philbert Bayeka, staff members of the Secretariat of the Commission.
The main objectives of the mission included assessing the human rights situation in the Republic of Seychelles, identifying best practices, affirmative action measures and where necessary, factors restricting citizens from effectively enjoying their rights; strengthening of relations between the Commission and the Government of Seychelles regarding the promotion and protection of rights guaranteed by the African Charter and other relevant regional and international legal instruments; engaging in dialogue with the Government of Seychelles and other stakeholders on legislative and other measures taken to give full effect to the provisions of the African Charter, its Protocols and other regional and international instruments ratified by the Republic of Seychelles; promoting the African Charter and other regional and international human rights legal instruments and visiting prisons in order to gather information on prison conditions in Seychelles.
During the mission, the delegation paid a courtesy call to the President of the Republic of Seychelles, H.E. Mr. James Alix Michel and the Vice President Mr Danny Faure. It held fruitful discussions with the members of Government including the Minister of Foreign Affairs and Transport, Minister of Social Affairs, Community Development and Sports, the Minister of Finance, Trade and the Blue Economy, the Minister of Labour and Human Resource Development, the Minister of Environment, Climate Change and Energy, the Minister of Education, the Minister of Home Affairs and the Principal Secretary in charge of Tourism Department at the Ministry of Tourism and Culture.
The delegation also met with the Speaker of the National Assembly, the chairpersons of parliamentary Committees, the leader of opposition and representatives of political parties. It further held discussions with the Attorney General, the Acting Chief Justice of the Supreme Court, the Bar Association and the Seychelles Police Department.
The delegation held working sessions with the Ombudsman and Chairperson of the National Human Rights Commission, members of the Seychelles Media Commission and the Constitutional Appointments Authority.
The delegation also met with representatives of the United Nations system, such as the United Nations Office on Drugs and Crime, the World Health Organisation and the United Nations Development Programme. It also held meetings with media Practitioners, Civil Society, and Non-Governmental Organizations working on human rights issues.
The delegation visited the Montagne Posée Prison, where it discussed with the Superintendent of Prisons and prisoners on conditions of detention. It also visited the Regional Home for Elderly at North East Point.
After the various visits and exchanges, the delegation notes with satisfaction the laudable efforts that have been made by the Government of Seychelles and other stakeholders towards the realisation of the rights of Seychellois peoples under the African Charter and other relevant human rights instruments.
The delegation commends the Government of Seychelles for its political will and its efforts in promoting and protecting the human rights of the people of Seychelles by adopting several legislative and institutional measures and establishing bodies to implement relevant policies, plans and programmes with a positive impact on the rights guaranteed by the African Charter and other regional and international human rights instruments.
The delegation notes with satisfaction the programmes, activities and strategies put in place for the realisation of human rights, such as the establishment of the Human Rights bodies; the low percentage of joblessness; efforts to align prisons conditions with international standards, the significant measures taken in the health sector, in particular the provision of free health care, the reduction of the child and maternal morbidity as well as the outstanding management of the HIV/AIDS pandemic; the significant reduction of backlog of cases before courts; the noticeable representation of women in decision making bodies; the existence of other various social schemes aiming at protecting vulnerable groups such as children, the elderly and persons with disabilities; the protection of environment through the use of renewable energy, protection of the biodiversity, recycling of domestic waste, banning of certain types of plastic bag.
The delegation commends the dynamism and commitment of Seychelles civil society organisations which contribute to the national promotion and protection of human rights despite the challenges faced in mobilising financial, material and technical resources for the success and sustainability of their programmes.
However, the delegation has come across certain challenges which inhibit the full realisation and enjoyment of human rights in the Republic of Seychelles, these include the system of automatic promotion with regard to the education sector, alleged lack of access to adequate housing and alleged lack of transparency in allocation of social housing; alleged discrimination based on political affiliation or opinion which would negatively impact access to public services and other economic and social rights; the persistence of stigma hindering the control of HIV; the legal age of employability fixed at 15 which is inconsistent with the compulsory ten years schooling policy that ends at the age of 16; infrastructures which are unfriendly to persons with disabilities; human rights issues stemming from the high prevalence of drug consumption and trafficking in the Seychellois society; the issue of mandatory sentencing; the shortage of local professionals in key sectors like the judiciary and the police; the lack of specific legal provisions criminalizing torture; the absence of a significant number of opposition parties in the electoral processes ; the non-ratification of some relevant regional and international human rights instruments; the existence of institutions that do not meet international standards, in particular the non-compliance of the National Human Rights Commission with the Paris Principles and the fact that the Ombudsman presides also the National Human Rights Commission; the lack of material and financial resources for the effective functioning of the National Human Rights Commission and the Seychelles Media Commission; the difficulty for the media to access to information from the authorities, the non-compliance with Article 62 of the African Charter with five (5) outstanding Reports.
The Commission will present a detailed report on the conduct of the mission and the meetings held in which it will make the necessary extensive recommendations to all the stakeholders met.
In the meantime, the delegation would like to commend the Government of Seychelles for authorizing the Commission to undertake the mission and encourages the Government of Seychelles to strengthen its commitment, programmes, plans and policies to promote and protect human rights.
The delegation urges the Republic of Seychelles to address the inconsistencies in its legal framework that limit the enjoyment of certain human rights guaranteed under the African Charter, specifically there is need to reconcile the compulsory ten years mandatory schooling and the legal age of employability; repeal the mandatory sentencing in order to avoid any apparent or real hindrance to the sacrosanct principle of the separation of powers in a democratic system; criminalise expressly torture in its national laws and establish a National Preventive Mechanism in compliance with international standards, etc.
The delegation calls on the Republic of Seychelles to expedite its ratification of regional and international instruments that have not yet been ratified, in particular the Protocol to the African Charter on the Establishment of an African Court on Human and Peoples’ Rights The Protocol to the African Charter on Human and Peoples’ Rights establishing the African Court for Human and Peoples’ Rights; the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa; the African Charter on Democracy, Elections and Governance; the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The delegation urges the Government of Seychelles to align the National Human Rights Commission with the Paris Principles by providing it with the necessary human and material resources to ensure its independence and to effectively implement its mandate.
The delegation calls on the Government to complement its prison services with a comprehensive rehabilitation programme which enables former prisoners to reintegrate the Seychellois society and contribute their quota to national development.
The delegation calls on the Government of Seychelles to comply with Article 62 of the African Charter by submitting its periodic report on the measures taken to implement the rights and freedoms guaranteed by the African Charter. It also encourages the Government to involve the civil society in the compilation of the Periodic Reports.
The delegation calls on civil society organisations to engage with available networks in order to ensure human rights promotion and protection in Seychelles.
The delegation calls on the international community to continue to provide the Government of Seychelles with the necessary financial, material and technical resources in the area of human rights promotion and protection.
The delegation wishes to thank the Government of the Republic of Seychelles and its people for their very warm reception, hospitality, and openness during this Mission. The delegation is truly grateful to the Government for the facilities and services placed at its disposal during the Mission, and singles out for special gratitude, the Ministry of Foreign Affairs, for the excellent arrangements put in place which enabled the delegation to meet a cross-section of the Seychelles society in order to have a fairly representative view of the human rights situation in the country.
Victoria, 10 April 2015
