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Title: Seychelles Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
SEYCHELLES
President France Albert Rene and his Seychelles People's Progressive
Front (SPPF) have governed since a 1977 military coup. In the 1990's
the SPPF guided the return to a multiparty political system, which
culminated in July 1993 in the country's first free and fair
presidential and parliamentary elections since 1977. President Rene was
continued in power, and the SPPF won 27 of the 33 National Assembly
seats, 21 by direct election and 6 by proportional representation.
Despite the elections, the President and the SPPF continued to dominate
the country through a pervasive system of political patronage and
control over government jobs, contracts, and resources.
The President has complete control over the security apparatus, which
includes a national guard force, the army, and the police. There is
also an armed paramilitary Police Mobile Unit (PMU). Members of the
security forces committed a few human rights abuses.
In recent years, the Government continued unsystematically its program
to privatize the economy, imposed cuts in domestic spending,
reintroduced import licensing to improve its foreign exchange position,
and passed laws with tax cuts and abatements to encourage and attract
foreign investment. In addition, the Government looked to reduce the
high dependence on tourism--approximately 70 percent of hard currency
earnings--by promoting the development of fishing and light
manufacturing. Despite these efforts, the public and quasi-public
sectors continued to drive the economy, and the Government, through the
Seychelles Marketing Board, other state organizations, and the use of
banking regulations, continued to dominate most aspects of the economy.
The human rights situation continued to improve, and the Government
generally respected the rights of its citizens. However, despite
parliamentary formalities, the President continued to wield power
virtually unchecked. Security forces used excessive force in a few
instances, although police brutality is not widespread. The authorities
investigated complaints of police abuse and punished officers found
guilty. Violence against women and child abuse remained cause for
concern.
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 reports of politically motivated killings. In March a
prisoner was shot to death at Police Bay Prison. The army guard who was
responsible for the shooting received a 6-year sentence from a military
court (see Section 1.c.).
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution expressly forbids torture, but there have been
instances of excessive use of force by police. The authorities have
investigated and punished offenders in the past. In August a woman
allegedly was repeatedly beaten on the feet and legs at police
headquarters. A doctor confirmed that her injuries were consistent with
this allegation. In another case, an inquiry is underway into a charge
that a detainee was beaten at a district police station in November.
Conditions at the two prisons are Spartan. Family members are allowed
monthly visits, and prisoners have access to reading but not writing
materials. However, there is no regular system of independent
monitoring of prisons. At the Police Bay Prison (which closed in late
1995), attorneys were not allowed access to the grounds, and requests to
visit by foreign diplomats were not honored. In March a prisoner was
shot to death by a guard at the Police Bay Prison. Civilian judicial
authorities held one hearing on the shooting, and another hearing is
scheduled (see Section 1.a.). In an instance of alleged medical
neglect, a prisoner died at the Long Island Prison in 1994 shortly after
having arrived at the prison reportedly in extremely poor medical
condition.
d. Arbitrary Arrest, Detention, or Exile
The Constitution provides that persons arrested must be brought before a
magistrate within 24 hours. This provision is applied in practice to
the extent possible (with allowances for boat travel from distant
islands). In October the National Assembly amended this to allow, with
a court order, 4-days detention without a formal charge. With a judge's
approval this period can be extended to 7 days. Detainees have access
to legal counsel, and free counsel is provided for the indigent. The
law provides for judicial review of the legality of detention, and bail
is available for most offenses.
Several persons have brought civil cases against the police for unlawful
arrest or entry, with limited success.
There were no cases of forced exile in 1995. Following the 1977 coup, a
number of persons went into voluntary exile, and others were released
from prison with the proviso that they immediately leave the country. A
number of these former exiles who returned were able to reacquire their
property, but the large majority have not. There were some instances in
which the Government rejected valid compensation claims for confiscated
properties of returning exiles, apparently for political reasons.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, but there are
questions about its independence.
The judicial system includes magistrates' courts, the Supreme Court, the
Constitutional Court, and the Court of Appeal. Criminal cases are heard
by a magistrates' court or the Supreme Court, depending on the gravity
of the offense. A jury is used in cases involving murder or treason.
Trials are public, and the accused is considered innocent until proven
guilty. Defendants have the right to counsel, to be present at their
trial, to confront witnesses, and to appeal. The Government provides
free counsel to the indigent, although there are only a few well-trained
lawyers. The Constitutional Court convenes twice a year to consider
constitutional issues only. The Court of Appeal convenes twice a year
to consider appeals from the Supreme Court and Constitutional Court
only.
Defendants generally have the right to a fair trial. All judges are
appointed for 5 years, and can be re-appointed by the Constituional
Appointment Committee. All were hired from other Commonwealth
countries, and none is Seychellois. Some observers criticized
expatriate judges for a perceived lack of sensitivity on issues such as
domestic violence.
Legal organs of the Government, such as the Attorney General's office
and the Ombudsman, are reluctant to pursue charges of wrongdoing or
abuse of power against senior officials.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the right to privacy and freedom from
arbitrary searches. The law requires a warrant for police searches, and
the authorities generally respected this requirement in practice. The
law requires that all wiretaps be justified on the grounds of preventing
a serious crime and be approved by a judge. There are credible reports
the government maintains phone taps on some political personalities.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press, but it
also provides for restrictions on speech "for protecting the reputation,
rights, and freedoms of private lives of persons" and "in the interest
of defense, public safety, public order, public morality, or public
health." Both freedom of speech and the press are thus constrained by
the ease with which civil law suits can be filed to penalize journalists
for alleged libel. In most instances, citizens speak freely, including
in Parliament, although the President is rarely criticized.
The Government has a near monopoly on the media, owning the only
television and radio stations, the most important means for reaching the
public, and the only daily newspaper (the Nation). The official media
adhere closely to the Government's position on policy issues and give
the opposition and news adverse to the Government only limited coverage.
While both of the opposition parties publish an assortment of
newsletters and magazines, only one full-fledged independent newspaper,
the weekly Regar, is currently in circulation. Government figures have
sued Regar for libel five times in the past 2 years. Regar temporarily
suspended publication for 1 month at the beginning of the year when it
lost a libel suit brought by a government official, so that its staff
could devote their efforts to raising funds for legal expenses. In
November an Appeals Court judge sustantially reduced its fine. A second
weekly, The Independent, was forced to cease publication because of
dwindling circulation and the financial effect of losing a libel suit
brought by a government official. Independent publications are also
potentially vulnerable to government pressure now that the only printing
press has been sold to an SPPF National Assemblyman.
Academic freedom is limited since, for example, one cannot reach senior
positions in the academic bureaucracy without demonstrating at least
nominal loyalty to the SPPF. There are no universities; secondary
school teachers are largely apolitical. The Government controls access
to the Polytechnic, the most prestigious learning institution, and
public school graduates wishing admission are given preference for
participating in the National Youth Service (NYS), a year-long program
which now emphasizes educational instruction, although in the past it
has stressed paramilitary training and SPPF ideology.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for these freedoms, and in practice the
Government generally permitted peaceful assembly and association without
interruption or interference. The police handled student demonstrations
in 1994 with professional restraint.
In addition to the SPPF, there are two other political parties. In 1995
the Government twice denied permission to the United Opposition Party to
hold public assemblies.
In March government security forces barred Christopher Gill, the only
directly elected member of the National Assembly from the opposition
Democratic Party, from entering the hall where the party's convention
was taking place (see Section 3).
Opposition parties cited several cases in which supporters lost
government jobs solely because of their political beliefs. Political
criteria also appear to weigh in government decisions regarding licenses
and loans.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
respects this right in practice.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Constitution provides for freedom of movement, and there was no
known abridgement of domestic or international travel. Although it was
not used in 1995, the 1991 Passport Act allows the Government to deny
passports to any citizen if the Minister of Defense finds such denial
"in the national interest." There were no known requests for asylum in
1995 and no refugees in the Seychelles.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens freely exercised the right to change their government in the
July 1993 National Assembly and presidential elections, which were
judged by international and national observers to have been free and
fair. However, President Rene and the SPPF dominated the electoral
process and continued to rule--as they have since 1977. The elections
served to provide a voice to other parties.
The President's SPPF party has utilized its political resources and
those of the Government to develop a nationwide organization that
extends to the village level. The opposition parties have been unable
to match the SPPF's organization and patronage, in part because of
resource limitations.
The main opposition party, the Democratic Party, is led by Sir James
Mancham, the country's first elected president, who was forced into a
15-year exile in 1977. Mancham was reelected President of the
Democratic Party by acclamation at a controversial party convention in
March. The party's sole directly elected member of the National
Assembly was barred by government security forces from attending the
convention, allegedly on Mancham's orders (see Section 2.b.). Critics
of Mancham alleged that his ties to the ruling SPPF were too close and
that he discouraged his own party members from criticizing the
Government.
There are no legal restrictions on the participation of women or
minority groups in politics. Women hold 3 ministerial positions in the
11-person Cabinet and 8 seats in the 33-member National Assembly. 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. Of
the six members of the Defence Forces Council, four are Creole.
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. However, both the churches and some nongovernmental
organizations (NGO's) have been strong voices for human rights and
democratization, and the Government has not interfered with their
activities. There were no known requests by international human rights
groups to visit the Seychelles.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution affirms the right to be free from all types of
discrimination, but does not specifically prohibit discrimination based
on these factors. In practice, there is no overt discrimination in
housing, employment, education, or other social services based on race,
sex, ethnic, national, or religious identification.
Women
Violence against women, particularly wife beating, remains a concern.
Police seldom intervene in domestic disputes, unless the dispute
involves a weapon or major assault. The few cases that reach a
prosecutor are often dismissed, or if a case reaches court, a
perpetrator is usually given only a light sentence. There is a lack of
societal concern about domestic violence, and there are no
nongovernmental groups that address this issue.
This society is largely matriarchal, and women have the same legal,
political, economic, and social rights as men. There is no officially
sanctioned discrimination in education or employment, and women are
fairly well represented in the political process and in business.
Children
Children have legal protection from labor and physical abuse and are
required to attend school. Free public education is available. In June
the Government announced the National Program of Action for Children,
which creates an institutional framework for aiding children.
Sexual abuse of young girls, usually in low-income families, is a
serious problem. While complete statistics are not available, Ministry
of Health data and press reports indicate that there are a significant
number of rape cases of girls under the age of 15. Very few child-abuse
cases are actually prosecuted in court. The strongest public advocate
for young victims is a semiautonomous agency, the National Council for
Children, not the Government. There is criticism that the police fail
to investigate charges of child abuse with vigor.
People with Disabilities
The Government does not discriminate against people with disabilities in
housing, jobs, or education. However, there is no legislation providing
for access to public buildings, transportation, or government services.
The Government promised the International Labor Organization (ILO) that
it would implement a law providing for more jobs for disabled workers.
However, there were no signs by year's end that such a law will be
introduced.
National/Racial/Ethnic Minorities
There is a historical educational gap between Creoles and Seychellois of
white or 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 or Asian. The
Government is attempting to close this gap through universal access to
public education, but the formalization and teaching of Creole has made
it more difficult for Creole students to learn English and French at a
competitive level. Further, the political domination by whites seems
unyielding since the elected leadership of the majority party, and that
of most of the several opposition parties, is white.
Section 6 Worker Rights
a. The Right of Association
Under the 1993 Industrial Relations Act (IRA), which took effect in
January 1994, workers have the right to form and join unions of their
own choosing. Police, military, prison, and fire-fighting personnel may
not unionize. Under the Act, the former government-controlled union,
the National Workers Union (NWU), lost its monopoly position.
There are currently four registered unions: two dominated by the SPFF
and two independents. An attempt to organize an independent union
incorporating employees from both governmental ministries and
government-owned entities was thwarted by government legal action.
Unions can freely affiliate with international bodies.
b. The Right to Organize and Bargain Collectively
The IRA provides workers with the legal right to engage in collective
bargaining. However, in practice free collective bargaining does not
normally take place. The Government has the right to review and approve
all collective bargaining agreements in the public and private sectors.
There is little flexibility in the setting of wages. In the public
sector, which employs about 60 percent of the labor force, the
Government sets mandatory wage scales for employees. Wages in the
private sector are generally set by the employer in individual
agreements with the employee, but in the few larger businesses, wage
scales are subject to the Government's right of review and approval.
Private employers historically have paid more than the Government in
order to attract qualified workers. However, economic problems this
year have led to downward pressures on wages.
The law prohibits antiunion discrimination by employers against union
members. Independent unions allege that their members in the public
sector have been discriminated against on the job because of their
affiliation with non-SPFF unions.
The Employment Act of 1989, which remains the basic labor law,
authorizes the Ministry of Employment and Social Affairs to establish
and enforce employment terms, conditions, and benefits. Workers have
frequently obtained recourse against their employers through the
Ministry. However, the 1995 Employment Act, intended to help attract
foreign investment, appears to have weakened some workers rights.
There are no export processing zones, but the Government is actively
attempting to create one.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and it does not exist.
d. Minimum Age for Employment of Children
The minimum age for employment is 15 years, and children are encouraged
to attend school until the l0th grade or age 17, whichever occurs first.
The Government strongly encourages children to fulfill a year of NYS
before entering the work force at age l6 or the Polytechnic School for
Vocational Training, and it discourages public or private sector
employment of workers under age l6. The Government sponsors
aprenticeships and short-term (up to 6 months) work programs for those
who leave school and do not participate in NYS. Children in these
programs receive a training stipend which is below the minimum wage.
The Government enforces child labor laws through inspections by the
Ministry of Employment and Social Affairs.
e. Acceptable Conditions of Work
Seychelles has a complicated minimum wage scale, which is
administratively regulated by the Government; it covers the public and
state-owned sectors and differentiates among various job
classifications. The Ministry of Employment and Social Affairs enforces
minimum wage regulations. The official minimum wage is about $320
(1,600 Seychelles rupees) a month. Trade unions say that government
entities are paying some workers at less than the legal minimum. Even
with the free public services that are available, primarily health and
education, independent labor unions dispute that a single salary at the
low end of the pay scale provides a family with even a Spartan standard
of living.
Many families deal with the high cost of living by earning two or more
incomes, although the number of households with two persons employed has
reportedly dropped to 30 percent. In recent years there has been a
growing trend for the Government to import foreign workers, primarily
from India and elsewhere in Asia, to work in the construction and
industrial fishing sectors. Although it is difficult to determine the
living and working conditions of these workers, there is strong evidence
that the labor laws are routinely flouted by their employers, with the
Government's knowledge. These workers are paid lower wages and forced
to work longer hours than Seychellois, sometimes with the express
consent of the Government.
The legal maximum workweek varies from 45 to 52 hours, depending on the
economic sector, while government employees work shorter hours. 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 generally enforces
these ceilings. 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 has formal responsibility for enforcing these
regulations; however the Ministry of Health seeks a role in this area.
An ILO team which visited in early 1995 found serious deficiencies in
the management and effectiveness of government monitoring and
enforcement efforts. Occupational injuries are most common in the
construction, marine, and port industries. A worker who removes himself
from a potentially dangerous situation on the job is considered to have
resigned. Safety and health inspectors rarely visit job sites. In 1994
there were four deaths and 162 on-the-job injuries officially reported.
In 1995 there were two deaths and 57 on-the-job injuries.
(###)
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