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TITLE: SEYCHELLES HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
SEYCHELLES
In June 1993, 73 percent of voters approved a new Constitution
providing for a multiparty system of government, after an open
bipartisan drafting process. Both the Seychelles People's
Progressive Party (SPPF) of President France Albert Rene and
the Democratic Party (DP) of former President James Mancham
campaigned actively for the Constitution's adoption.
Presidential and national assembly elections, which were judged
free and fair by national and international observers, were
held on July 23, the first such multiparty elections since Rene
came to power in a June 1977 military coup.
Rene's party decisively defeated the opposition parties, with
only one opposition candidate from the DP gaining a directly
elected seat in the National Assembly. Due to an additional
number of seats distributed on the basis of the percentage of
the total vote, the final composition of the National Assembly
was 27 SPPF members and 8 opposition members.
The security forces, including about 400 Army personnel, a
National Guard of undisclosed confidential size, and the armed
"Police Mobile Unit" of 95 officers, have close ties to the
ruling party.
Although private enterprise and private property are permitted,
the public and quasi-public sectors drive the economy. The
Government, through the Seychelles Marketing Board, other state
organizations, and the use of banking regulations, controls the
importation, licensing, and distribution of virtually all goods
and services and exercises significant control over all phases
of the economy. Tourism is the most important sector, directly
accounting for over 10 percent of the gross domestic product.
In 1993 Seychelles made substantial progress in respecting the
rights of its citizens. The Government became responsive to
human rights issues and placed considerable political effort
into reforming governmental institutions to accord with
international standards of human rights practice. One
remaining problem is an excessively legislated regard for the
"privacy" of public figures, which serves as a veiled threat to
press freedom.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and other Extrajudicial Killing
There were no such killings in 1993.
b. Disappearance
There were no reports of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution expressly forbids torture, and in 1993 this
prohibition was respected in practice. There was one instance
of police brutality in late 1993 when the police beat up a
imprisoned juvenile offender. At year's end an investigation
was in progress. There was also one abuse of deadly force,
when police officers, mistaking a passer-by for an escaped
convict, shot at his car and severely wounded him. The
policemen were subsequently jailed.
Living conditions at Police Bay prison are Spartan. Access to
the facility is limited. SPPF and opposition members of the
committee drafting the Constitution were allowed to visit the
prison in 1993, and both delegations expressed satisfaction
with conditions there. Family visitation is allowed on a
weekly basis, and prisoners are allowed access to reading
materials.
d. Arbitrary Arrest, Detention, or Exile
The Penal Code provides that persons arrested must be brought
before a magistrate within 48 hours. This provision is applied
in practice to the extent possible (residents of the outer
islands are in practice detained for longer than 48 hours, as
the boat trip to Victoria, where the courthouse is located, can
take 3 or more days from such islands as Assumption and
Aldabra). Detainees can effectively seek judicial review of
the legality of detention. Bail is available in most cases, as
is free legal counsel for indigents. Defense attorneys have
ready access to detainees.
The new Constitution guarantees that "every person has a right
to liberty and security of the person," to privacy, to freedom
of conscience, and to freedom of expression. However, the
Constitution allows the curtailment of the right to freedom of
expression "for protecting the reputation, rights, and freedoms
of private lives of persons."
In 1992 most dissidents who desired to return to Seychelles,
including former President Mancham, returned from exile.
In late 1992 and again in 1993, President Rene pledged to
reexamine land acquisition cases of individuals whose lands
were not used by the Government after being expropriated.
Cases were taken up by the court in 1993. No final
dispositions were made by year's end.
e. Denial of Fair Public Trial
The judicial system is patterned on English common law (e.g.,
public trial by jury) but influenced by the Napoleonic Code,
particularly in civil matters (e.g., torts and contracts). The
judiciary includes the Magistrate's (or small claims) Court,
the Supreme (or trial) Court, and the Court of Appeals.
Criminal cases are heard by a magistrate or by the Supreme
Court, depending on the gravity of the offense. A jury is
called only in cases of murder or treason. Trials are public,
and the State bears the burden of proving the defendant's
guilt. The defendant has the right to be present at the trial,
to confront witnesses, and to appeal. Indigent defendants are
provided free legal counsel.
The Constitutional Commission lauded the principle of an
independent judiciary. However, under certain conditions the
mechanism set up for judicial appointments, the Constitutional
Appointments Authority (CAA), allows the ruling party to
control appointments.
Participants in President Rene's 1977 coup d'etat and high
government officials (and those related to them) are generally
shielded from prosecution by the judicial system. In addition,
an investigation by an opposition paper indicated that, on at
least one occasion, President Rene intervened with the chairman
of the CAA in order to expedite a case of personal interest
before the courts.
Seychelles law requires that a member of the armed forces be
tried by court-martial unless the President decrees otherwise.
In the past, this allowed criminals with military ties to
protect themselves from prosecution for offenses committed
against civilians. In 1993 there were no reported cases of
abuses by military personnel, although the failure of the
Government aggressively to pursue criminal charges against the
brother of a high-ranking Coast Guard official raised questions
about governmental resolve in prosecuting family members of the
political and military establishment.
In 1993 there were no political detainees or prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The new Constitution provides for a wide variety of individual,
family, and home protections, and establishes a series of
fundamental rights which are largely inalienable, including the
"right to liberty and security of the person" and to privacy.
Under the previous Constitution, which was law until mid-1993,
the authorities had broad powers for search and seizure without
a warrant and used this authority to suppress dissenting
opinion. In early 1993, the Government harassed a resident
foreigner married to a Seychellois for allegedly supporting the
Democratic Party. After the foreigner proved that he was not
involved in politics, he was allowed to continue to work and
reside in Seychelles. The Government could also legally open
domestic and international mail, but this practice appears to
have ended with the advent of the new Constitution.
Responding to public opinion, the Government in 1993 abolished
the requirement that all students applying to the Polytechnic,
Seychelles' most prestigious learning institution, attend
National Youth Service (NYS). NYS is a year-long paramilitary,
political, and social training program run by SPPF partisans
who attempt to indoctrinate the young to support the Rene
regime.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Guarantees of freedom of speech as provided for under the new
Constitution were respected. However, the Constitution allows
the curtailment of the right to freedom of expression "for
protecting the reputation, rights, and freedoms of private
lives of persons." Thus, freedom of speech and press is
constrained by the legal ease with which journalists can be
penalized for alleged libel through civil law suits. Certain
subjects, such as high-level corruption, remain largely taboo.
The Ministry of Information publishes the only local daily
newspaper, The Nation, which presents the news with a
government bias and does not publish independent viewpoints on
political matters. Despite oblique threats from the Minister
of Communications, criticism of the President (including
innuendo regarding corruption) was widely seen in political
posters and carried in the opposition press, including Regar
and the Seychelles Weekly (former President Mancham's
newspaper). The Catholic Church published a monthly magazine,
Echo des Iles, which often ran editorials and letters
criticizing the Government. International political journals
and general interest magazines (except those with nudity) are
imported without hindrance.
Through an independent, bipartisan Board of Directors endorsed
by the leader of the opposition, the Government controls all
local radio and television broadcasting. The meetings of the
Constitutional Commission prior to the June referendum were
televised daily for many weeks, and fierce criticism of the
Government's position was routinely heard.
However, towards the end of 1993 some observers noted a subtle
chilling of the move towards a more objective media, and it
appeared that state-owned radio and television were discreetly
adopting a less critical, more partisan tone in their news
stories. The Government determined that any attempt to import
satellite antennas capable of receiving international
broadcasts would have to be approved on a case-by-case basis
and expensively licensed.
All films shown, rented, or sold in Seychelles must be approved
by the National Censorship Board. This is increasingly a
rubberstamp process, although government laws restrict the
distribution of pornography.
There are no universities in Seychelles; higher education is
generally limited to practical training and vocational school.
Faculty members are largely apolitical, as most opponents of
the Rene regime fled abroad during the worst period of
oppression. Most of these opponents have not returned, and the
current teachers are generally either politically silent or
supportive of the party in power.
b. Freedom of Peaceful Assembly and Association
The rights to freedom of peaceful assembly and association were
honored in 1993. The Government tolerated opposition parties
and organizations and permitted political demonstrations and
meetings. Political parties planning to hold rallies are
required to submit notice to the police beforehand; there were
no known denials of rallies in 1993.
c. Freedom of Religion
There is no religious persecution in Seychelles, and church
services are widely attended. The Roman Catholic, Anglican,
and other Christian denominations worship freely, and Muslims
and Hindus are not restricted in their religious practices.
The Government routinely approves local church requests to
bring in foreign missionaries, provided that they are working
solely to preach a religious message. The Government does not
accept, however, missionaries who apply to come as social
workers, family counselors, or Sunday school teachers. Roman
Catholics make up about 90 percent of the population, and
Anglicans account for another 5 percent. There are also active
and growing Pentecostal, Seventh-Day Adventist, and other
evangelical Protestant churches.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The 1991 Passport Act allowed the Government to deny passport
services to any Seychellois citizen if the Minister of Defense
found this in "the national interest." The new Constitution,
however, expressly guarantees the right of freedom of movement
to Seychelles citizens. There were no known asylum requests in
1993.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Although in 1993 President Rene and the Seychelles People's
Progressive Front (SPPF) continued to dominate the political
process, Seychellois exercised their right to change their
government in the June 1993 referendum on the Constitution and
the July 1993 national assembly and presidential elections.
These were held by international and national observers to have
been free and fair. While the Government continued to be
heavily dominated by a single party, this domination reflected
the party's considerable popularity, as well as the
Government's pervasive influence on employment and housing
opportunities. Under laws passed under the authority of the
new Constitution, the "Leader of the Opposition," James
Mancham, was made a government employee with official status, a
salary, financial allowances, and an annual gratuity.
There are no legal restrictions against the participation of
women or minority groups in politics. The white minority of
Seychelles continues to dominate governmental institutions, but
some Creoles (African Seychellois) have risen to senior
positions of responsibility, particularly in the military. The
Ministers of Foreign Affairs and Tourism are women, and there
are women in other high positions. The Geneva-based Inter-
Parliamentary Union cited Seychelles as having the world's
highest percentage of female representation in its Parliament
(at 45.8 percent of the total delegates).
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no private groups devoted exclusively to
investigating human rights practices in Seychelles. However,
the churches have been strong voices for human rights and
democratization. They and other organizations critical of the
Government have not been harassed by the Government for their
activities.
Requests for information from foreign organizations are sent to
the Chief Justice of the Supreme Court, who acts as an
interlocutor between human rights groups and the Government.
There were no known international requests for investigations
in 1993.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
There is no overt discrimination in housing, employment,
education, or other social services based on sex or racial,
ethnic, national, or religious identification.
Women
Women have the same legal, political, economic, and social
rights as men. There are female government ministers,
businesspeople, doctors, and attorneys.
Violence against women, particularly wife beating, occurs, but
according to medical personnel, is not widespread and not
tolerated by the Government or the courts. Women frequently
use a procedure providing for a bond "to keep the peace" of up
to $200 on someone using or threatening violence. Married
women may easily obtain exclusion orders against abusive
husbands and frequently do. Violence against women, whether
domestic or otherwise, is considered assault and is subject to
criminal prosecution. Police have no hesitation in intervening
in domestic disputes in which violence has occurred or is
threatened.
Children
Children in Seychelles are protected from labor abuse by law,
and are required to attend school. Children are also protected
from abusive parents by legislation.
National/Racial/Ethnic Minorities
There is a historical educational gap between Creoles
(Seychellois of African origin) and Seychellois of white and
Asian origin, which has been a factor in the continuing
political and economic domination of Seychelles by whites and
Asians. Despite a significant Creole majority, the President,
the Health Minister, the Foreign Minister, most principal
secretaries, and almost the entire merchant and financial class
are white and Asian. The Government is attempting to close
this gap through universal access to public education.
Empirical evidence suggests that this gap is gradually closing,
and that increasing numbers of young Creoles are receiving
higher education.
People with Disabilities
People with disabilities are not discriminated against either
de facto or de jure in housing, jobs, or education. There is
no legislation guaranteeing universal access to public
buildings.
Section 6 Worker Rights
a. The Right of Association
As a result of the new Trade Union Industrial Act passed by the
National Assembly in November 1993, Seychellois workers now
have the right to form and join unions of their own choosing.
However, the Act limits unions' ability to organize on a large
scale so that they cannot become competitors of the government-
run National Workers' Union (NWU), formerly the only legal
union. The Government is a member of the International Labor
Organization (ILO) and has ratified ILO Convention 87 on
freedom of association.
Under the law in place for most of 1993, all workers (except
for some temporary workers) had to belong to the National
Workers Union (NWU), and a percentage of their social security
contributions financed the NWU. The SPPF still controls the
NWU's funds and appoints its leaders. The NWU sought to coerce
Seychelles employers to sign closed shop agreements.
Furthermore, strikes were illegal unless approved in advance by
the SPPF Central Committee. The only strike in 1993 was a
brief action in November by Indian contract workers protesting
that their contract violated Seychelles' labor laws. It ended
when the Government decreed that their employer was exempt from
these laws and threatened to deport the workers.
b. The Right to Organize and Bargain Collectively
With only one party-dominated union confederation permitted,
there were serious limitations on workers' rights to organize
for most of 1993. Following the passage of the Trade Union
Industrial Act, other unions were permitted, but the NWU
retained a dominant position due to the character of the
legislation (see above). One independent union formed in late
1993.
The NMW Constitution calls for union members to be protected
"from victimization in the carrying out of legitimate trade
union activity" and requires its executive board to investigate
shop steward dismissals to ensure that the dismissals are not
based on union-related activities. In the event of a
disagreement between the NWU and a company over a shop
steward's dismissal, the SPPF would make the final
determination.
Free collective bargaining is not practiced in Seychelles. The
Government has the right to review and approve all collective
bargaining agreements from the public and private sectors.
There is little flexibility in the setting of wages. The
Government and state-owned companies, which employ about 70
percent of the labor force, have mandatory wage scales for
their employees, based on job classification. Most private
employers run very small establishments, and wages in the
private sector are generally set by individual agreements
between employer and employee; however, in the few larger
businesses where collective bargaining is used, wage scales are
subject to the Government's right of review and approval.
In practice, private employers often follow public sector wage
scales when setting salary levels, although they frequently pay
more than the Government in order to attract qualified
workers. The Employment Act of 1985, Seychelles' basic labor
law, vests the Ministry of Employment and Social Affairs with
authority to establish and enforce employment terms,
conditions, and benefits. Workers have frequently obtained
recourse against their employers through the Ministry.
Although amendments passed in 1990 resulted in a modest
simplification and liberalization of the basic labor law, they
did not significantly modify the Governments' dominant role in
setting terms and conditions of employment.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law and does not
exist.
d. Minimum Age for Employment of Children
The minimum age for employment is 15, and children are required
to attend school until the l0th grade or the age of 17,
whichever occurs first. The Government strongly encourages
children to fulfill a year of National Youth Service (NYS)
before entering the work force at the age of 18 or the
Polytechnic School for Vocational Training, and it discourages
public or private sector employment of workers under 18 years
of age. The Government offers voluntary short-term (up to 6
months) work programs for school leavers not participating in
NYS. Children in these programs receive a training stipend
which is below the minimum wage. The Government effectively
enforces its child labor laws through regular inspections by
the Ministry of Employment and Social Affairs.
e. Acceptable Conditions of Work
Seychelles has a complicated minimum wage scale,
administratively regulated by the Government, which covers the
public and parastatal (state-owned) sectors and differentiates
among various job classifications. Given the free public
services that are available, primarily in the areas of health
and education, a single salary at the low end of the pay scale
provides a family with a decent, if Spartan, standard of living.
Many families deal with Seychelles' high cost of living by
earning two or more incomes. The Ministry of Employment and
Social Affairs enforces minimum wage regulations. The official
minimum wage is about $120 (600 Seychelles Rupees) a month.
However, due to a labor shortage, the prevailing wage rates in
the private sector are considerably higher than the legal
minimum, and workers have little reason to accept a lower than
minimum wage.
In recent years there has been a growing trend for the
Government to import foreign workers, primarily from India and
Asia, to work in the construction and industrial fishing
sector. Although it is difficult to determine the living and
working conditions of these workers, there is strong empirical
evidence that Seychelles labor laws are routinely flouted by
their employers, with government knowledge (see Section 6.
a.). These workers are paid lower wages and forced to work
longer hours than Seychellois.
The legal maximum workweek varies from 25 to 40 hours,
depending on the economic sector. Each full-time worker is
entitled to a half-hour break per day and a minimum of 21 days
of paid annual leave. Workers are permitted to work overtime
up to 60 additional hours per month. The Government enforces
these ceilings, though it is possible that occasional abuses
occur. As noted above, foreign workers do not enjoy the same
legal protections.
The Government issued comprehensive revised occupational health
and safety regulations in October 1991. The Ministry of
Employment and Social Affairs is responsible for enforcing
these regulations. Inspectors enforce safety standards through
regular workplace visits, and the Government protects the
identity of workers who complain of hazardous conditions.
Occupational injuries are most common in the construction and
marine and port industries.
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