Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694422580936.pdf (Seychelles)
SEYCHELLES HUMAN RIGHTS COMMISSION ANNUAL REPORT 2022 HUMAN DIGNITY - BEDROCK HUMANITY © Seychelles Human Rights Commission 2022 The Seychelles Human Rights Commission encourages the dissemination and exchange of information provided in this publication.
Annual Report 2022 This publication can be found in electronic format on the Seychelles Human Rights Commission’s website at: www.seychelleshumanrights.com For further information about the Seychelles Human Rights Commission or copyright in this publication, please contact: Communications Unit, Seychelles Human Rights Commission, Dream gate Complex, Ile Du Port, Mahe, Seychelles.

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Content Legislation and Functions Strategic Priorities Letter to His Excellency the President of the Republic of Seychelles Letter to the Ministry of Finance, National Planning and Trade The Commission Organisational structure Foreword The Year in Review Strategic Priority One – Human Rights Promotion and Communications Strategic Priority Two – Monitoring Strategic Priority Three – Complaints and Investigations Strategic Priority Four – Review of Legislations & Policies Strategic Priority Five – Institutional Strengthening Consolidated Expenditure Outturn Consolidated Programme Expenditure Performance Challenges and Way Forward Annexes SHRC LEGISLATION AND FUNCTIONS Legislation The Seychelles Human Rights Commission (“Commission”) exercises its mandate under the Seychelles Human Rights Commission Act, 2018 (“ Act”).
The Act establishes the Commission and outlines its powers and functions.

The Act defines human rights and freedoms by reference to Chapter III of the Constitution of the Republic of Seychelles (“Constitution”).
According to Sections 14 (1) (a) the Commission is competent and obliged to: (i) make to recommendations the ministries at all levels of government it considers such action where the adoption of for advisable progressive measures the promotion of human rights within the framework of the Constitution and this Act, as well as appropriate measures for the further observance of such rights; for (ii) (iii) undertake such studies for reporting on or relating to human rights as it the available considers performance of its functions or to further the Commission; and objects the of in institution or request any head of the organisation the principal or any ministry or secretary of it with department supply to (i) information on any legislative or executive measures adopted by it relating to human rights; and Sections 14 (1) (b) conduct or manage Develop, and information programmes education programmes to foster public understanding and awareness of Chapter III of the Constitution, the Act and the role and activities of the Commission; (ii) Maintain, as far as is practicable, close liaison with institutions, bodies or authorities with similar objectives to the Commission in order to foster common policies and practices and to promote co-operation in relation to the handling of complaints in cases of overlapping jurisdiction or other appropriate instances; (iii) (iv) and interact with Liaise any organisation which actively promotes respect for human rights and other sectors of civil society to further the objects of the
 Commission; Consider recommendations suggestions and requests concerning the promotion of respect for human rights as it may receive from any source; (v) Review government policies relating to human rights and may make recommendations; (vi) Monitor the implementation of, and compliance with, international and regional conventions and treaties, international and regional covenants and regional charters relating to the objects of the Commission; international and (vii) Prepare and submit reports to the National Assembly pertaining to any such convention, treaty, covenant or charter relating to the objects of the Commission and; (viii) Carry out or cause to be carried out such studies concerning human rights as may be referred to it by the President, and the Commission shall include in a report referred to in section 20(1) a report setting out the results of each study together with such recommendations in relation thereto as it considers appropriate.
Section competent to - (4) The Commission is (a) Investigate on its own initiative, or on receipt of a complaint, any alleged violation of human rights, and if, the after Commission is of the opinion that there is substance in any complaint it shall assist the made to complainant and other persons investigation, due it, adversely affected thereby, to secure redress, and it may arrange for or provide financial assistance to enable in a proceedings to be competent court for necessary relief or may direct a complainant to an appropriate forum; and initiated (b) Initiate proceedings in a competent court or tribunal in its own name, or on behalf of a person or a group or class of persons, including proceedings relating to the constitutionality of a law or the provisions of a law; Independence of the Commission Section 3 (2) of the Act provides that “The Commission shall be a self-governing, neutral and independent body and shall not be subject to the direction or control of any person or authority” Letter to His Excellency the President of the Republic of Seychelles 01st March 2023 His Excellency The President of the Republic of Seychelles Office of the President State House Victoria Dear Mr. President, Re: Seychelles Human Rights Commission Annual Report 2022 Pursuant to section 22 of the Seychelles Human Rights Commission Act, 2018, I am pleased to submit the Annual Report of the Seychelles Human Rights Commission (“Commission”) for the year ending 31 December 2022.
This report is compiled on the basis of records held by the Commission, as duly provided by the Chief Executive Officer and his staff.
Yours sincerely, Justice Bernardin Renaud (Rtd) CHAIRPERSON Letter to the Minister of Finance, National Planning and Trade 01st March 2023 Mr. Naadir Hassan Minister of Finance, National Planning and Trade Liberty House Victoria Dear Mr. Hassan, Re: Seychelles Human Rights Commission Annual Report 2022 Pursuant to section 22 of the Seychelles Human Rights Commission Act, 2018, I am pleased to submit the Annual Report of the Seychelles Human Rights Commission (“Commission”) for the year ending 31 December 2022.
This report is compiled on the basis of records held by the Commission, as duly provided by the Chief Executive Officer and his staff.
Yours sincerely, Justice Bernardin Renaud (Rtd) CHAIRPERSON The Commission Organisational Structure COMMISSIONERS CHIEF EXECUTIVE OFFICER LEGAL DIRECTOR HUMAN RIGHTS ANALYST COMPLAINTS & INVESTIGATIONS MONITORING UNIT EDUCATION UNIT COMMUNICATIONS UNIT ADMINISTRATION & FINANCE Senior Monitoring Officer Senior Education Officer Communications Officer Senior Investigator Investigator Registrar Senior Finance Officer Admin & HR Officer Receptionist Driver Commissioners In accordance with Section 5 of the Seychelles Human Rights Act, 2018, the President of the Republic of Seychelles in consultation with the Speaker of the National Assembly appoint a Chairperson, a Deputy Chairperson and three Commissioners selected from a panel of three candidates for east post proposed by the Constitutional Appointments Authority and such appointments shall be published in the Gazette.
The following persons were appointed by the Constitutional Appointments Authority:  Justice Bernardin Renaud (Rtd)  Mrs. Michelle De Lacoudraye Harter  Mrs. Barbara Carolus-Andre  Mr. Roger Toussaint  Ms. Michelle Margueritte - Chairperson - Deputy Chairperson – Commissioner - Commissioner - Commissioner From left to right: Mr. Roger Toussaint, Ms. Michelle Margueritte, Mrs. Barbara Carolus-Andre, Justice Bernadin Renaud (Rtd) and Mrs. Michelle De Lacoudraye Harter Staff of the Commission Mr. Elvis Julie Chief Executive Officer Mr. George Robert Legal Director Mrs. Nicole Larsen Senior Monitoring Officer Mr. Winsley Cedras Senior Investigation Officer Ms. Sophie Lagrenade Senior Education & Training Officer Ms. Xenia Pantazopoulou Human Rights Analyst Ms. Gina Come Communications Officer Ms. Marie Cecile Francoise Investigator Ms. Colvine Julienne Registrar Ms. Karen Jean-Baptiste Senior Finance Officer Ms. Sheila Vidot Administration Officer Ms. Jona Ernesta Client Assistant Mr. Kenny Perrault Driver / Messenger Chairperson’s Foreword promotion and education and a variety of human rights trainings and sessions made possible under the EU funded project.
The Commission filed a joint petition before the Constitutional Court of Seychelles to the the Constitutionality review Constitution of Seychelles (10th Amendment) Act, 2022. of It give me great pleasure to present the Seychelles Human Rights Commission (’the Commission’) Annual Report for the year ending 31 December 2022.

This report reflects the work conducted as per the Commissions mandate under the Act.
for The year 2022 has marked some momentous milestones the Commission which includes the Memorandum of Understanding (‘MOU’) between the Commission and the Supreme Court of Seychelles.

Signed by the Chief Justice and Myself the MOU aims at enhancing the collaboration between the the Supreme Court of Seychelles and Commission the training and through development of procedures consistent with the Paris Principles.
The Commission has undertaken a range of activities during the year as per its mandate to promote and protect human in Seychelles.

These included, monitoring the implementation of national, international and and regional receiving conventions, rights investigating complaints, human rights The Commission is leaping into 2023, as we look forward to enhance the collaboration with public authorities to ensure that all domestic, international and regional human rights standards are institutionalized.
The Commission greater engagement with the United Nations and its agencies as we pave the way to being fully ‘Paris Principles’ compliant.

anticipating is Moreover, the commission recognizes the need to be more visible to and engage with the public on human rights issues, which is why the Commission intends to emphasize on immediacy of human rights publications through mainstream media.
I would like to take this opportunity to express my gratitude to the Commissioners, the Chief Executive Officer and the Commission’s team of dedicated staff for all their hard work and passion for human rights.
Justice Bernardin Renaud (Retd) Chairperson 2022 in Review The following provides an overview of the key human rights achievements in 2022 MILESTONE The Commission signed a Memorandum of Understanding with the Judiciary of Seychelles The Commission and the Judiciary of Seychelles (“Judiciary”) signed a Memorandum of Understanding (“MoU”) on Wednesday, 27th April, 2022.

The purpose of the MoU is to create a mechanism for cooperation between the Commission and the Judiciary.
By signing the MoU, the Commission and the Judiciary agree to cooperate with each other through training and the development of procedures consistent with the Paris Principles, for a period of two years from the date of the MoU’s signature.

The signing took place between Chief Justice Rony Govinden and the Chairperson of the Commission, Justice Bernardin Renaud at the Palais De Justice.
MONITORING Monitoring visits to places of Detention (Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) The purpose of the aforementioned Convention is to prevent and eradicate the use of torture and other cruel, inhuman or degrading treatment or punishment, and to ensure accountability for acts of torture.
Section 14 (1) (b) (vi) of the Act empowers the Commission to monitor the implementation of and compliance with international and regional conventions, treaties, covenants and charters relating to the objects of the Commission A team spearheaded by the Senior Monitoring Officer successfully conducted a total of 9 monitoring visits at places of detention, including on Praslin and La Digue.
These monitoring visits aim to assess whether the detention conditions at places of detention throughout Seychelles are up to the required domestic and international standards.

JUDICIAL REVIEW The Commission, the Ombudsman and the Bar Association of Seychelles lodged a joint petition with the Constitutional Court.
The Seychelles Human Rights Commission, the Ombudsman and the Bar Association of Seychelles lodged a joint petition with the Constitutional Court on Tuesday 3th September 2022 for a review of the constitutionality of Article 3 of the Constitution of the Republic of Seychelles (Tenth amendment) Act, 2022, which empowers the Defence Forces to carry out internal law enforcement in Seychelles outside the context of a public emergency.
The three organisation shares the concern that this Tenth Amendment undermines the democratic protections afforded by the Constitution, in particular due process, the rule of law and human rights.

The basic contention of the petition is that the Constitution may not be amended to erode any of those basic democratic structures or guarantees or otherwise undermine its democratic purpose – at least not by the procedure adopted in the Tenth Amendment.
Concerns were raised before the Tenth Amendment Bill was presented to the National Assembly but regrettably were not given the opportunity to engage with the National Assembly or the Bills Committee.

The parties believes that the legislative process followed has impacted the fundamental principles on which our democracy is founded.
Furthermore, the parties believe these to be of sufficiently high national importance to merit a determination of the constitutionality of the Tenth Amendment, including the process involved in its enactment.

Such determination will provide guidance for future amendments to the Constitution and contribute to the jurisprudence of our sovereign democratic Republic.
EDUCATION & AWARENESS CONSITUTION DAY - 18 JUNE 2022 As part of its mandate under Section 14 (1) (b) (i) of the Act, the Commission organised an awareness campaign to commemorate Constitution Day.

The campaign was aimed at sensitising the public to the Constitution, more precisely Chapter III: the Seychellois Charter of Fundamental Human Rights and Freedoms.
The Commission organised a diversity of activities to reach out to various groups of society, namely a mini- expo, a four-day social media campaign and a radio quiz game.

The Commission engaged with the public by setting up stalls in Victoria and Providence, wherefrom the staff disseminated informational material and responded to human rights-related queries.
WORKSHOP WITH THE MEDIA COMMUNITY The Commission organised a Human Rights Working Session with media representatives on Wednesday, 20th April, 2022 at the SAVOY Resort and Spa.

The Working Session was facilitated by the Commission's Legal Director, Mr. George Robert, who focused on the mechanics of the Constitution in the context of human rights.

Renaud Bernardin In attendance were H.E.

Mr. Dominique Mas (Ambassador for France in Seychelles), Hon.
(Chairperson, Justice Seychelles Human Rights Commission), Mrs. Nichole Tirant-Gherardi (Ombudsman), Ms. Thereza Dogley (CEO, Information Commission), Mr. Ibrahim Afif (CEO, Media Commission), journalists, journalism students from UNISEY, and staff of the Commission.
HUMAN RIGHTS SURVEY As part of the Constitution Day activity the Commission conducted a human rights survey to test the knowledge of members of the public on the Commission’s mandate, chapter III of the Constitution and human rights in general.
A survey conducted with the participation of 70 members of the public on the occasion of Human Rights Day in December 2021 revealed the following results:         93% said they knew of the existence of the SHRC 75% of them knew of the SHRC through the media 10% reported HR education as one of the mandates of the Commission while 48% said it was to protect and defend the human rights of people 40% were not aware of the role of the Commission 35% reported being aware of at least one of the reports published by the Commission while 65% had not heard of any Those reporting hearing about the reports, stated that they had heard about the restrictions on entry for Seychellois citizens, (10%)- suspension of the thirteenth-month pay under the Employment Act, (35%) -conditions of places of detention (Perseverance Police Stations) and on arrest, (25%)- detention and deportation under the Immigration Decree.
(30%) 78% reported that there was insufficient HR education in Seychelles 56% reported being aware of the existence of a Charter of Human Rights and Fundamental Freedoms in the Seychelles Constitution while 44% were not aware.

The survey revealed that while there seems to be a general understanding of HR in Seychelles and on the relevant issues, there is need for more education as reported by the participants themselves.
However, it must be recognised that human rights education must be supported with a strong commitment by the Government especially in some critical areas like the Police.

Additionally, the SHRC must also be allowed to play a more prominent role in the national discourse to ensure conformity with the Constitution.

Stronger commitment is needed from the Police and Immigration Department to ensure the realisation of activities projected with these two sectors.
The Commission’s Strategic Priorities1 Priority 1 Human Rights Promotion and Communications Priority 2 Monitoring Priority 3 Complaints and Investigations Priority 4 Review of Legislations & Policies Priority 5 Institutional Strengthening 1 Annex 1 – Strategic Priorities Priority 1: Human Rights Promotion and Communications The Commission is mandated under section 14 (1) (b) (i) of the Act to develop, conduct and manage information and education programmes to foster public awareness of Chapter III of the Constitution, the Act, and the role and activities of the Commission.
EU Project “Human Rights Promotion in Seychelles” On the 8th October 2021, the SHRC hosted the launching of the "Human Rights Promotion in Seychelles" project.

As per its Act, the SHRC is mandated to promote and protect human rights in Seychelles and as such, the project will complement the programmes of the Commission.

The project has been funded by the EU and will span for a period of three years.
It is important to note that currently the Education and Training aspect of the Commission is being captured under the EU Project.

The sessions and training are facilitated by the Senior Education and Training Officer, the Legal Director and the Project Coordinator.

The beneficiaries of the sessions included various government departments, civil society and schools.
The participants were very receptive to the training and there has been a proposal for more in-depth sessions which focusses on specific human rights issues.

Beneficiaries Government Officials in pre-service and service including law enforcement officers are trained on how to apply a human rights-based approach in the discharge of their duties, especially when dealing with cases involving vulnerable groups.
Some organisations like Prison Division, Police Academy, Probation Services, Ministry of Education, Social Services and Family Affairs have shown the desire to go beyond the educational sessions and to identify areas for more concrete actions that will result in measurable impacts.

Efforts to engage with the Police and Immigration, two critical organisations, have proven difficult so far.
Civil Society, Media Community and Vulnerable Groups Citizens, media community, civil society and especially vulnerable groups were sensitized on respect for human rights.

 Members of the media were invited in a half-day session to launch the project in the presence of the French Ambassador.

While attendance can be termed as satisfactory, 15 journalists out of the confirmed 25 participants showed up for the session.

 The NGO sector however had a relatively poor turn-out.
12 participants representing CEPS and 8 representing Father’s Association, ARID and WASO attended the 2 sessions that were organized.

 The sessions with staff of the Ministry of Family Affairs, Social Services Department, a group of elderly citizens, a group of disabled persons, GBV advocates and the National Council for Children.

Primary and Secondary Schools All projected sessions were organized with 6 groups of school children from secondary schools on Mahe, Praslin and La Digue.
The students were class room prefects, their deputies and representatives of students’ bodies in their respective schools.

They were provided with educational materials and encouraged to share the knowledge with their counterparts.

Students on Mahe were hosted at the Human Rights Information and Legal Centre at the office of the Seychelles Human Rights Commission at Ile de Port.
Attendance  10 Students attended from Plaisance Secondary School  8 from Mont Fleuri Secondary School  13 from English River Secondary School  16 from Perseverance Secondary School  17 From Praslin Secondary School  16 from La Digue Secondary School Training of Personal, Social and Careers Education Head-Teachers and their Deputies as well as Personal Social and Civil Education teachers were identified for training so that they can transmit the content of the sessions to their respective students and staff members.
They were provided with additional educational materials to share at their schools.

In all 21 PSCE Teachers and 21 Head-Teachers and Deputies attended the sessions.

A special survey was conducted with PSCE Teachers to gauge their views on how HR is being taught in schools, how comfortable they are with teaching HR and whether they have enough information to deliver up-to date and child-friendly content to their students.
The results of the survey with 21 PSCE Teachers are as follows:          100% reported that some form of HR is being taught through the PSCE Curriculum at least once a term in the Secondary schools There is however not one single source of instruction that is used for HR education.

60% of teachers reported using the internet as a medium to source human rights materials while most were using a simplified version of the Seychelles Constitution (80%).
In terms of the effectiveness of the materials: 57% felt materials were well suited for teaching HR, 72% felt they were outdated, 48% felt they were not child-friendly and 24% felt they were too complicated.

81% of PSCE Teachers reported having undergone some form of training on HR 62% stated they felt qualified to teach HR, 23% felt they were not qualified with the remaining 15% not answering the question.
In terms of student motivation, 60% felt students were motivated to learn of HR while 40% were not motivated.

25% reported that the level of interest depended on the content/strategies used.

Teachers reported that some students did not understand the purpose of HR education with some even comparing it to politics.

The majority of teachers agreed that HR Education should start at an earlier age and become a more prominent part of the Curriculum.
It is clear from the two surveys conducted (with the general public and PSCE Teachers) that there is a strong desire for greater human rights education in Seychelles.

In order for the education sector to play a more active role in this process, it is recommended that the PSCE Curriculum is reviewed with the aim of developing new, more relevant, home-grown, and interactive and more child-friendly materials.
Teacher training is another area where there needs to be greater education because it became clear though the sessions that some teachers were bringing their personal views and prejudices in the teaching of HR.

It is evident that the above cannot be realized within the mandate of this Project but the sessions with school children, Head-Teachers and PSCE Teachers have revealed that there is real interest and commitment within the sector.
A greater focus on the Primary, Secondary and Tertiary education sector will allow for greater impact and more meaningful change in Seychelles.

The results of the actions have been positive.

Participants have expressed appreciation for the sessions and revealed that they were not fully aware of their rights as individuals but also as duty- bearers.
The sessions focused on the Seychellois Charter of Fundamental Rights and Freedoms which were delivered though PowerPoint presentation, human rights video streaming, group activities and question and answer sessions.

Using the 25 Human Rights enshrined in the Seychelles Constitution allowed for a holistic approach that mainstreamed cross-cutting issues like the promotion of human rights, gender equality, democracy, good governance and children’s rights.

Outcome 1.1.
Outcome 1.1.

Progressive understanding of human rights laws and protection amongst duty bearers Almost 60% of the projected activities have so far been realised.

This is because the remaining activities are scheduled for the remaining 3 months of this year and due to the fact that the reporting period for this year has been cut off to August.

The sessions have shown that there is a definite lack of awareness on human rights issues and the Constitution in Seychelles.
Ingrained cultural beliefs and assumptions as well as overtly religious views have been identified as challenges.

In the absence of clear operational procedures and guidelines at organisational level, confusion and in some cases a laissez-faire attitude will continue to exist and HR violations will continue to occur despite an increased level of education and awareness.

Outcome 1.2 and 1.3 Increased digital engagement and greater availability of human rights educational content to rights holders.
The Commission has developed a wide range of promotional materials including booklets, posters, promotional brochures and social media contents in the form of shareable images and short video clips.

These promotional materials aimed at providing a more visual understanding of human rights, the commission and chapter III of the Constitution of Seychelles.
Social Media contents have enabled the Commission to reach a wider audience especially the younger users to learn more about the Commission’s work, human rights and access news and information.

The level of engagement on the Commission’s social media platform, more specifically Facebook, has increase during the year 2021.

Social has been another great tool in promoting and awareness raising of the United Nations commemorative days.
The Commission streamlined the contents to provide greater visibility, specifically to Human Rights related days.

The Commission published a total of 26 content in relation to the UN Days, through eye-catching posts and videos.
  Human Rights United Nations Commemorative Days International Day of Education  World Humanitarian Day International Day of Human Fraternity  World Day of Social Justice  Zero Discrimination Day    International Day of Democracy International Day of Peace International Day for Universal Access  International Day for the Elimination of to Information Racial Discrimination  World Health Day  International Day of Non Violence  World Mental Health Day  World Press Freedom Day  International Day for the Eradication of  International Day of Families Poverty  World Day against Child Labour  United Nations Day  World Elder Abuse Day  International for the Elimination of   International Day for Tolerance International Day for the Elimination of Sexual Violence Conflict Violence against Women  World Refugee Day  Human Rights Day  World Day against Trafficking in Persons Way Forward Human Rights Sessions The Commission anticipates to continue and increase its education programme throughout 2023 under the EU Project.
The Commission will be targeting members of the public, Secondary Schools and Tertiary Education Institutions.

Moreover, there is a need to conduct sessions with entities which the Commission has issued Investigation and Analysis Report (IAR) to, in relation to the monitoring visits conducted at places of detention.

This includes entities in the purview of Ministry of Internal Affairs.
Communications and Visibility The Commission’s purpose of communication and visibility is to ensure that any communications on the Commission’s activities, news and information is consistent with its values and priorities.
The Commission is anticipating the following:  Enhance the visibility of the Commission’s activities using all communication methods (newspaper publications, digital media, social media and website);  Revamp the Commission’s website to make it more accessible and user friendly;  Ensure that the Commission is actively present on all major Social Media Platforms;  Create more digital contents on its Social Media Platforms;  Provide visibility through media programmes in collaboration with stakeholders and media houses;  Conduct human rights promotion sessions with members of the public and other related target groups on human rights topical issues; and  Establish links and collaboration with local international organizations in the protection and promotion of human rights.
Priority 2: Monitoring National and International Human Rights Standards Section 14 (1) (b) (vi) of the Seychelles Human Rights Commission Act, 2018 provides that The Commission- Shall monitor the implementation of, and compliance with international and regional conventions and treaties, international and regional covenants and international and regional charters relating to the objects of the Commission.
As such it is essential to recognise that the Commission has a key role to play in the monitoring of international human rights obligations within the governance mechanisms of the Government and the reinforcement of the Rule of Law.

Outcome 2.1.
Outcome 2.1.

Improved conditions of places of detention Monitoring Visits to Places of Detention In accordance with Articles 18 & 16 of the Constitution, Articles 10 & 11 of the Convention Against Torture and Other Cruel, inhuman or Degrading Treatment or Punishment (“CAT”), and Articles 9 & 10 of the International Covenant on Civil and Political Rights (“ICCPR”), the Commission conducted monitoring visits to places of detention.
The monitoring visits’ main focus was to observe and make recommendations to improve the conditions of detention and procedures relating to arrest and detention.

In 2022, the Commission visited a total of 9 places of detention across Mahe, Praslin and La Digue, including Mont Fleuri, Anse Aux Pins, Grande Anse (Praslin), Baie Ste Anne (Praslin), La Passe (La Digue), Anse Royale, Anse Boileau, Port Glaud and Quatre Borne in Takamaka.
Methodology The monitoring exercise undertaken at the Police Stations focused on: Conditions of places of detention and procedures relating to arrest and detention through the following interventions – (1) Quantitative: through measurements; and (2) Qualitative: in the form of observations and interviews from a checklist.

Reporting 1.
Reporting 1.

Monitoring Report The aim of the monitoring report is to carry out an audit of places of detention in Seychelles with an objective to raise the standards so that Seychelles can meet its domestic and international obligations.

The report focuses on the observations made on detention conditions at the Police Stations.

2.
2.

Investigations and Analysis Report (IAR) Investigation and Analysis Reports (“IARs”) in the context of detention monitoring are legal reports that itemise the observable and measurable conditions at places of detention visited by the Commission.

Thereafter, the conditions are juxtaposed against the domestic and international human rights standard, whereby a comparative legal analysis enables the Commission to issue an opinion and a set of recommendations.
These recommendations aim to guide the State in raising the standard of conditions at places of detention to effectively meet the State’s minimum core obligations, as per the Constitution of the Republic of Seychelles read with the International Covenant on Civil and Political Rights (“ICCPR”) and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”), both of which the State ratified on May 5th, 1992.
Some Observations noted during monitoring visits  Lack of provision for hygiene and sanitary includes: products;     Inadequate living space inside the cell;  Lack of provision of direct drinking water and Lack of in-cell ventilation and excessively seating arrangements; humid climate;  Lack of provision of food that is consistently Inadequate natural and artificial light; health healthy and safe to consume; Lack of hygienic, fully functional and private  Lack of provision for sleeping arrangements, sanitation facilities; such as mattresses, pillows, blankets, as well as clothes and towels.
Outcome 2.2.

Increased monitoring of the State’s implementation of United Nations International Human Rights Treaties Convention on Migrant Workers (CMW) The Commission followed up on the submission of the CMW report under the simplified procedure.

The Department of Employment stated that the CMW Committee will adopt a List of Issues Prior to Reporting (LOIPR) for Seychelles during its 36th session, which will take place in Geneva from Monday, 27th March to Thursday, 6th April 2023.
The adopted LOIPR will be transmitted to the Permanent Mission of the Republic of Seychelles in Geneva, with a deadline of a maximum of 8 months for Seychelles to provide its reply.

The LOIPR and the State’s reply thereto will constitute the report of the State Party.
It is only once Seychelles’ reply to the LOIPR is received by the Secretariat that it will plan for a constructive dialogue between a delegation from Seychelles and the CMW Committee, which will adopt the Concluding Observations under the provisions of the CMW.

Convention on the Rights of Persons with Disabilities (CRPD) The Commission submitted its response to the concluding observations on the initial report of Seychelles, issued by the Committee on the Rights of Persons with Disabilities in 2018.
The General Principles and Obligations of the CRPD is to Promote and defend a human rights model for disability and eliminate the use of all derogatory language in laws and when referring to persons with disabilities.

Further to the recommendations the Commission responded: The monitoring unit of the SHRC, due to budget constraints, only has one staff member.

This unit has started monitoring the implementation of and compliance with the nine core UN Human Rights treaties that Seychelles has ratified.
Moreover, the Education and Training unit has also only one staff member.
As stated in the Seychelles Human Rights Commission Act, 2018 in Section 14(1) b (i) “the Commission shall develop, conduct or manage information programmes and education programmes to foster public understanding and awareness of Chapter 3 of the Constitution, this Act and the role and activities of the Commission.” Priority 3: Investigations and Complaints Handling Complaints handling and investigations are a core function of the Commission.
Section 14 (4) (a) of the Act empowers the Commission to investigate alleged violations of human rights on its own initiative or on receipt of a complaint.

Furthermore, the Commission may initiate proceedings in a competent court or tribunal in its own name, or on behalf of a person or a group or class of persons, including proceedings relating to the constitutionality of a law or the provisions of a law.
Procedures determine that there is an existing The Commission approved the Complaints mechanism that can deal with the specific Handling and Investigations Procedures in nature of a complaint, the Commission may May 2022.

These Procedures aim to guide refer the Complainant thereto in the first persons as to how the Commission handles instance.

complaints, conducts investigations, and makes its opinions and recommendations.
As such, they are critical for providing well- founded and reasoned opinions, as well as recommendations, in the most effective and efficient way possible.
Complaints Handling & Investigations Alternative Dispute Resolution (ADR) The Commission may, pursuant to section 15 of the Act, resolve complaints via negotiation, conciliation or mediation, where the Commission sees it justifiable, based on an Investigations and Analysis Report, for it to resolve the matter in such Upon receiving a formal complaint, the manner.
As at 31st December 2022, the Commission may carry out an initial Commission has not yet conducted any ADR assessment of the complaint to determine in view that the Commission didn’t have the whether it contains a possible human rights proper resources and that the Commission is violation and meets the complaints criteria.

in dire need of conducting awareness of the Furthermore, should the Commission ADR process.

Outcome 3.1.
Outcome 3.1.

Reduction in alleged human rights violations received Summary of Complaints 2022 A total of 117 enquiries were registered at the Commission in 2022.

This included complaints in relation to alleged human rights violations and from persons seeking the Commission’s assistance and advice.

Upon assessment, certain complaints were found to be cross-cutting, which means that the violation of more than one human right may have been involved.
It is important to highlight that, in 2022, the Commission recorded an increase of 50% in the total enquiries registered compared to the previous year (2021).

A total of 18 enquiries contained a possible human right violation and were registered to be investigated.
Summary of Complaints Registered to be investigated**2 Other Statistics 2 The graphs and charts will show a discrepancy in the figures, in view that certain complaints were cross-cutting and contained more than one alleged human rights violation.
Priority 4: Review of Legislations & Policies Pursuant to section 14 (1) (a) (i) of the Act, the Commission is mandated to make recommendations to ministries at all levels of government where it considers such action advisable for the adoption of progressive measures for the promotion of human rights within the framework of the Constitution.

Furthermore, under section 14 (1) (b) (v), the Commission is mandated to review government policies relating to human rights and may make recommendations.
Outcome 4.1. institutionalisation of the human rights approach Improved human rights results in government and the Opinion on Bills Reports The Commission reported on proposed legislation that, in the Commission’s opinion, may not be entirely consistent with Chapter III of the Constitution or norms of international human rights law.
The Commission drafted and issued two Opinion on Bills Reports, namely the:  Financial Consumer Protection Bill, 2022 (Bill No.1 of 2022) The Commission is of the opinion that the Bill before it, in the current draft, prima facie, may lack the due process necessary to render the limitations on the right to privacy and the right to shelter implicated in this Bill permissible.
Furthermore, the Commission is concerned that the current draft of the Bill may not adequately respect and fulfil the right to a fair hearing under Article 19 of the Constitution, namely clause (7) of the same, as it may not, prima facie, grant the services provider an opportunity to be independently and impartially heard in a manner that is conducive to the requirements of domestic and international human rights law, which call for, among other things, the separation of investigative and hearing powers.
 Constitution of the Republic of Seychelles (Tenth Amendment) Bill, 2022 (Bill No.

06 of 2022) The questions analysed in this report include whether article 163 of the Constitution currently permits the Defence Forces of Seychelles to execute law enforcement powers within the maritime zones of Seychelles and the potential consequences that the proposed amendment may have on human rights, the rule of law and due process.
Final Position after Response Reports The Commission, after receiving a response from a Responsible Government Body vis-à-vis a previously issued report, drafts a Final Position after Response Report, outlining whether the Commission maintains their original position in the context of the aforementioned response.
The Commission drafted and issued one Final Position after Response Report in 2022, namely the:  Final Position After Response on the Restrictions on Entry to Seychelles for Seychellois Citizens The Commission, having reviewed the response of the Ministry of Internal Affairs to the Commission’s Review of Legislation and Government Policies Analysis Report (dated 3rd December 2021), which can be found on the Commission’s website, maintained its original opinion and recommendations with regard to the entry restrictions imposed on Seychellois citizens.
The Commission maintained its original opinion and recommendations on the basis that the Ministry’s response did not appear to provide any information based on fact or legal merit that may have altered the Commission’s original conclusions.
Priority 5: Institutional Strengthening Pursuant to section 14 (1) (b) (ii) of the Act, the Commission is mandated to maintain close liaison with institutions, bodies or authorities with similar objectives to the Commission in order to foster common policies and practices and to promote co-operation in relation to the handling of complaints in cases of overlapping jurisdiction or other appropriate instances.
Furthermore, section 14 (1) (b) (iii) of the Act empowers the Commission to liaise and interact with any organisation which actively promotes respect for human rights and other sectors of civil society to further the objects of the Commission.

Outcome 4.1.

Improved human rights awareness and cooperation between the Commission and other organisation.
Capacity-Building Capacity-building at the Commission is often done through training and institutional strengthening is focused on the Commission’s systems and structures needed to function effectively to deliver its mandate.

Capacity-building in the human rights field is crucial to ensure that staff of the Commission have the necessary knowledge and skills to perform their duties effectively.
Moreover, it is of utmost importance that staff of the Commission is familiar with international human rights standards and values.

During the year 2022, staff and Commissioners of the Commission benefited from capacity- building activities and engaged with various institutions both locally and internationally, as depicted in the Table 1.
DATE 17 June 2022 ACTIVITY UNAFRI fact-finding mission in Seychelles 17 June 1022 University of Seychelles Workshop for Practice Teachers DETAILS UNAFRI fact-finding mission in Seychelles on the implementation of SDG -16 and to explore possibilities of conducting training in the near future for senior to middle-level managers in the criminal justice sector.

Facilitating learning during field placement for University student following degree in social work.
10th of August STC Conference room 22nd August 2022 STC Conference Validation workshop The 7th progress report on the Implementation of the Convention of the Rights of the Child Half day workshop 22nd August – 23rd August 2022 Training workshop 5th September 2022 Gender Workshop to Validate new EU gender action plan for 2021– 2025 (GAP III The purpose of the workshop is to allow stakeholders from different industries to meet and propose a mechanism which businesses can put in place to address the issue of abuse in the workplace.
Bodily Autonomy and Integrity Training Workshop - ARASA Premier Hotel in Johannesburg, South Africa.
Meetings on Gender Gap Analysis and Gender Country Profile, the Research and Policy Planning Division within the Family Department in collaboration with the Ministry of Foreign Affairs and Tourism and the European Union ATTENDED BY CEO Ms Sheila Vidot (Senior Administration Officer) Mrs Nicole Larsen (Senior Monitoring Officer) Mrs Gina Come (Communications Officer) CEO Ms. Sophie Lagrenade (Senior Education Officer) Mrs Nicole Larsen (Senior Monitoring Officer) Corporate Services The primary role of the Corporate Services is to provide effective and efficient administrative support to all units of the Commission.
This includes budget submissions and financial management, development of strategic priorities, training and development needs analysis, communications, and office and logistics management.

The Corporate Section falls under the responsibility of the Chief Executive Officer, Mr. Elvis Julie.

Recruitment The Commission employed 13 Staff as at 31st December 2022.

The below table shows the recruitment for the year 2022.
February Senior Education & Training Officer Communications Officer transparent process and criteria.

Candidates are assessed on their knowledge, experience, skills and abilities.

Financial Management Section 24 of the Act empowers the Commission to employ such employees as may be reasonably necessary to assist the Commission in the performance of its functions.
The employees shall be employed on such terms and conditions and receive such remuneration, allowances and other benefits as the Commission may, subject to the approval of the Minister, determine.
Section 20 of the Act stipulates that the funds of the Commission shall consist of – (a) Such monies as may be appropriated by the National assembly pursuant to an Appropriation Act the purposes of the Commission; for (b) Any monies received by the Commission by way of donations, Driver /Messenger gifts or grants from any legal sources May Senior Finance whether domestic or foreign; and Officer The recruitment and selection process of potential candidates is based on a (c) Any proceeds of sale, lease or transfer of movable or immovable property of the Commission.
FINANCIAL EXPENDITURE Consolidated Expenditure Outturn R'000s 2020 Audited Outturn Budget 2021 Revised Budget Preliminary Outturn Variance Revised Budget to Outturn Programmes P1:Protection of Human Rights Total Economic Classification 7,289 7,289 8,026 8,026 8,026 8,026 6,328 6,328 21.2% 21.2% CURRENT EXPENDITURE Compensation of Employees Wages and Salaries in Cash Wages and Salaries in Kind 7,289 3,024 3,024 - 8,026 3,494 3,494 - 8,026 3,494 3,494 - Use of Goods and Services 4,266 4,532 4,532 Office Expenses Transportation and Travel cost Maintenance and Repairs Materials and Supplies Other Uses of Goods and Services Minor Capital Outlays CAPITAL EXPENDITURE Non-financial Assets Building and Infrastructure Machinery and Equipment Other Fixed Assets Non-produced Assets 818 246 79 - 3,013 110 - - - - - - 786 240 79 - 3,352 75 - - - - - - 786 240 79 - 3,352 75 - - - - - - 6,328 3,331 3,331 - 2,996 692 29 30 - 2,174 71 - - - - - - 21.2% 4.7% 4.7% 0.0% 33.9% 12.0% 87.9% 61.5% 0.0% 35.1% 5.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Total 7,289 8,026 8,026 6,328 21.2% Consolidated Programme Expenditure Performance R'000s 2020 Audited Outturn Budget 2021 Revised Budget Preliminary Outturn Variance Revised Budget to Outturn % Programmes P1:Protection of Human Rights Total Economic Classification CURRENT EXPENDITURE Compensation of Employees Wages and Salaries in Cash Wages and Salaries in Kind Use of Goods and Services Office Expenses Transportation and Travel cost Maintenance and Repairs Materials and Supplies Other Uses of
 Goods and Services Minor Capital Outlays CAPITAL EXPENDITURE Non-financial Assets Building and Infrastructure Machinery and Equipment Other Fixed Assets Non-produced Assets 7,289 7,289 8,026 8,026 8,026 8,026 6,328 6,328 21.2% 21.2% 7,289 3,024 3,024 - 4,266 818 246 79 - 3,013 110 - - - - - - 8,026 3,494 3,494 - 4,532 786 240 79 - 3,352 75 - - - - - - 8,026 3,494 3,494 - 4,532 786 240 79 - 3,352 75 - - - - - - 6,328 3,331 3,331 - 2,996 692 29 30 - 2,174 71 - - - - - - 21.2% 4.7% 4.7% 0.0% 33.9% 12.0% 87.9% 61.5% 0.0% 35.1% 5.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Total 7,289 8,026 8,026 6,328 21.2% Summary of Challenges and Way Forward STRATEGIC PRIORITIES CHALLENGES IT IS RECOMMENDED THAT: Priority 1 – Human Rights Promotions and Communications Internal Inadequate Human Resources The Commission is equipped with a Senior Education & Training Officer and a Communications Officer.
Both employee have their set of duties, however, their duties partly interlinks in the creation of promotional materials which are currently being developed and designed in-house.

The designing itself consuming considering that the officers have other priorities to attend to.

time very is  The Commission considers the recruitment of an additional staff to assist the Senior Education and Training Officer to deliver trainings, and research production of materials.
And/or  Allocate additional to the designing of funds outsource promotional materials.

External for media Inadequate Funds productions There has been a lack of funding in order to produce media programmes focussing on various human rights topic.

Attendance of Participants at Human Rights Training Sessions/Outreach Activities The Commission has observed poor turnout at outreach events and educational sessions.
Moreover, to the point of agreeing on specific dates to conduct sessions with a particular group.

 With the introduction of Zero Based budgeting the Commission has budgeted for the production of media programmes for 2022.

 The Unit Communication conducts adequate promotion of activities especially events, reaching out to members of the public.
Priority 2 – Monitoring National and International Human Rights Standards Internal is one Inadequate Human Resources Senior currently There Monitoring Officer responsible for undertaking all monitoring duties.

There is a need to constantly perform follow ups with parent ministries vis-à- vis the implementation of the various international regional Conventions, covenants and treaties.
and External Delay to provide response from duty bearers There has been a lack of understanding of the systemic role of the Commission within the governance structure of the State and lack of effective participation further to the submission of the Commission’s Monitoring Reports and IARs.
the  The Commission considers the recruitment of an additional staff to assist the Senior Monitoring Officer to conduct monitoring of international standards as well as conducting education trainings on the 9 core human rights treaties.

 The Commission re-considers our approach to try and mitigate the lack of response by public authorities.

 Public must authorities institutionalise domestic and rights international their obligations structures.
human within  Public authorities special effort consider to making a understand the systemic role of the the Commission within by governance undertaking law, human rights and administrative law training provided by the Commission structure the rule of Priority 3 – Investigations and Complaints Handling Internal External Inadequate Human Resources The lack of human resources in the Complaints and Investigations Unit has had a substantial the Commission being able to effectively meet its investigation mandate.
impact on The lack of full corporation by public authorities, to whom the majority of the the Commission complaints before pertained.

This inhibits the complaints and investigation unit in their ability to investigate complaints in a timely and effective manner.

Priority 4 – Review of Laws and Policies External The lack of response and engagement from Government.

 The Commission strongly considers recruiting additional staff with legal or human rights backgrounds.
 Public Authorities must fully cooperate with the Commission to ensure that the Commission is able to complete its investigations and find potential resolutions for complaints before in a transparent, professional, effective accountable manner.

and it,  Public authorities special effort consider to making a understand the systemic role of the the Commission within governance by law, undertaking human rights and administrative law training provided by the Commission.
structure the rule of Human Dignity – Bedrock Humanity [14~August 2018] Supplement to Official.Gazette 113 , .

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Establishmentof'the Commission .


Powers and functions- of 'Chairperson,- Deputy 'Chairperson and Commissioners Appointment of Chairperson, Deputy Chairperson and Commissioners 5. , 6. '

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Commission' Resignation and.

vacancy in the office of Chairperson, Deputy Chairperson or Commissioner ..' , ' ' .

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Remuneration and allowances of Commissioners Independence and impartiality ., .

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Committees of Commission ' , 13. , 14., Powers and functions of Commission ' , 15. "

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', Investigations by Commission , ':.Mediation, conciliation ornegotiationby Cominission " .

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Entering and search of premises and attachment and removal of articles , ' '18.
Compensation forexpenses '19.

Reports byCommission " " , ' , ' ,J • " " , "'PARTm-FINANCE,~CCOtJNTSAND,REPORtS Funds of Commission ' 20.

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fr;!lhrp:Jt' 0:r':1()(POJ \omJ I; 'xI [L;'r;~ :J,nilMl n uo (2) n[The,,Gonstitutio~aI' rAPpointnient f Authority) shall; 1 .

before making" recommendation, 'subsection:s(rl);r advertise the posts of Chairperson, Deputy Chairperson and Commissioners specifying the 'qualification for such posfs' rr(JirJ'JliiJ ~rlJ or I'YJidt!?

:.d tor; (!J;r!<: ll(ll,:,,{f}lyf tfl:J!JfI'')T)ilflibnr: under ' , ;', • (3) 'A person: is ,.

'quaIlfied (J for, nit)pointmeiir'·as'.


',: ., [14th August 2018] Supplement to Official.

Gazette ._ .. , 119 Chairperson, Deputy Chairperson or Commissioner if the Constitutional Appointments Authority is ,of the opinion that , the person possesses demonstrated competerice and experience and can effectively discharge, the functions of the office of , Chairperson.Deputy Chairperson or Commissioner.

..

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.
..

.'

.

(4) The Chairperson, Deputy CharrP~rson, and the Commissioners shall hold office for a term of 5 years, and shall .r be eligible forreappointment.

• • , , , ·7 ' (5) 'Whenever' the Chairperson is absent (]f' for any reason unable to, exercise the powers .and.

perform the functions vested inthe .office of the Chairperson, or whenever the office of Chairperson is vacant; the Deputy 'Chairperson shall exercise all the powers and shall perform all the functions .

.of the Chairperson.'

.

",.

.


.'

.1. :' ., "_ , .

(6)' Whenever both the Chairperson, and the Deputy· Chairperson are absent or forany reason unable to exercise the powers and perform the functions vested in the office, of, .

Chairperson,' or whenever' both offices are vacant,": the , remainingCommissionersshall from amongthemselves elect an acting Chairperson. '

" ' (7) Any 'Cotiunission~r acting as ChairPerson.'
of the Commission by virtue of the provisions of subsection (8) may, while so acting, exercise all the powers and 'shall, while so acting, perform all the functions of the Chairperson.

, ,.

',.

. "

: , (8) 'Where a vacancy' occurs in·the office' of th€?
Chairperson' by reason 'of death, 'resignation, or for any other reason stipulated in section 7, the President may authorise the Deputy Chairperson or inhis or her.absence or vacancy in the J office of theDeputy Chairperson, a Commissioner to act as Chairperson until the vacancy is filled in accordance with this Act. '

.

i .

(9).

Where a vacancy occurs inthe office,of the Deputy .

.Chairperson by reason of death, resignation or for any-other .

.

., , ' t I, :".

'~;:' )1,' •.

... I~" .


: , ".,;'_l :riif;'p'_ :);"·,':~('''-1·1 I," -: ..

;.<,,'.,": reason stipulated-in 'sectionZ,' the President may' authorise"a Commissioner to a-ctas t~e Deputy-Chairperson, ~i;:"" ',:_. :~,:, , ~'(10) '"A person authorisedunder subsection(10),or (11) j may hold the office for the unexpiredterm'of'the vacancyto' , which that person is authorised or till 'a person is appointed to' , the vacancy.whichever earlier.as the case may be, '.

", ' !

;.
", ' !

;.

~'~.,i~f:":.J!.._'r 1"""'1 •• ::',':.

..'!~~)j (11) " Subsecti~n (12) ~hall inutatis;'rlnitaIidis' apply to 'a' " vacancy.caused in the office of a Commissioner also. "

vr..: , , (12),-: The)'Chairperson',"'Deputy"Cnairpersotl"and 'the .CommissionersshallnoUmter:upon the dutiesof theiroffices , unless 'they have taken ~hdsubscribed before the President the '.

OathofAlleglclnce'andtht:!

]JdlcialOath::: !

'I_;," , J, " , {·~:'I ';: "r;, .

,: :'1: ': .r- ~,Il~ .

: , .'

' ...I I--;;~; .


': ") .. .n: '"t, 'i JI,\" ;":_.,' 1;r.: :"f;\" ;·;t ' i Jjf,':i":,' \ .J j ',.tj:d: -.

', I'.

:.

.

.

,; .

, , Eligibility of Chairperson., ' Deputy Chairperson' and Commissioners of Commission ' , , ,6.

(1) .

A person having the qualifications specified under \section'S'is eligible to be appointed asthe Chairperson, Deputy thecase -m~y'be, ifthat ChairPersoil'or·~JCorrUnissiorier;:as " I !t .

,..'"; -,,;, .

", ."

;;;t),-~'I''r'.,";it~:i~'n ':, .


,person- .,.

': ~:.~r:JI~~JI·:;!:;~..:.

;.

'~',.

::;.,-::,(~)!~:i~\a,~iti~~n,~f,.~~r~~.~4~~:p'~~~~ntly'~"the,· ..

.

;, ,:,:" ,," ' ,Republic; J I~.

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;' - '(b) , is of proven integrity; and :' ~::I'''I~... ~.J: .iii).J.,I:.

• .

I· .,....;..

,~<'('.~ ," , ("'.


,.. ,.

,'I_.

.r.

: , " II'(c) > :isnot an undischarged insolventor bankrupt.

':' '.

}:.,:'\Ir:'~'.i" f'" ~ ':1,' (2) : A person shall not be appointed 'as'the Chairperson,' !J ·t;·r.

r 1'"':', I~.

":,La::)',:: :l.i("~ :r".'

"~;' .. ,, .. ,.

'_ ~' f".

r }.

• • ' .'

'.J • • .J I """"r', ")"1"",) · .If · ' '\", ( .. ' i' Deputy Chairperson or a Commissioner if that person-s- r,.

,.. ·,"V. ,t e. [,·dv, .j:.. (a)11) holds.ioffice.

l't' ,,' J. I _ .
l't' ,,' J. I _ .

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1lca p , 1,1, "l'''.·I''· ...

''",·,·I.

: ,',:, '''j ~i: h, ',1 1'(b):: ',ihas -ceased.uohold-office.dn,' · !l:; I::: ;1 ',:,: .

)"/(,,,,~' ~._ '_ J ..J 'or,.to .be 'an.

,',.'

1.employee of,:a political party for, a.period of, ~_",.

in,: or ris:canJemployee r'of/Ei'" ,: ",-'(,1"-;' 'r ," ;:.., , ,,'" , r,.

'.l.

;I , : . "

_,": " "i":7if" '1·""r,··,:,Jrri~"" less than one year; 1 arty' ",),r'rr',lt, I" .. ' I' _ _ 'I • -' I •• ' • J l' ,/.).'.

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'H' (c) J-ist.a~member .of 'the NationalfA:ssenibly or "'>:'{f:.

"""';'.,', I s "1' istrict .ouncu..» ;)':":.

:";, .. D'" " :r;r'<-, [:"-') c ') ' ./ -, .. '--'- ,_',---- t " .

.

• ' [14th August 2018] , Supplement to Official Gazette.
121 , , , for an" (d)" has been convicted and served a sentence of for a term of six' months or imprisonment more fraud, offence dishonesty 'or 'moral turpitude, or any other offence under any other written law; or .

has been adjudged as a violator of human ' rights by a competent Court or Authority., involving (e) .

.

.

. "

" • I , ,7.

(1) , The Chairperson may resign upon giving at least~ .

months' written notice, to the President.

'.

(2) The office of vacant-i- the Chairperson .


shall become Resignation and vacancy , jn the office of Chairperson, ,Deputy , Chairperson or Commissioner (a) (b) .on the expiration of the term of office of ... Chairperson; , :' '.

.

.

,if" the', Chairperson three consecutive meetings of 'the Commission, without reasonable excuse;' is absent from' , ' .

(c) if the Chairperson is adjudged bankrupt; (d) jf the Chairperson is.convicted of an offence .
under any written law.and sentenced therefor to imprisonment for a term of six months or more, withonttheoption offine. "

.

.

(e) .

if 'the Ghairp~rson is declared ' to .be of unsound mind or body; , (f) upon Chairperson's death; or..: , , .'

(g) "as and whenthe Chairperson is removed from , office in accordance with section 8. '

Subsection (1) and (2) shall mutatis mutandis apply , ' to the Deputy Chairperson and Commissioners; .'

.

.

(3) .

(4) .
.

.

(3) .

(4) .

A vacancy in the Commissio~ shah not affect the validity ofthe proceedings or decision of the Commission .

• " ' ,.

,122 .'

~upp!l!.

"fe'!t,to,'Official 'Gazette· ,[ 14th AugUst 2018] • t -- ....~ :---.-- --.

~ , (5):" The: Commission-rshall, .

, occurs, inform the Constitutional Appointments Authority and, ' the President, in writing, of such vacancy.

-.

:, 'as',soon, a's .a vacancy , ' , .. ' , Termination of" ',,' , Appointment,' _ t, " ',' !

'....... " '~._'.~, ..

.


: .• ' ,i._' .'

I '~~"\ ., .. :'.

"~" I,,:.. •• ~~,;).:~;";!.

'~,; become ,awllre -thereof be' , (6),.

; A .vacancy.In theCommission t» Subject to the provisions of subsections (2); (3)"and " .

shall, 'as soon as' practicable' after the Constitutional Appointments Authority and.rthe President filled in accordance with the provisions ofthis.Act.'

" , .

.
" , .

.

, .• 8:(1) (4), the President may remove 'from office the .Chairperson, Deputy Chairperson or a Commissioner on grounds of gross .

.-.'

,iriisbehaVlbrcltniiscondtibt:) .

:';, .Where, ~ ,'c~mplaint", allegation' or I report of < ,~(2)' inisheh~0our or miscondu~tJagains~'t1!e Chairperson, Deputy Chairperson or a Commissioner is received and the President is ..' prima faciesatisfied that it shall be enquired into, the President shall refer the matter.
to .the Chief Justice of Supreme Court for :' ,,'" enquiry and report.

;:,''';.

~:"" ',' ~ ,:, ' .

,,' :: .'

.'

, :(3) ',Where a -question .of 'removing': the .Chairperson, Deputy Chairperson or.

'a Commissioner is referred to the Chief Justice; the-President maysuspendthe Chairperson, Deputy Chairperson .orthe !Commissioner, 'asthe 'case may.

be, from performing the 'function's" of", the"(Commission .
'but the suspension shall-cease-to 'bave effect 'if the Chief Justice recommends that the Chairperson, Deputy Chairperson' or the' Commissioner, as the case may be, ought , not Deremoved from office.

',' , ", to; the President I , , ' ' ' ' ,.

'.

", .

.
'.

", .

.

(4)' " The Chlefj~siic~'~hall ori'a'ief~renc~:thade unde~ subsection (2) hold an enquiry andrecommend to the President I, whether Commissioner ought to be removed ort such ground orgrounds .. " .aridtbePresidentShallactaccordinglY: 'the, Chairperson,» Deputy ...Chairperson Or the , .f" ,': :' f. '~" : ":~·','_·'1'-.

'.

~·'~I:!

"'-::"<"··· ill ' ;', )Ii, ;'t:'" , Independence ' and impartiality , 9.

(1) A Commissioner or a member of staff -.


<,: :~' 1" '''~'",!, ,,' 'P, :';'_, ~';'I (a) " 'shall serve impartially and independently and' I' • ,.

_-- .

[14th August 2018] Supplement.to Official Gazette' 123 , I, " exercise or perform his or her powers and functions in 'good' faith and without fear, 'favour, bias or prejudice and subject to the this Act or any other written _.:,.

Constitution, lawc: , .

,' (b) .

may not use the position or privileges of a Commissioner or ra member of staff I for.
.private gam or to benefit .another person " ' "., , , , ".

improperly; and .

, .

, ' .

.

i .

, ' {c): may.not act in any-manner that compromises , 'the credibility, impartiality, independence or integrity of the Commission. '

'.
, (2)" Ev~~ public authcirity,\organisation 'o~ institution 'shall afford the Commission' such assistance as may: be ' reasonably 'required for the protection of the independence, impartiality and dignity of the Commission in pursuit of its objects.. " " (3) A public authority, organisation or institution shall .not interfere with, hinder or obstruct, the Cqmmission, any .Commissioner, a member of staff or a person appointed under section .i3( 1) or authorised, under section 18(1) in the exercise' ,or perfo~an~e ofi,ts ~r his or her powers and functions. "
(4)' A Commissioner or member of staff sh~ll"not , conduct an·'investigation or render assistance with regard thereto 'in respect ofa .matter in which he or she 'has any pecuniary or any other interest which might preclude him or her from exercising or performing' his or her.

powers and ~ctio?s ,ina fair, unbiased and proper manner, , • " (5) .
:If any Co~ssioner or'member of ~taff faiis to disclose an interest contemplated in subsection (4)· and conducts or renders assistance with regard to an investigation, while having an interest 'so' contemplated in the matter being investigated, the Commission may take suchsteps as it deems necessary to ensure a fair, unbiased and proper investigation.

.

.

.

.

124 , [14th'August 201 S] !

'~,.


: (6),'/0 IIi the interest ofrransparencyand accountability, a by the Commissioner Commission, interests and any other interests determined by the Commission; which .

information shall be accessible to the public.

shall.i.in the manneni.determined 'annually' disclose his or her financial 'f j' :1,-) (7) :_'J iA-(Commissione~'lor, of', ~taff who contravenes or fails to .comply with subsections (1)(b) or (4) is .guiltyofmisconduct.
: 'a .member d ;" ~,},II;(" ::"".

:: • , " l ;'i'," ~j I. "

() , t J \ ~: ; Remuneration , and allowances ' of Commissioners 'Meetings of Commission " , .

_ 10.

(1), The salary and allowances of the Chairperson, such as ' , DeputyChairpersonand'the maybeprescribed.c""'!

': ,;'j'i:,i '''',;!

'':,:' Commissionersshall-be .

I ~' , .

:}.J; -, .

:r f • <, '-.~ ~~I 'J: J: (2) The remuneration of the Commissioners' shall not, be'reduceo,-lior' the '~ilowance's 'and oiller'conditions of office .
and ',fservice ~lJenefits[:b~:Jtadver~elr' altered;' ,during their' ,".

_' , . "

' .continuation in office.

'11 t." - ' '.....

t'.'

If :':" ,-.

'''lr1'''''': q , 1,1~(1) The meetings of the Commission shall be held-at' ""'j'" .

, ~',~,,, «<>,», , " I' ,!, \ I'-nIt '''ITI'·,·l ," 'II .

',"" I "1- "," l'l~",.· I "',··.~l''''lr...

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.J!, ~I.I., ll).~JI(.

1J' ..I(' I....' ,~)~I~('~~I:I' '... ~ J _ , •• 1,-...... h·~: -, i. the time and place determined' by the Commission.

1l~'fJ~~: .

'[.

";,/~·II1 ;fl !

';t:":," ':t~~:"(2)' ::'Ifthe' Chairpersoi}'is absertt frOni:a lTIeeting 'of th~' the D_e' uty Chairperson' acts ~s Chaiiperson, and \ Commission, if both.
'ili(n:hairpefs'on -ana Deputy' Chairperson: are absent-; from a meeting cifthe Commissibh;the' Corrmrlssioner,s'present" ,shall elect one among themselves to preside at that meeting: :) , :': ':':(3)' 'I: Th(rciucirtimJor'~nyineetmg:~tthe'c'oriunl~sio~'i~dl' majoritYofthetota\nilinb~rofC()Himls'sioHerl -;r. If ',1,:-; j;:';'1 '(ltilf!tiJ~"r !

)!
)!

::, ',;(4) ':'The'deci~ioh' ofthe96minis~i~~is~~ll,De Das'~aon' the majority of the 'Commissioners present:at a'meeting and in the event of an' equality of votes concerning any' matter, the, Coriiiirlssioner" residmg shall have'a castmg vdte.

11 " - J ru.. w ~.(J!

:~~:ld_ 'J "(5) "The 'Corrimissiori'sh~ll::.:,_:.

':!~' ': ; I~':ri':'l,1':),'r~diil~:~'J ,; !,' ") .. (*;: i?

')",_ :li1', ,....-: ~_~l;l\f::rt~lr:;.

'l :\L ;I,-~·I·":J{It",J.q ':::~!


(;; ~'''JJ'~~'jri~' c';.-' -, , :i jl,(a)..; determine itsownprocedurebuttdueregardi .

:..:::.:~:1"'J.

'r:ishall ibe -givenuto.cthe+principles.

.

'-l;.

'~ i III ',:/1';:11 , ';)[1") Vi:,:',1" (I J:,:;J')H!l :i'J.t,·.~, ...!)

,"J:~,i~JJ;!~~~~!t)~) ,:'):):JI:;')1(; )r~J:~;J1~ .

,;":,:, ',f" of" (L' £;1 ,( ,'t -.

• .... • •• I • - , ,~ '" .

'[14th August 2018] , ' .Supplement to Official Gazette 125, " , .-,., -: ,trllDSpar€mcy;, participation; " and .
ope'nness.· and' public' ' f .

.

.'

(b).

cause the minutes ofits proceedings to b~kept.

- : .

.

, .'

, .,~ .

.

, (6).

The Commissionmay, from time totime, by notice in the Gazette, make' known the particulars of the procedure ' which it has determined in terms of subsection (5)(a): , .

."

I '12~(1) .

''The Commission may form one or more committees Committees consisting of one or more Commissioners designated by the ~~~ssio~ Commission and OI\eor more other persons, if any, whom the. "
Commission may appoint for that purpose and for the period .

'.

determined by it for the pwposes of advising the' Commission,' , or making recommendations.

to it, in respect ofthe matter 'for .'

.

.

which the committee has been formed, " . '

(2)" The ·Conun.issio~ may extendthe period of'an appointment made by it under subsection (1) or withdraw such " .

appointment duri~g the ~eriod referred ~oin that subsection, .

: " '.
: " '.

~ (3)' -The C~~ission' shall designate 'a chairp~r~ori, .who shall be a Commissioner, for every committee and, if it -.deems it necessary, a Deputy Chairperson, who shall also be a .

Commissioner,' .

(4) Subject to the' directions of the -Commission, a " .'

committee=-: , ~ '.,: .

, .

.

, ' '-, , .'

:,' (a).

mayexercise such powers of the Commission as the Commission may confer on it; and , "., (b) 'i' .'

perform, shall of die.

Commission as the Commission may assign to .

it, .
it, .

functions', such -" .'

.

: .and shall follow such procedure during s~cIi exercise ,ofpowers ' .

andp<:rfo~imceof~ctionSastheCo~ssionmaYdirect.:.

.'

.

.. ,'0 126 .. 'Supplement to Official Gazette ~ .

[l4thAugust 20~8l ..

I.'

•(5) On completion of !be functions assigned to it in .

.

terms of subsection (4), a committee shallsubmita Written for recommendations, if: any, report .

thereon, consideration bytheCommission.

: including' ' .

...... ,", Confennent of ::=~of,' .functions (6).


The Commission-may, at ~y time, diss(;lve' any committee.

: .

;.'

.

, .

• 13.

(1): The' Commission .may, in writing,·, confer the ex~cis~ o~any <?f,its~~wers,or assign the.perf?nnance of a~y .

of Its functions to- '.

.. .

.

.. .

, , .a Commissioner; ' ';1; ,(~) : ', .

.

.'

( , ~.

.

.

e . '

(b)! '

.a member of staff; or .. " .

.

(c) a committee of the Commission.

~ • '.

1(' (2) A confermentor assignmentunder subsection (1)'-.
I - •• ',' • (a) , is subje~tto such conditi~ns and directions as .

.

; .e , the Commissionrnay impose; and .

.

.

.

- .

the' Commission , : '_ .'

, ."

.

(b)' does.

~ot divest· .

, of 'responsibility for the exercise of'the power or .the performance of the function.

~.

.. (3)' ''f!le'Co~ission'may ' .

.

.

.

'.

.

.

.'

, .

.

.

confirm, vary orrev~ke any".

.


,decision taken in consequence of a conferment or assignment .under this section, but.no variation or revocation of a decision' may detract from any-rights that may have accrued as a result of 'the decision.

': .

": .

..

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: ' i~'; .

.

:.

'.

.

.'

r .

, .'

Powers and fuitctions of ' .

C,?~ssion '.

;.:14.

(1) .

IIi,addition: t~··an~.


:tither powers .and functions conferred on or assigned to it by this Act or any other written lawandinordertoacbieve lts obiects=-: , , .

,', ; .

: .

: (a) l.r· '. '

the Commission is competent and is obliged: to-" ~.'

'.. .

-- --~ ... ~_, 127 .

, '.

[14iliAugust 2018] , .

:, , .

.... 'j ": :.

'."

.

'''.

.

i .... -.- ..' '.. :.

.

'.

.'

.

-.

where' ' considers 'the' for it .

'advisable .


-prcgressive: measures Supplement to Official Gazette ",:" recommendations .- ',I; (iF·.'

make to the .

.

.

'., .• ministries at all levels of government such.

action' of adoption ·the.· for 'promotion of human rights within.

the.

.framework of the Constitution and this '.

, Act, as well as appropriate measures for ' ,the further observance of such rights; (ii): .undertake such studies for reporting on ~.

·or.
·or.

relating .to human rights as , considers advisable in the performance .. -.

of its functions or to further the objects '.

.

of the Commission; and ~.'"

.

it '.

.

( . "

. "

., ~.I • .. ',t,\ '.

request any head of the organisation or .'

(iii) .<institution or ili~principal secretary of .

: '.

:.

'any ministry ordepartment to supply it .. .

~ With information on any legislative or .

., .'

.•,,; .. executive measures adopted' by.

it .'

.., relating to humanrightsj and , v ".


~ , ''':' /" - .~,~:(b) ·.,th~Commission-e- \.

': .., .

'.'

-' ., (i).

..' shall develop,.

conduct '1 a .1 ", , > ~ , ' " ~ ,.

.'

.'

• ' , 1, • .'

~ . "

, ..'.'

, programmes , information .

or .

manage .

and education programmes to foster public of: .understanding.

':'.Chapter III of the Constitution, this Act the .and the role -and activities of and' awareness -,.1', i t:t " ~ l J \: I,.

:.'.'

.~.

"'.

:' .

.

~,Conlriiiss"ion;.

l , .'


,', -' , ' .

:' . "

,:', (ii) " ',' shall as far as is practicable maintain close liaison with institutions, bodies or.

authorities with similar objectives' to' .

to foster: .

the .Commission' common policies and practices and to' .

in order '; .

• .

."

" promote co-operation in relation to the - , - , 128 .

: ....:..'..Supplement 1'0_OfficialGazette , , " ,•.

'j' .'

) ~': '; ..,' 'handling of complaints overlapping jurisdiction' in cases 'of or.
other' '.. ~,:; ,;' )4.

(J:', , ~.I • appropriate instances; .

I··.,~ '" .

.• ; c~ .

):.~ 1'1 :;" ";'J() .

; r .'

.

:;' · <.~:; '.. ; it " ; ·..·.:J(iilj".

'shaU;;oliaise!·!and interact· with' any :, I..:; r':;:;'!organisation which actively promotes , ) "respect :for human rights and other :1' .sectors: of civil society to -further the : ..~ , ';!~";}?

;J' .

)1';-:(; '!(;~":"'.

'objectsoftheCommission; .

: ·.L· 'fl " ,;i, .,';'.'

.

:' j '.

'.

:.

I,", r'; ~:~' :.

:' r '. "


""(i"): '.shall"consider ~uch 'recommendations: l.~:'': r , suggestions and requests concerning , :',.,(;..!

:..~fAi; ~I.

:;!

(the promotion of .respect for.

human ".In '.

r .

rights 'as 'it may receive from any -: _.'

• .

J" ~ "'''' ..

.

'source; .

~ .'

.

', .

"", ) ~ rJ ... , t I I • ;.

; • J ", .

': • t , ; , ' ~.

:;:·'t' ·;w ~;(1'-(.vj:·;[siiali~;Jreview .government policies '..,:r~latiIig'to himian rights arid may make " .
; I ;:,' " '-,r '. "

.. ;;~.

: ·'; : !, ~I ..", .

:' Jr,·."

"!i; ·•..i.recommendatioris.

;.. :; •"11 ~ f',' '": J --' • ;.

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;; I't conventions ':1" (vir; shallmonitor 'the' implemen~tion of" .

h:'::';tr-, j 'land 'compliance with, international and regional and treaties, intt;matioriill ' and' regional covenants • and international and regional charters .'

'objects .or the : : Ln;; "."

" '~., ',.!

::!,';';; (vii).


shallprepare and submit reports to the .r, ,f;; ·~1:.

-: ':;: National Assembly.

pertaining to' any : ",,1;':'.

':"" ,:~ {t~ f ~'.I:I',.·, ::, Ii"'''',', ',' ,_ ,: -:1>.,,", !.l;!~·" '.)

rtH~tiiig 'such, convention, , charter 'relating' to the objects of the .

treaty, covenant or Comthissioni"·' ,:',":.

"', ',: ':'l"; to"'the !

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-: , .• Commission; and r.": 'Ii":.~·: ~: '>, : I ';;'1 (~;: :_ ";.,..
:......i r, : ,{..' i'.i(viii) Ishall 'CaITy' outor cause to be carri~out, ',: '( ..: .

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": :sUchstu(lleScohcemmghuman'rightsas I may bereferred to it by the President, mid the"Commission shall include in a '-reportreferrerltoinsection'20(I)areport , [14thAugust2018] " ' Supplement to OfficialGazette 129 .

:", .

: " " setting out the" results.


of each study , \together .with such recommendations in it considers .'

relation, , appropriate. '

'thereto ... ' " as' (2) -The Commission may recommend to the President for adoption of new legislation which will promote respect for' human rights and a culture of~uman rights.,' .,," ,.

(3) .

If the Commission is of the opinion; mat.


any proposed legislation-or any written law is contraryto Chapter III of the Constitution orto norms of'intemational human rights' law which forms part of the laws of-the Republic orto other relevant norms of international law, it shall immediately report ., " that fact to the President.

.

.

(4) n{e Commission is competent -: '.

, ' " ,(a) " :.

: I .


<- ' and, rights, substance if, the Commission .there is to investigate" o~ its' o~ initiativ~', o~ on receipt, of a complaint, any alleged Vi'olation after, due of human is of.
the investigation; opinion Ithat in' any complaint made to it, it shall, in so far as it is , able to do so, assist the complainant and other persons adversely affected thereby, to secure redress, and where -it is necessary for that purpose to do so; it may arrange for or provide, financialassistanceto enable proceedings to .

be initiated in a competent' court for necessary ,to an , " relief or .may direct a' complainant , ._ , «appropriate foruni; and ' ".
(b) r , to initiate proceedings in a competent court or tribunal in its own name, or on behalf of a ·'.

: person" -oi a group' or, Class of persons, relating to the ': constitutionality ~f a law or the provisions of . '

»a law, .

proceedings" including .

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- (5)"" The .Commission .shallnot investigate or may, .
.discontinuethe investigation of a complaint where it appears to -the Commission that the making of the complaint has, without reasonable cause, been delayed for mote than five years; and . '

organisation or Institution.

or ~, ,:';' ,(6) ..Every .headofthe , principal secretary of any ministry or,department shall afford ' the 'Commission such assistance as inay be reasonably required for the effective exercising of its powers and performance of its Junctions':'{::'li,';) .>.

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~".. ,1' ';" ; lS;'G' ~;[lTheCommission may:, by -mediation,.

conciliation -ornegotiationendeavour.c-- " ' ..,,-l.' (--~"l; I"~.....,; ' " -toresolvcanydispute.

or .

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,' (b)' .to rectify any act or omission; ~..

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,(\ !-: emanating from or,constifuting a violation of or threat to any humanriglit.

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"ilivest~gation~ that'; is' necessary for for ':cause1,''tO~'''b~'conducted any that, ',.'
l~1 r , ;'.0$,1 ':<;16:~i~','~e ~~~is~i~~"~~~:'~"~~d~ 1'; ~~.I~:,;?f" .Iconducr exercise Its powers and perform 1tsfuncbons~- =..': ;..; .

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,(a), !

:i":': ')1:"·,:' ,',r :!,", '"l'; ',:, ,t:!· !I" "':'.

(b),:...through.a'Commissioner.-or , ..:' '_':' :',:: IIJpurpose;'" !,-' ,,~:: • 'l I); :~' , ~:'::: _~'_1:·'."

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:-' 'l~{IJ f:, '~:' r t " " : anymember of ...

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'staffduly.authorised-byra Cominissioner", '1,)1'!


'require from any.person such particulars and ~,may, be'reasonably necessary :':1,;dnfonnation .i: "'}' ;:, ',OJ ':" J ;~, ,):, ,', Mediation, conciliation or negotiation by Commission Investigations ' by , Commission .. , ' ' , , ,'~ connection With ~y investigation; , ", ; ':'j .

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'ti, ' )I: 'i:_. ,t. 'j,the,liandrofa.Comm1ssioiler, .

: f;'deliver~d,by a member-ofistaff (,,:':, :';!


.i-,officer .in'relation: to-an i investigation, !, : (c) -vrequire any person by notice in Writing under addressed and or a police to it ata time and place, specified' in such notice and to produce to it all articles :, '!~J, .. r'T·:,' ,,!

':appearbefore , .

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• I _' , v t __ ~ ..._ ; [14t4'August 20~8] .

'; '.Supplement to Official Gazktie ~131 .

'.

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!11, o~docu~~ntsirithe-poss~ssion;or.cust~ayo~ under the control of any such' person' and' 'which may be necessary in 'connection with that investigationr.. :l·l',.

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" i'l ,',,:, , ," '~'-r. r: '" , " 1 ':,,' ',' "i ~,:':,'!l'J ,;,'; ·(;.i' Provided thatsuch notice shall contain ',the .reasons .why .such ,person's presence is needed and why.any such article or document , should be produced; and ~ ·,'/·:;\;f·.

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i(d) ;\ through a Commissioner, administer an oath to or take an affirmation from any person referred ~q'~p~graph,(c),orany,p~rsonpresentatthe ,place referred tt?
inthatparagraph, irrespective of whether or not such person has been .'

, " ,: .

;,:required under" the, said, paragraph to ,appear , .'

~;beforeW~d, qU¥~~i~n¥in,~r~~r,Wid~~oatlror -:' ;' .. , ,,',.affIrmatIon, m I connection, WIth~any,-,matter " ;/,:;;,:'I~;;J;;'I!~~!i:~~~~lipar.,~~(p,~~~~s~:,W)p,~~~.C~9~ lWi~, ,,: ) ... ~ l.~ : I~' t: l ;':, • 'f;' ~f~Jl,;:'1"1')- "thatmvestigation",; ,~J ~- i LI,i:~f,; Ii: .. ~ri :!f' J:,I)" " .<'''li:i "!

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1-#~~p~r~,,?~,q¥~!~t~o~~.d:Hp:"~r,-s~~se.c~iop'(I}~h_8:~~, , , subjectto t~e provisions ~f.~':l~~~C~I,~JW(3),,(4) _a~~H~)fJ)"',ifl!

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'(i) " be competent and compelled to answer -: ':~I'·')allqiiestlonsputtohim(orherregarding ' ,,,.

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,~,an'I,fi6nir: matter' cormected \vifu\ the .

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(~,.,:,J "~)J. s , ommlsslon' lDveStlgatlon" 0 ,t e .. ':,Hj{noiWillist'aj{dini(tli~t"ti1e"fu1swer"niay ,~)~~~m,~n~t~,~}~,?r'~~~f,'W4_ (;;)'" 'Il ,.

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I r)!J;: i(if) f)'b'e'i)~'onipeiied;,~b'i:pr8duc'e:i.tol ~'ih:e "'L·.

'l_l!Coinmissioiianyamqtetoidoc~endn ,{I:' !

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n',;, ,:', '" 1(!

'Iff1lhis';or~her('pdssessioii': of.C'ust,odY''or ,~I~",;:1: >.

'lhldef'hlsorher'Sontrol which'maY-be that '-', [,j " " '";-,,,., .,: I, ,t():k'''; ".

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'1,''''')l10'' ' necessary' '::;"t'" mves Iga Ion," 'I"" t""'" r ,pri in "connection with, " 1,1" ';',,", ',,',',' ),'1':' )"rjl , .'

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"-' ""i;r, ,'I 'I', :(3)'1 rAt personareferredfo :, 1in".

'sub$'ection:-(2)' is'tonly competent and 'compelled to'ahs~er a'q\iesti~ii orcoriip~lleoto ""'lljr,'!

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..' ~ .. , , ' , , " , '_' "It ," , " " 132 " " to 'Official Gazette Supplement , ' any article or; document" contemplated , produce subsection if, - " , • • I , in, that [14thAugust,2018] .

• I .
• I .

(a) the Commission is satisfied that to require from such person .is, such information ,reasonable, necessary and justifiable' .

'open and "democratic' society based on ' in an I ; freedom ~d ~qualit~; and ' (b) in the Commission's judgement, such person has refused' or is likely to refuse to answer a to produce any article or, "question '.

document on tlie basis of his or her privilege or' .

against self-incrimination.

, .

, , '.


(4) Any incriminating answer or information obtained' -or incriminating evidence directly-or indirectly derived from a questioning under terms of subsection (1) is not admissible as evidence against the person concerned in criminal proceedings.

jn a court oflaw or before anybody 'orinstitution established by , or under any.written law, except incriminal proceedings where .. the personis charged-with the offence of perjury or with an .
.offence-~dei's~ctioil24(b)ofthisAct.'

'."

, (5) Subje~t' to.

the provisions of subsection (2)(i), the ., law regarding privilege as applicableto.a witness summoned to give evidence.in a criminal case i~,3court of law applies in relation tothequestioning of a person Undersubsection (I).

(6) Any person' appearing bef~re the' Commission by .'

virtue of the provisions of subsection (I)(c) and (d) may be : , assisted ,at,such examination by a legal representative and is.

referred, to in .
referred, to in .

entitled to' peruse such of.

the documents s~bsection (t)(c) or any other relevant documents. '

, '.

(7) If it appears to the COnUnis~ionduring the course ~f .

: an investigation that any' person is .being implicated in the the Commission shall afford' such matter being investigated, person an opportunity to-be heard in connection therewith by .

.

.

.

- , ~ (14~August lOis] , , , .


., through way Of the 'giving of evidence or~e makiitgof s~bIhissio~s1imd' , such person:"or his or' herIegal is" entitled, -to ','question) other ' witnesses; 'determined bythe Commission, who liave'appeardl before 'the Commission under this section. '

the: Commission, representative ' I t:; ""I~I '.

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(8), 'Subject 'to~theprovisions of this Actrthe procedure ,.'

,to.
,to.

be followed .in.conducting 'aikinvestigation .be .

, determined' by the Commission .with due: regard 'to-the ' , c~c~stan~~~ofe~~hcase.

:,: "r:\ .shall .• ,"1,', ; t,;; '(9).

The 'co~ssion shall m81(br'tdi9~ publicly the : .particulars of the procedure which it .has determined under ,, subsection (S)., '.'

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"-,: ~c .anything i'~O ,the ',' -,' ••~...... : ') ,Jr' 'If it is in )the int~re~t~ df jpstice 'or id~anntb any ·.theiJCoriunission) or a person' might.'

otherwise .ensue, Commissioner may direct, that.

any .personror category-of persons or all persons the presence of,whom is-not desirable may not be present at the proceedings during the.investigation or any part thereof.

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,,(llhNotwithstandiIig', : ((:;~;:~ :,"!

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:'ll:"'""!.~'~ contrary , contained in, any written law, no persof may disclose to any ,,other,person the contentsof any document in the possession of " a Commissioner or a member of staff or the record of evidence' given before the 'Commission during an investigation-unless theCoriiinissic)ll'deteriiiiiles'otlierwise.l , I<!

!, ) ~~')[::O'} ~....I i iL""n J:l"f'~ .


')(:(12) ..If, the :;(;;hairperson;'iDeputy: or a the Commissioner.ohas ',shy, ,interest' Commission .is, .investigating," the: r Chairperson, Deputy Cliairperson or ,the Commissioner, as 'the, case may be, shall declare such interest as soon aspracticable and shall, unless the Commission otherwise directs; recuse' hiillself orherself the'investigation.

': ~ ~",":' ' ~ ; , ' 17.(1).


AnyCommlssioner, orany member of staff or.a,,' police Iofficer Iauthorised thereto' by the r'Commission, may" .

subject 'to' the 'provisicris: of ibis' se'ction;"for the 'purposes of : il,: ,:-,,':)/',''' .

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':''',{1 in "any 'matter IChairperson .~.

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')~l:";i·j from " that .r-: .....' r; .

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.- - - - - - , " ,, .'

' ~~gand d searc~ of ,=~e:ne: ' and removal ,9f articles ,134 , Supplement , -.
tf} Official Gazette, .

: .

~ " ['}4thA~gust 20)8] .

.'

exercising the powers and performing the functionsmentioned iii's~ct~~n~4orcondric~ingmi'fuvestigation, search any person .. or enter, and search .any premises on .or -irr'which anything connected Withan investigation is ,oris suspected to be present.

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(2) The entry and search of any person or premises under this' section -shall be conducted With.
strict regard to' decency and order; including the protection' of a person's right ,' .. ' to-' .

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I' (a) respect , di~ty;:: for and protection of 'his 'or" her .

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: 'freedom ~d security; and '.'

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I " (cr his or her personal privacy.

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'~" (3)' A. Cotrimissioner or member of staff, or police officer-contemplated in subsection(l) may, 'subject' to the' provisionsofthissection-·.

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inspect and search the 'person or: premises' 'referred to in that subsection, and make such .

enquiries as he or she may deem necessary; '.

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: ,.. (0) , .examine any article or document found on the '.t person'or onor in thepremises; , ,'j', _, .

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_"'\ request information regarding 'such article, or . "')'

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document from the owner orperson in control " .


.. " "1 of the premises' or from any person iIi whose " ': ':",',',possession or control that article or document is; or who may reasonably be expected to' ," ..

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• 1 have the necessalJ: information;" __.

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, (d) , /.

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'(, I, •.. ,• .make copies of or take extracts from any book .

or document found on the person or on or.in .

the premises;' ..•....; .... ...

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(e) .., .request from any 'person' whom he or .

:she .

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,suspects ofhaving the necessary information, .....

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, , '.. [14th August 2018], ',Suppiem~nt'to Official Gazette" , ': ~an ' explanation: document: ' , regarding that ,' article .or ' , • I \ 135 :' (f) , I .'

- :' (J • ' " attach anything on the person -or on or in the premises which in his or 'her.
opinion has a bearing on the investigation concerned; and ' 1 • ;' •• • ~ (g)' , - , to re~in' if he, or she.

~shes" anything'.
(f) for~further' , contemplated in paragraph' , examination' or for, safe custody, against the' , issue of a receipt, remove it from the person or premises: ~ ' , r.. 1'1 , ~ovided that anyarticle th~t has been so removed, returned .as :soon as possible after the' purpose .for such removal has been accomplished: shallbe : Provided further' that if' there is no ,person present to receive the receipt when it is it' shalf be 'affixed at 'a' prominent issued, , visible place on the premises. '
, ',' '(5) at , ,', (4) iilfci~ati~n by a legal ,~y per~on from' who~.

is requir~d ' , Under subsection (3)(a)'~(c) and (e) 'may be assisted 'at such" the enquiry representative, , commencement of such enquiry beso informed. '
,Tht person referr~d 'to in ~~~secti~n (1) 'may b~ , ::',: \' searched or the premises referred to inthat subsection.may be , i entered and searched, only by virtue of a search warrant or an '/' entry and search warrant issued by a magistrate, or judge of a 'Supreme Court, ifit appears to such magistrate 'orjudge 'from there ar~, reasonable grounds' for information on oath that and shall I believing that any article or document, which has a bearing on is in the possession or under the .
the investigation concerned, control Of any person or on 'or in any, premises and cannot re~onabl~.b~o.b~~edinanyothermamier~ .

-, (6) The functions referred to in subsection (3) may only , ' ',,' _ ,', ,,beperformed by virtue of a warrant issued ~y i,magistrate, or " , ;.

I ", , , , " .

--.. ---- ----- ---- --- - -- --...__ .

~ , " ' .

;' '136 \ , .

.. \' ',' Supplement to o.uidai Gazette .

... ,.


[14th August 2018] judge of a Supreme Court, if it appears to' such magistrate or there are reasonable judge from information on oath that grounds for belieying that an article 'or document referred to 'in', subsection (5) is iiIthe possession or Under the control of any person or on ~r inany premises.

. "

, (7) Awarrant shall authorise any Commissioner o~~hy" member of staff or a police officer to perform the functions .
'referred to in subsection (3) and shall to that end authorise, such person to search any person or to enter mid search any premises .

".

identified in thewarrant, ':', , .

: " ", ' ' , , ,(8) ",A warrant shall be 'executed by' day,"unless the .

person issuing the warrant in writing authorises the execution.

.

in, the thereof, by 'night at " '.

times which are ~J reasonable .

, .CIrcumstances.

".'

'. '

, " ' : (9) ,A warrant may be issued on any day and is off~rce until- ,,'.

,', • v , ,', ' .
,', • v , ,', ' .

'• (a),' , i(isexe<;:uied;'o~" , ' (hi it is cancelled by the person who issued it or, if .

such person 'is not available, by any person , with like authority.or ' : (c) -..the expiry of one month from the day ~f its .

'issue; or '" ,'.

.. '. "

' .

.

.

'.

.

.

, ;, (d) the purpose for the issuing of the warrant has .lapsed, .

.

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,whlchevermayoccurfirst , ,.'.

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:' (10)" A person 'executing ~ \variant u~cier.this ~ecti~ri .

shall, at the commencement of such execution, hand the person .

referred toin the warrant or the owner or the 'person incontrol if such a person is present, a copy of the .

,of, the premises, warrant: '.

.

.

, ,.

, Provided that if such person is n~t present, he or sh~ .... -\ ,'.

.

.

....

I " " ' .. , ... , ... .

[14th August 2018] :':"Supplem'enito Official Gazette 1~7 1 "', , .
: , _, .

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'shall affix'a copy of the warrant on the premises 'at'aprominent' "' andvislbleplace.-!

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: "~,J:" 'L,,'J~' (11)' A person executing a warrant under this section or 'an l:entry' or.
search, under subsection :(12)"'shall, atfhe commencement of such execution; identify himself or'herself authorisation toexecute a-warrant , and if that personrequires under ,this' section, the particulars of such authorisation shall also be furnished.

::\', : ",:" ',(12);' Subject to the 'provisions' of subsections f(3)d4), , '( 11),"(13)and (14), any Commissioner, or any member of staff , or a police!
officer upon .request by:'a: Cominissioriemtnay,' without a warrant; enter and search any'premises, other than a' private dwelling.for llie purposes 'of attaching and removing, if necessary, any article or document '~_'-"riJ i!

('L;:rli"ll)lf1i' rf~f/" • .J.

L ., 2f!i :,,:1::)) , - ~:·f,",,", /,~;,;Ja) liJ(if,th.!

?,p'~~~Qn,or p'ersons.

:wJto}}~ay,consent,to ';) ri[','j ;': l'the,entering .and,~~¥9~·{'?

'-:an attachmentand ' ]1 I:'!I '; 1.Ji j~?

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!f,;r t •• ' .. :ri' ·,)1'1(' removal of an 'article or,document consents or' .. ~'r:: ' :): ,co~~e~t,,t~'~u~K~':l~~$g, '~earc4,' a~,ctiment and removal of, the, r article ,,'or.

j document '1 .

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','"j,j d::)'J :',i li':U(',fr" ~;" (,1 [I heii'flie ors1ie'ap"p'lieSfoistichwammt~i , '~'l(iY:' i,:thafiawairarif\vilfbe ... ,~ ~ ,',.

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'.1 ":,,;J;': (ii) " thatvthe idelay, itirlobtaining !

;such (la' warrant would defeat the object of the .

entry and search: ".~.

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(13f!Anientry subsection (12)' shall beexecuted-by day'unless the execution thereofby'tughr- , isjustifiable and necessary.

and' searchtin.fermsof , .


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.•, "( 14) j' A persdn who may lawfully tinder hiis s~cti6n ~~ter· '.
and searchanyipremises may ..use+such: force asmay be' , 138 ... , Supplement to Official Gazette' [14th August 2018] reasonably necessary to overcome any resistance against such ' entry and search of the premises, including the breaking of any , door or window of such premises: ',' ,' ' ,t -; • " " Provided that first, audibly demand admission to the .premises and notify the purpose for which he or she seeks to enter and search such premises.

such 'person shall \ I ,.

, '(15) of.
a warrant: under" subsections (5) to (11) or a search in terms of subsection (12), a ' If during the- execution , person claims that an article or document found on the person in the' .premises 'concerned contains' privileged or on or information and refuses the, inspection or removal of such article or document, the person executing the warrant or search ' , shall, ifhe or she is of the opinion that the article or document contains information that has a bearing on the investigation', and that such information is necessary for the investigation, the 'Supreme' Court which has' request' , jurisdiction or 'his or her delegate; to attach .and remove that article 'or document for safe.
custody until a court of law has made 'a ruling on the' question whether the 'information' concemed isprivileged ornot.
the .registrar ' 'of , ", , is.. Any person appearing before the Commission in ,pursuance'to section' J 7(1)(c)'who is notin the public service, is entitled to' receive, from monies appropriated by law for such , purpose, as witness fees, an amount equal to the amount which : he or she would havereceived as witness fees had he or she been summoned to attend criininal proceedings in the Supreme Court held 'at the place mentioned inthe 'written notice in question. "

, 19.
, 19.

(1)' The Commission ~hall'.sub~it to, the ' President and National Assembly every .

six months' on its, activities, and the' the performance achievement ofits objectives.

its -functions of, ' ' a report Compensation .


for expenses Reportsby Commission (2) (1), the Commissionshall, Inaddition to the report contemplated in subsection I as soon as possible, submit to the , ' , ' I, ',' " President:r~ports on'the.fmdings [14th August 2018] 'Supplementio Official,aaz~tte in respect ~ffunctions' and investigations of a serious nature which ~were performed or , , conducted by it.

, ' .

, ~: :,,'.1':,;,,' ,t,' ,,:~ /.

:' '~/:'·t ',~"I • r )~!_~ ".J;\ I : j~~"~ j, .

'~ •."
'~ •."

:,,:;).'

If I',;' (4) .

(3) .

The Commission may, subject to tlie provisionstof subsection (5), in the manner it deems fit, in writing, make or institution any .

known to the public 'authorityorganisation fmding, point of view.or recommendation in respect of a matter' .

iriyestigatedbyit:I,: .

the Commission makes i '.

j')p., j'} or recommendation in.

respect .of 'a .matter .investigated by it known to ,the .publi·c.
authority,' bigams~tion 'or.·insiitiItion' concerned shall within 60 days after b'eco~Uig awm:e ofsuch fmding "or .recommendation indicating .whether ..the public 'authority; 'Commission, organisation' or institution:' intends' to take any' steps to give' if any'subh steps are .effect to such finding or recommendatiori, required."

I" in writing' any finding respond.

to ~,the .

, " ' :11 :1 I'r> r , ":1 " j ..

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• ','_ ': ,'-',4 ::,... .. " ,.'.


• ', ~ii '" ,"'1•• ': ' I: ..;')1 "' (5): Thefindings of an investigation by the Commission .

'.

may be-made available -to-the complainant and; any person implicated thereby, if the Commission consider it necessary 58 ' -tod~~:asearly as practicable: .'"

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.1'.

:I!J' " ' .. :PART,m ~FINAN;C~,ACCO~TS ANp REPO~TS :......'.

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:'2~•.

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Thefunds,of,~eCommissionshallcOIisistof .'

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·.s~ch,!norues ~.m~y('~~,'app~opriatedI~}<.

'~~·' ,,:: : ,,' ,: ,N,~,t.i~J;l~I,-Assembty .

: p~rs.ua~t.~;to,,:~ri., , Appropriation Act for ,~e puq>~se~' of.

the , , I" ~:~:" ... ; .'

.'

(b) Commission; , .

:.. """ .

',~,';,~ ....~',1 ..

I "/·:t~ ,any, momes received by the Commission by ' .. way of donations,' gifts or.
grant's froni any ·legal ~ources w~ether domestic or foreign; _ -'.Ill' • ;,~"I::~ I,' .

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,any.proceeds from .sale, lease or transfer of ',"-:: i":'~ r, .

'.

:"" , ' 139 Funds of the -Commission ' .140.

Supplement to Official Gazette [14th August 2018] ."

~".

.

movable or Commission.

immovable.

property of' the " .. Accounts and audit , .

21.


(1), ,The financial year of the Commission shall be the calendar year.

:' ...

'.

: '" " ' ' ,(2) The Commission shall maintain proper' accounts and other relevant records and prepare'a statement of accounts, in the 'fonh and, manner by the Auditor , General.

approved .

(3) The accounts of the Commission shall be audited , by' the Auditor- General in' accordance with Article, 158of the' " ' , ' Constitution. '
(4), 'Where the' accounts 'and the' statement of accounts , of the Cominission in respect of a financial year have been ' audited, the Commission shall furnish, not later than'S months, , after the end of the financial' year, to the Minister and the responsible for, finance, a copy of the 'statement , .Minister the Auditor-General on the together with a copy of anyreportby the, statement' of accounts or, on 'the accounts of , Commission. '

Annual ,report .

, , 22.'


,The Commission shall, as soon as possible after the expiration of each fmancial year and in any event not later than .the 31"t day of March in 'any year, submit to thcr Minister, and .the Minister responsible for fmance, an annual report dealing , generally with the administration and its activities during the , preceding financial year and the Minister shall cause the report to be laid before the National AS,seinbly.

.

.

PART W - OFFENCES AND PENALTIES ' .


Offences and penalties 23.

.

: A nerson who~."

.

l/ .

: , , (a), without just cause refuses .or fails to comply with a notice under section 17(1)(c) orrefuses to take the oath or to make an affirmation at --.,-- •• "t ...... .. " .

',,04thAugust 2C)'18] , ,.

'Supplldne;it.t~'Offii:iiii'G~ette' .

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"I' .rtr 1,;;;: i .••.. ',' 1:1..,.10,' "i: ',the: t~quest'of the:Co~ission~ln terms of", section"1'7(1)(dYor:refiises to answer any· : ·:····,i :,,·":question'put·to"lii~"or'::her under section' 'i.

!1 ",'.

;:;;r17(1)(d) .or 'refuses 'lor' fails 'to furnish: ,I:particulars or information required from him .

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affirmation contemplatedin section'17(1)(d) , gives false evidence before the Commission : 1"'~i.on"anf'inarter~"kDowi'ilgsJ~h'e{.ldenceto.be :.

:', 'fal~e'oinotkrio\vihgbrbelievi~ghto be true; .'

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: ,.,.,: ' l'l'(c) r"'~wilfUil;r;interiupts"the:''p~~ce~ding~\~{ a~ ':r-£' investlgation'oHnisheha\l~sbims'elfdihHsfM in any m~nner.

in': the'llptaCtrwHere I'such ' .

:investigation isbeing held; .

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':(d)'",in':connectionLwith'ia:~Y"lnvestig~tion"does, lif'such' mv.estig~tioti'were I anything-which, -proceedings in a court Qf,'Hl\v;JW6uld:have .. constituted contemptof court; jff!

: '"Ii "I .... .

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'~~:··_1 ~:..',:;,''') ...._.,'(~)J; :~t~~ipa~es,:any;Jindings:o(the,.Connni,ssion , , -,_~'r: ',,:.

: :,:lJegardipik ~n -,investigation .


tn:i:..ai,wanner" , :,<,;;.

:-:,.f;O:: calculat~dtpinf1uengeJ~s"p'roc~edingsor,such -findings.

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matter being or to be considered' by the' Commission ",in .connection with an \ ""'1' ' .

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'j' contravenes any.provision of section 9(3) or _ J'1'1" .
"""1" : I' '(h) fails to affordthe C~mmissionthe neces~ary" 1:1111 r:~sistance referred to iil.seC'iionl<j(2)or 15(5); .j~i_q~~;_" (~'.

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I "., 'f' ,T";' • " 142 r , ' Staff of Commission , Supplement (i) .
to Official Gazette ' [14th August 2018] , , , being authorised ,acts contrary to the authority of a warrant or, thereto,' under without section 18, enters or searches any premises or , attaches any article or document or performs :' ,any act contemplated in section 18(3), , ' .is guilty of an offence and liable on conviction to a fine hot exceeding SCRI0,000 or to imprisonment for a period not -exceedingsixmonths.

,," ':, , • , .

',:, t PART'IV - ADMINISTRATIVE AND ' MISCE~LANEOUS PROVISIONS ; .

'-, 24.
'-, 24.

(1)' .TheCommission shall employ such employees as ., may be reasonably necessary.

to' assist the Commission-in the ' performance ofits functions.

., (2) The employees' shall be employed on such terms ', and conditions and receive such remuneration, allowances and ' .

other behefits as the Commission may, subject to the approval.

'.'
'.'

of the Minister, determine, t (3)' The Commission may in the exercise of its powers ' or the' performance of its functions by or under 'this Act or any ., other written law, forspecific projects,' enter into contracts' for the services of' persons 'having" technical or specialised knowledge of any .matter the Commission, including reimbursement for travelling, subsistence and other expenses, of suchpersons.

", " and determine the remuneration, relating -fo the 'work of ,':, .

".

': " ' - , .'
".

': " ' - , .'

* ~ •• , • , (4') A member of staff .shall .exercise the powers and perform the functions- " " " , (a) conferredupon him or'~er by ~r'underthisAct or anyotherwritten lawj and ,- .

.

(b) .conferred upon or assigned to him or her' by ,', , " the Commission, , ' [14tliAugust 2018] .

',iS,-!pplemeiit 'to Official 'Gazette subject to the generat~r special directions ~ii1dinstructionsjhat .

·the Commission rnay~fromtime to time; issueto him or her. '

.. ..

.

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c:--: ') r A member of the' staff, of the Commission' or any '.

Application of provisions ~~: Penal "25. other' 'person!iidiirig-liiider' the':drrectlort of the' Commission shallbe d~emddto·S~lempioyed 'In tHe~ptibllc'service for the, .'

, ' 91'to '96 oftlie Penal Code~, jUjpose'ofsections ',(It.;.l:j~;.~I~~!·:':.

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)(':}H'OI ..',."

I il "26.


'~'.,'~~,suhor ~iher legal proceedIngs shall not lie against the Commissioners .or'other employe'es fbtihe' Commission for any action taken or intended to'have'been tiikernin pursuance of' t?epi?vis~onsof~h~s~c~: .. .. ' .

-t • ~ ,,'J .... :, · " 27.

(1) The Minister'inay,' make regiilations for carrying into effect the provisions of this Act. "

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~l r'-,',' (2) Wi~hout preJudic~ to' the, ge,n~rality..or subsection ,'~",' .'

_ • ' ..~; _ l .

(I), the regulations may provide for- '.

-'-i:, .

', .

~.

: f",' ""~; '(a)'" ih~" salary .

'."

, "a~d '.

;: ».'

..': ',.,:Commissioners iincludingvthe.

'Chairperson II'J,.ll .r ':. '

, ..\I>Ld" tr,.


',.i ,(", a'ti·p·w~~~~s· of .1 JI'andthe Deputy Ohairperson; and , ' ~ ftt b~'i;li(~qi;t; fj',J!!

~1,··.Jl ":.dt ;-" ("" -J,lt-';P j;..:urr ';'1 ' . )

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:]:;:rll;i:: ' (\» Il,_;anyjother.,matter, required to beprescribed ~h;:'(') ;>I:r)i;.,; 1()u~~er.thisrAct:()'.l~r!J 'I.::J:·.

'~ .

.

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(3) The Commission may, make rules for the.following .. mattersinrelationtO'iliemeb11iers'bfstaff~"'r' 'l::rl!O '10' IYJu?
?i jL;~:':i .

.'

.

:j (Ii), .

'.

'HI .'

.

.

k)i:J!J~!.

:,i.i ',n, ''(a'jf;ithe'urequirements and.'

oJ '\ '.~ 'wi ,_, .r'f6r~1 discharge :1.\ ...... J ' nlr" '" rl"I'rl'" "'l v , '(III; '.

f;(li )J:grl do '{fIIdiscipliiiary'Stejis; (;1' 'I,!~::()'" '.'

~ '''11''111 .. ,,11 •• ; 1.11"" I."

I' : ....~ .

U oJ.l.

; 11i 'Jr~I:" d (1:)) -; , thepowerS;:duties,'conduct and discipline;' 1jr;Jr~1''J')rl''rl'I'lfl''''''-!J' 'I': (i?

n~jrl,'.)

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'(0) (JI thettraininglofmembers' '~'P)!dinanCiala~sfstaric~~orsuc~'training; J)'::.mJ'Jf!t lilmJ b/'...

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:m '",,~..) ~rlJ ;·c.

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;(d)lf;,the:code':of;coriduct toibe.complied with by of staff, including .

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- members of staff; .

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\ - .. ----"-'_-_' _- ..-.'

,~otection of action taken ,ingood faith Regulations' .
',"'\,' ",I" , , , • • ,144 Repeal md savings " ' •.

, " Supplement to Official Gazette' [14th August.2018] \ (e) (f) " .
subject to section 27, the legal liability of any' , member of staff in respect of any act done in terms of this Act; " , ,the 'procedure 'for dealing' with' complaints and grievances of members' of staff and the manner in which and time when or period wherein arid the' person to whomdocuments in connection with and communications of, such members of staff requests , must be submitted; or , (g) , 'any 'other, matter which i~' necess'acy' 'or, required to be prescribed byrules under this' Act., ~', '., " : i .
(!

: :, ~ .t .

d'!

;: ~~'.....' , ( J I. : , , ' (Cap 301), is hereby repealed.

28.
(1) The Protection of Human Rights Commission Act, ' , j "',';,,'; ';", " ' • .. • • • • • ,J t !I ; t ' ~ - •• : :" , .. ; !, ~', (2) Notwithstanding the repe~l under subsection (1)- , ••.• 1 '1: I ) ~ (a) , any person who" immediately before the this -Act, has been commencement of appointed to a post under the repealed Act shall be deemed to ,have 'been ISO appointed , under the-corresponding provisions of this ,,' tAct;: " , ' ' (b)', anything done; or taken issued instruction .including., any" regulation or other made administrative measures: or any contracts ' entered, into :or Iany obligations .incurred under the repealed Act which could be done under this Act .and which were in , force immediately before the commencement , of this Act, shall be deemed to have been so , done, issued, taken, entered into' or incurred, this 'Act until as the case may be, under amended; wifhdrawn or, repealed iunder this Act.
:'l'~r;>'1j} I ... ':_~j~',Ji; .

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- -.

--~ --- ..... _-.........._..- ....-~--.

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----- ..........-- -- _- ..... - -""!-- ••.

- [14th August 2018] .


Supplement to Official Gazette I' 145 "" ,,' , 'of Human Rights Act (3)' Any reference in any writtenlaw to the Protection (Cap' 301) shall, unless the context' otherwise indicates or if clearly inappropriate, be construed as ' "a reference to this Act, or to' the corresponding "provision , , , .thereof, as the oase may be. "

' , .'
' , .'

29. ;' \The N~tional Human' Rights, Commission , " established Underthe repealed Act shallcontinue to be inforce , : and function till the Commission wider section 3 of this Act is established.

.. ' , ' .I certify that this is a correct copy of the Bill which was passed, ' bytlie NationalAssembly on 5th June, 2018.

I , Transitional provisions .

, ,~.

Ms. Jutta Alexis Clerk to the ,Nati.onalAssembly " ' , . "

" , I ... " .'

.

- .~, , , -~-----_- ..~--- ,- - -- - .. --- , ..-.--'---'~ , .
~~-- - --- _.--- --~.

--'--_._---- --'- P1 Creating awareness and understanding of human rights by duty bearers and rights holders Indicator Strategic Priorities 2022 -2024 Input Human Resources - Education/Communications Officer Workshops (i.e.
educational awareness-raising sessions with duty bearers and rights holders Activities Social media and website interaction (likes, follows, comments and Sheet) Creation and Production of Educational Materials Workshop Report based on Evaluation Forms Output Social Media Content Number of printed/created content Progressive understanding of human rights by duty bearers and rights holders as evidenced through evaluation exercises.
Outcome Increased digital engagement Greater availability of human rights educational content to rights holders Impact Progressive awaremess and understanding of human rights and human rights related topics P2 Monitoring national and international human rights standards and accessible mechanisms for addressing the human rights violations monitored Input Human resources (i.e.
Monitoring Officers) Indicator Activity Output Outcome Follow-up meetings with parent ministries / Collect Information Visit places of detention Follow up of monitoring reports / Monitor Implementation Monitoring Reports Increased monitoring of the State’s implementation and reporting of United Nations international human rights treaties.
Improved conditions of places of detention Impact Improved enjoyment of human rights by rights holders and respect for the right of dignity P3 Establishing mechanisms to investigate and manage human rights complaints Indicator Input Human resources (i.e.
Investigation Officers) Activity Processing inquiries, investigation, legal processes output Resolving alleged individual human rights complaints Outcome Reduction in alleged human rights violations received by the investigation Impact Improved respect and awareness of human rights P4 Producing advisory reports and studies and reviewing government policies, proposed and written law Input Human resources (i.e.
legal and research) Activity Researching and analysing the human rights issue and drafting necessary documents output Advisory reports Indicator Outcome Improved human rights results in government and the institutionalisation of the human rights approach Impact Improved human rights results for the people of Seychelles.

P5 Networking with local and international organisations which actively promote respect for human rights Indicator Input Human resources (i.e.
Communications officer) Activity Meetings, collaborative programmes and activities Output Communications activity report Outcome Improved human rights awareness and cooperation between the Commission and other organisations Impact Improved human rights results for the people of Seychelles.

Human Right Index to be considered for the country THE SEYCHELLES HUMAN RIGHTS COMMISSION COMPLAINTS HANDLING AND INVESTIGATIONS PROCEDURES May 2022 Contents 1.

Definitions………………………………………………………………………………...2 2.


Introduction………………………………………………………………………………4 3.

Making Enquiries and Complaints……………………………………………………...7 4.

Populating the Complaints Form………………………………………………………10 5.

Complaints that the Commission may Investigate…………………………………….13 6.

Investigations……………………………………………………………………………15 7.

Alternative Dispute Resolution………………………………………………………...21 8.

Investigations Hearings………………………………………………………………...29 9.

Concluding Complaints………………………………………………………………...42 10.
Instituting Legal Proceedings…………………………………………………………..43 11.

Investigations Appeals………………………………………………………………….44 12.

Forms…………………………………………………………………………………....46 1 1.
DEFINITIONS 1.1 In these Procedures – (a) “The Act” refers to the Seychelles Human Rights Commission Act of 2018; (b) “ADR” refers to Alternative Dispute Resolution, which includes the resolution of a complaint through negotiation, mediation and/or conciliation; (c) “Assessment” refers to the Commission’s formal process of screening a complaint to determine jurisdictional authority and make an initial finding on its merits; (d) “Chairperson of the Panel” refers to the Chair of the Investigations Panel; (e) “Child” refers to any person under the age of eighteen (18); (f) “Commission” refers to the self-governing, neutral and independent body that is the Seychelles Human Rights Commission, as established by the Seychelles Human Rights Commission Act of 2018; (g) “Complainant” refers to a person, or a group of persons, that submits a complaint to the Commission; (h) “Complaint” refers to a verbal, written, or electronic communication submitted or addressed to the Commission, which contains an alleged human rights violation; (i) “Conciliation” refers to the process of an independent person intervening as an expert between a Complainant and a Respondent to reach an agreement.
(j) “Constitution” refers to the Constitution of the Republic of Seychelles, 1993; (k) “Day” refers to any working day, which excludes Saturdays, Sundays and public holidays; (l) “Finding” refers to the conclusion, reached by the Commission, after an assessment or investigation of a complaint, or following an Investigations Hearing; 2 (m) “Investigations Hearing” refers to a formal investigation, pursuant to section 16 of the Seychelles Human Rights Commission Act of 2018, and as contemplated in section 8 of these Procedures; (n) “Human rights” refers to the fundamental rights captured in Chapter III, Part I (Articles 15 to 39) of the Constitution of the Republic of Seychelles, 1993; (o) “Investigation” refers to an investigation as contemplated in section 16 of the Seychelles Human Rights Commission Act of 2018; (p) “Mediation” refers to the process of an independent person intervening as a facilitator between a Complainant and a Respondent to reach an agreement; (q) “Negotiation” refers to the process of conferring with a Complainant and a Respondent to reach an agreement; (r) “Panel” refers to an Investigations Panel, constituted by the persons outlined in subsection 8.3 of these Procedures; (s) “Report” refers to a written presentation of the findings produced after a site visit, an investigation or an Investigations Hearing; (t) “Respondent” refers to a person, or a group of persons, that is alleged to have violated one or more human right; (u) “Staff Directive” refers to the issuance of guidelines,
 instructions or directions to a member of the Commission’s staff; (v) “Standard Operating Procedures” (or SOP) refers to a step-by-step guide that is specific to a part of the Commission’s routine operation, which details the steps necessary to effectively fulfill that part of the Commission’s operation; (w) “Terms of Reference” refer to an outline of what must be considered and investigated by the Commission as part of an Investigations Hearing.
3 2.

INTRODUCTION 2.1 These Procedures aim to guide persons as to how the Commission handles complaints, conducts investigations, and makes its opinions and recommendations, and, as such, they are critical for providing well-founded and reasoned opinions, as well as recommendations, in the most effective and efficient way possible.
2.2 The Seychelles Human Rights Commission (hereinafter “the Commission”) is established under section 3 of the Seychelles Human Rights Commission Act of 2018 (hereinafter “the Act”).

Pursuant to section 3 (2) of the Act, the Commission shall be a self- governing, neutral and independent body and shall not be subject to the direction or control of any person or authority.
2.3 The mandate of the Commission is to promote and protect human rights in Seychelles, and, to facilitate the Commission to execute this mandate, the Act provides the Commission with a broad range of powers and functions.
2.4 Section 14 (4) of the Act provides that the Commission is competent- (a) to investigate on its own initiative, or on receipt of a complaint, any alleged violation of human rights, and if, after due investigation, the Commission is of the opinion that there is substance in any complaint made to it, it shall, in so far as it is able to do so, assist the complainant and other persons adversely affected thereby, to secure redress, and where it is necessary for that purpose to do so, it may arrange for or provide financial assistance to enable proceedings to be initiated in a competent court for necessary relief or may direct a complainant to an appropriate forum; and (b) to initiate proceedings in a competent court or tribunal in its own name, or on behalf of a person or a group or class of persons, including proceedings relating to the constitutionality of a law or the provisions of a law.
4 2.5 Section 15 of the Act also provides that the Commission may, by mediation, conciliation or negotiation endeavour— (a) to resolve any dispute; or (b) to rectify any act or omission, emanating from or constituting a violation of or threat to any human right.

2.6 As such, it is essential to recognise that the Commission is not a Court or Tribunal, and it does not render binding decisions.
However, given that it is a neutral and independent body mandated to promote and protect human rights in Seychelles, with broad investigatory powers, and the power to seek enforcement of its decisions through the courts, its opinions and recommendations are highly persuasive and should be afforded the utmost respect.
This is further highlighted in the legal obligation, as provided in section 19 (4) of the Act, which states that If the Commission makes any finding or recommendation in respect of a matter investigated by it known to the public authority, organisation or institution concerned shall within 60 days after becoming aware of such finding or recommendation respond in writing to the Commission, indicating whether the public authority, organisation or institution, intends to take any steps to give effect to such finding or recommendation, if any such steps are required.
2.7 It is important for the Respondent(s) to note that, where the same is a public authority, organisation or institution, the 60th day, as provided in the above subsection, is the latest deadline for the Respondent(s) to submit a response to the Commission’s findings and recommendations, albeit the Commission may request for a response to be submitted within a shorter time frame, should it be of the opinion that the potential human rights violation in question needs to be urgently addressed.
Further, given that the above is a statutorily required response period for a Respondent that is a public authority, organisation or institution, the Commission will interpret a non-response from the Respondent(s) within the prescribed time limit as a tacit acceptance of its findings or recommendations.
5 2.8 Moreover, section 16 (8) of the Act provides that, subject to the provisions of this Act, the procedure to be followed in conducting an investigation shall be determined by the Commission with due regard to the circumstances of each case.

Further, section 16 (9) of the Act provides that the Commission shall make known publicly the particulars of the procedure which it has determined under of subsection (8).
2.9 The Commission keeps these Procedures under regular review to ensure that they are as effective and efficient as possible.

As such, the Commission may amend these Procedures from time to time, where necessary.

2.10 These Procedures shall be read with the Act, supported by internal standard operating procedures and staff directives.

2.11 There may be times in certain circumstances when the Commission may need to deviate from these Procedures.
Where such deviation is necessary, the Commission shall provide their reasons in writing.

6 3.

MAKING ENQUIRIES AND COMPLAINTS 3.1 Upon receiving a formal complaint, the Commission may carry out an initial assessment of the complaint.
At this stage, unless the person making the complaint wishes to personally populate the Enquiries Form in Form 1 of these Procedures, a duly designated member of staff shall ensure that the Enquiries Form in Form 1 of these Procedures contains the following information: (a) The name, date of birth, sex and gender identity of the person making the complaint; (b) The address, nationality and country of residence of the person making the complaint; (c) The telephone number and email address of the person making the complaint; (d) The national identification number or passport number of the person making the complaint; (e) The spoken language of the person making the complaint, including whether they would require an interpreter; and (f) A brief description of the complaint, including whether the person making the complaint has lodged a complaint with another institution.
3.2 At this stage, the Commission can discuss the matter with the person making the complaint and provide preliminary information about human rights, the Commission’s mandate, the criteria for making complaints and the investigations procedure.

3.3 During the assessment, the Commission may choose not to refer the matter before it to an Investigations Officer, should the matter not meet the complaints criteria, detailed in section 5 of these Procedures.
Furthermore, should the Commission determine that there is another mechanism specifically established and, thus, more appropriate to receive the matter, the Commission may suggest that the matter be referred to the same in the first instance.
7 3.4 Where the Commission decides not to refer the matter to an Investigations Officer and the person to whom the matter relates is aggrieved by such decision, the person may appeal the decision by completing and submitting Form 3 of these Procedures (Appeals Form) to the Investigations Commissioner, within thirty (30) days of the said decision.
The Investigations Commissioner may then either refer the matter to the Investigations Officer for the Investigations Officer to fill out Form 2 of these Procedures (Complaints Form), or maintain the Commission’s decision not to refer the matter to investigation, providing full reasons for the same.
3.5 To initiate an appeal, the person making the complaint shall populate Form 3 of these Procedures (Appeals Form) and submit it to the Commission either by: (a) (b) (c) Delivering a physical copy of the form at the Commission’s office; Emailing the form to registrar@seychelleshumanrights.com; or Posting it in a confidential envelope to the Commission’s address at 1st Floor, Ile du Port, Dreamgate Complex, Mahé.
3.6 A person can make a formal enquiry at the Commission by populating Form 1 of these Procedures (Enquiries Form) and submitting it to the Commission either: (a) Via email, by addressing it to registrar@seychelleshumanrights.com; (b) Over the telephone, by calling the Commission on 4303220; or (c) By visiting the Commission’s office at- 1st Floor, Ile du Port, Dreamgate Complex, Mahé.
3.7 A person can lodge a formal complaint at the Commission by populating Form 1 of these Procedures (Complaints Form) and submitting it to the Commission either: (a) Via email, by addressing it to registrar@seychelleshumanrights.com; or (b) By visiting the Commission’s office- 1st Floor, Ile du Port, Dreamgate Complex, Mahé.
8 3.8 In the event that a Complaints Form (Form 2 of these Procedures) has to be populated by a Commission’s member of staff as a result of the person making the complaint requiring assistance to do so, the person making the complaint can: (a) Telephone the Commission on 4303220; (b) Visit the Commission’s office at- 1st Floor, Ile du Port, Dreamgate Complex, Mahé; or (c) Organise a video call with the Commission by calling the Commission on 4303220 or by emailing registrar@seychelleshumanrights.com.
3.9 In the event that a Complaints Form (Form 2 of these Procedures) has to be populated by a Commission’s member of staff, due to it not being feasible, on account of individual circumstances, for the person making the complaint to personally populate it, a complaint can be taken over the phone by calling the Commission on 4303220.

A complaint submitted in this manner will only be accepted in exceptional circumstances at the discretion of the Commission.

9 4.
POPULATING THE COMPLAINTS FORM 4.1 Unless the person making the complaint wishes to fill in a Complaints Form (Form 2 of these Procedures), a duly designated member of staff shall ensure that the form contains the following information: (a) The name, date of birth, sex and gender identity of the person making the complaint; (b) The address, nationality and country of residence of the person making the complaint; (c) The telephone number and email address of the person making the complaint; (d) The national identification number or passport number of the person making the complaint; (e) The spoken language of the person making the complaint, including whether they would require an interpreter; (f) The same details as above of any person, where the person making the complaint is not the person that has allegedly suffered the human rights violation; (g) Full details of the alleged human rights violation, including but not limited to: (i) Details of the time and place of the alleged human rights violation; (ii) Details of persons who were involved in the alleged human rights violation; (iii) A description of what occurred to cause the alleged human rights violation; (iv) Any documentation that the person submitting the complaint may have concerning the alleged human rights violation; (v) Details of persons who may have witnessed the alleged human rights violation; 10 (vi) Details as to the steps the person making the complaint has taken to seek redress for the alleged human rights violation; and (vii) What type of redress the person making the complaint is seeking.
(h) Whether the person making the complaint consents to the inclusion of their full names in any media article published by the Commission, provided that, where the person making the complaint elects for their name not to be disclosed, the person making the complaint is required to provide full reasons therefor.
The duly designated member of staff filling in the Complaints Form (Form 2 of these Procedures) shall also ensure that the person making the complaint acknowledges as well as understands that their election for their name not to be disclosed would only apply to any media article published by the Commission and not to the publication of the Commission’s Investigations and Analysis Reports, as per subsection 6.2 (f) of these Procedures, unless directed otherwise by the Chairperson of the Investigations Panel (hereinafter “the Panel”).
(i) Whether the person making the complaint consents to any alternative dispute resolution (ADR) mechanisms that may be available; (j) Whether the person making the complaint consents to the disclosure of information provided to the Commission to other persons as part of any investigation.
In the Commission’s attempt to secure any possible redress, where the person making the complaint elects not to have their information disclosed, the person making the complaint is required to provide full reasons therefor.
The duly designated member of staff filling in the Complaints Form (Form 2 of these Procedures) shall also ensure that the person making the complaint records, on the same, their acknowledgment and understanding that, should they not consent to the disclosure of their information to other persons or entities as part of 11 any investigation, this may lead to the Commission deciding not to undertake ADR or commence an investigation.
(k) Acknowledgment that the person making the complaint has read and understood these Procedures.

(l) Acknowledgment that the person making the complaint understands that the Commission is an independent truth-seeking institution, which is not their legal representative during the investigations process.

12 5.

COMPLAINTS THAT THE COMMISSION MAY INVESTIGATE 5.1 As per section 14 (4) (a) of the Act, the Commission can investigate alleged human rights violations.
The Commission exercises this power systemically with its other functions and powers to ensure the protection and promotion of human rights for all persons in Seychelles.
5.2 As human rights are intertwined within the system of governance, alleged human rights violations that the Commission may investigate refer to human rights under Chapter III of the Constitution, where there is currently no mechanism in place in the system of governance or the existing mechanism(s) may not be consistent with, or may not be up to a certain standard, to ensure the protection of human rights.
5.3 Furthermore, as the Commission also reviews laws and policies, monitors international human rights obligations and provides education and training, the Commission can address human rights issues through a systemic approach which may assist in resolving a complaint received by it and address the root causes of the alleged human rights violations.

5.4 Therefore, the Commission shall itself determine the appropriate forum or jurisdictional body for the complaint.
If the complaint can be effectively addressed under an appropriate forum already in existence, the Commission shall direct the person making the complaint to the same.

Should the forum not meet the necessary human rights standards, the Commission may conduct a systemic review concerning that forum.
5.5 If there is no appropriate forum in existence at the time that the complaint is brought before the Commission, or the existing mechanisms may not be consistent with or may not be up to a standard to ensure the protection of human rights, the Commission shall use the following criteria to evaluate the complaint: (a) The complaint is consistent with- (i) The Charter of Human Rights and Fundamental Freedoms under Chapter III of the Constitution; (ii) The Charter of the United Nations; 13 (iii) (iv) The Universal Declaration of Human Rights; The African Charter of Human and Peoples’ Rights; (v) The Human Rights Treaties of the United Nations, as ratified by Seychelles; or (vi) Any other applicable instruments in the field of human rights law.
(b) The complaint has not been delayed for more than five years without reasonable cause; (c) (d) The complaint provides a factual description of the alleged violations; The complaint provides the redress sought by the person making the complaint; (e) The person making the complaint has not already received redress for the same; and (f) The complaint has been submitted in good faith and is not frivolous or vexatious.
5.6 Where the complaint does not meet the above criteria, the Investigations Commissioner may decide not to commence an investigation.

Where the Investigations Commissioner decides that the complaint does not meet the above criteria, they shall communicate, in writing, the full reasons for their determination to the person making the complaint.
Moreover, should the person to whom the matter relates be aggrieved by such decision, the person may appeal the decision by completing and submitting Form 3 of these Procedures (Appeals Form) to the Investigations Appeals Commissioner, within thirty (30) days of the decision.

They may then either admit the matter to be investigated or maintain the Investigations Commissioner’s decision not to refer the matter to an investigation, providing full reasons for the same.
5.7 Where the complaint successfully meets the above criteria, the Investigations Commissioner shall admit the complaint to be investigated.

14 6.
14 6.

INVESTIGATIONS 6.1 Where the Investigations Commissioner decides to conduct an investigation into a complaint or where the Commission decides, through its own initiative, to investigate an alleged violation of human rights, the Chief Executive Officer shall, within seven (7) days of the Investigations Commissioner’s decision, appoint an Investigations Officer to conduct the investigation.
6.2 Once appointed in accordance with the above section, the Investigations Officer, in consultation with the Investigations Commissioner, shall adhere to the following process in their investigation of the complaint- (a) Inform the Complainant of the Commission’s decision to investigate the complaint, where applicable; (b) Ensure that all the information is properly recorded on the Complaints Form (Form 2 of these Procedures), including copies of any articles or documents presented to the Investigations Officer by the Complainant; (c) Shall additional information be required during the investigation, the Investigations Commissioner or the Investigations Officer, the latter being duly authorised by a Commissioner, may, pursuant to section 16 (1) (a) and (b) of the Act, at any stage of the investigation: (i) Contact the necessary persons by any reasonable means and request any relevant information; (ii) Conduct meetings with any necessary persons that might be relevant to the investigation; (iii) Conduct research to obtain any relevant information, which may include the completion of surveys or questionnaires; 15 (iv) Unless exercising powers under section 17 of the Act, having obtained the required permission, conduct any inspections that are relevant to the investigation, which may involve the taking of photographic evidence; and (v) Conduct any search and seizure necessary for the investigation, as per section 17 of the Act.
- Provided that the Investigations Commissioner or the Investigations Officer inform all persons approached by the same during the course of the investigation of their entitlement to a representative of their choice, at their own cost, which may include a legal representative and a support person.
(d) Send a letter, at such time as deemed appropriate by the Investigations Commissioner or Investigations Officer, to the Respondent, informing them of: (i) The name of the Complainant, if applicable; (ii) The human rights matter under investigation, including any allegations, if applicable; (iii) The requirement for the Respondent to respond, in writing, to the alleged human rights matter under investigation, and the deadline for providing the same; and (iv) The consequences of the Respondent’s failure to provide a response by the stipulated deadline.
- Provided that the Commission may, where it deems necessary to prevent or to cease the continuation of an alleged human rights violation, issue interim recommendations or propose remedial action through an Interim Investigations and Analysis Report.

16 (e) Ensure that an appropriate reminder is communicated to the Respondent in advance of the stipulated deadline and consider granting an extension to the same, should the Respondent request it, providing full reasons for such request.
(f) If the Investigations Officer receives a response from the Respondent, the Investigations Commissioner and Investigations Officer will assess whether any further information is necessary.

If they determine that further information is necessary, they shall continue to investigate the matter, as per these Procedures.
If they determine that no further information is required, the Investigations Officer shall, in collaboration with the Human Rights Analyst, complete an Investigations and Analysis Report based on all the information collected by the Commission, including any allegations concerning the violation of human rights under investigation.
This Report shall include the following: (i) The mandate of the Commission; (ii) The complaint, if applicable; (iii) Observations, if applicable; (iv) The human rights issue; (v) The relevant human rights standard; (vi) An analysis of the complaint and human rights issue in juxtaposition with the relevant human rights standard; and (vii) Conclusions and/or Recommendations.

- Provided that the Investigations and Analysis Report is certified by the Investigations Officer and the Human Rights Analyst.
(g) Where the Commission decides to conduct an investigation on its own initiative and where the Commission, through the exercise of other Procedures under its mandate, witnesses a potential human rights violation, and is able to observe and discuss directly with a Respondent that is a public authority the potential human rights concern, the Commission may issue an Investigations and Analysis Report, as detailed in the subsection above, directly to the public authority.
17 (h) If the Respondent fails to respond by the stipulated or extended deadline, the provisions of subsection 6.2 (f) of these Procedures shall mutatis mutandis apply to the Investigations and Analysis Report, and the Investigations Officer shall, thus, draft the same in collaboration with the Human Rights Analyst.
Further, given that the above is a statutorily required response period for a Respondent that is a public authority, organisation or institution, the Commission will interpret a non-response from the Respondent(s) within the allotted time limit as a tacit acceptance of its findings or recommendations.
(i) Once the Investigations Officer and Human Rights Analyst complete and certify the Investigations and Analysis Report, the Investigations Officer shall submit the same to the Investigations Commissioner, who: (i) Where no further information is necessary, may validate and issue the Report; (ii) Direct that the complaint be referred for ADR; (iii) Direct that the complaint be referred to an Investigations Hearing; (iv) Direct that the complaint be closed; or (v) Where further information is required, may direct the Investigations Officer to continue the investigation.
(j) Where the Investigations Commissioner is of the opinion that no further information is necessary and proceeds to validate and issue the Report, they may direct the Chief Executive Officer to transmit the same to the Complainant and Respondent(s).

If the Respondent(s) agrees with the findings and recommendations found in the Report, the Chief Executive Officer shall monitor the implementation of the same and provide any necessary consultation concerning their implementation.
If the Respondent(s) does not agree with the findings and recommendations found in the Report, the Commission may refer the matter to an Investigations Hearing or, where the Respondent is a public authority, organisation or institution under subsection 6.2 (g) of these Procedures and an Investigations Hearing is deemed unnecessary by the Investigations Commissioner, the Investigations Commissioner 18 may maintain the Commission’s opinion and recommendations in the Investigations and Analysis Report and may seek enforcement through a competent court, as per section 14 (4) (b) of the Act, by sending to the Respondent(s) a Final Position after Response.
The Final Position after Response shall include the following: (i) The Response; (ii) The Position of the Commission; (iii) Conclusion, including option for further discussion and execution before the Courts.
(k) Where the Investigations Commissioner directs that the complaint be closed and the Complainant is aggrieved by such decision, the Complainant may appeal the decision by completing and submitting Form 3 of these Procedures (Appeals Form) to the Investigations Appeals Commissioner, within thirty (30) days of the decision, who may then either decide to uphold the appeal and, as such, refer the complaint back to the Investigations Commissioner with directions, or to maintain the Investigations Commissioner’s decision to close the complaint.
(l) To initiate an appeal, the Complainant shall populate Form 3 of these Procedures (Appeals Form) and submit it to the Commission either by: (a) Delivering a physical copy of the form at the Commission’s office; (b) Sending it electronically to the Registrar of Complaints at registrar@ seychelleshumanrights.com; or (c) Post it in a confidential envelope to the Commission’s address at- 1st Floor, Ile du Port, Dreamgate Complex, Mahé.
(m) Throughout the investigation, the Investigations Officer shall, as far as is reasonably practicable, update the Complainant on the progress of the investigation.
(n) The Investigations Commissioner may, where the Respondent is a public authority, organisation or institution under subsection 6.2 (g) of these Procedures, and where 19 the Investigations Commissioner deems that it is in the public interest to do so, publish on the website of the Commission any Investigations and Analysis Report, Response from the Respondent, Final Position after Response, and any other relevant document or information relating to the investigation.

20 7.
20 7.

ALTERNATIVE DISPUTE RESOLUTION (ADR) 7.1 The Commission may, pursuant to section 15 of the Act, resolve complaints via negotiation, conciliation or mediation, where the Commission sees it justifiable, based on an Investigations and Analysis Report, for it to resolve the matter in such a way.

7.2 Where the Investigations Commissioner has decided on the method of ADR to be used, the Chief Executive Officer shall appoint an ADR officer to conduct the same.
The Chief Executive Officer may appoint the following persons as an ADR officer: (a) A Commissioner; (b) A member of the Investigations Unit, the Legal Unit or secretariat of the Chief Executive Officer; or (c) Any other member of staff the Chief Executive Officer deems qualified to conduct the same.

7.3 The duly appointed ADR officer shall, at all times when conducting an ADR session, observe the rule of natural justice and these Procedures.
ADR by Negotiation 7.4 To commence negotiations, the appointed ADR officer shall communicate the relevant alleged facts of the complaint to the Respondent.

Such communications shall be made either orally or in writing, provided that, where communication is in oral form, such communication shall be reduced into writing and sent to the Respondent.
7.5 The ADR officer shall facilitate as many communications between the Complainant and the Respondent as are necessary to successfully resolve the complaint, provided that the ADR officer shall make every effort to complete such negotiations within a thirty (30) day period.

21 7.6 The parties shall be entitled to the assistance of a representative of their choice, at their own cost, which may include a legal representative and a support person.
7.7 If the ADR officer is able to reach an agreement in respect to the negotiations, the ADR officer shall reduce the terms of the agreement into writing, and the Complainant and the Respondent will be given the opportunity to accept the same.

The acceptance of the agreement shall be formalised by the Complainant’s and the Respondent’s signing of the same, in triplicate, which shall also be dated.
Further, the ADR officer shall ensure that the Complainant and the Respondent, prior to signature of the agreement, understand the terms of the agreement, which, once the Complainant and the Respondent have both signed, shall be certified by the ADR officer.

A copy of the signed and certified agreement shall be given to the Complainant and the Respondent, and a copy of the same shall be filed appropriately at the Commission.
Non-Resolution of Complaint 7.8 If no agreement is reached in respect to the negotiations, the ADR officer shall notify, in writing, both the Complainant and the Respondent of the same.

The ADR officer shall also notify the Investigations Commissioner that they are unable to reach an agreement in respect to the negotiations, providing: (a) Full reasons in respect to the non-resolution of the complaint; and (b) A copy of the Investigations and Analysis Report.
7.9 The Investigations Commissioner may, once written notification has been received from the ADR officer, direct the ADR officer to re-attempt negotiations, giving full reasons for their direction.
7.10 If the Investigations Commissioner is of the opinion that the complaint cannot be resolved through negotiations, they may: (a) Direct that the complaint be referred for mediation or conciliation; 22 (b) Direct that the complaint be referred to an Investigations Hearing; or (c) Direct that the complaint be closed, in accordance with subsection 9.2 of these Procedures.
Where a Complainant is aggrieved by the decision to close the complaint, section 6.2 (k) of these Procedures shall mutatis mutandis apply concerning any appeal by the Complainant.

- Provided that the Investigations Commissioner gives full reasons for their direction.

ADR by Mediation 7.11 Prior to mediation, the Complaints Registrar shall contact the Complainant and the Respondent to ascertain a mutually convenient date for the mediation.
7.12 Once a convenient date for the mediation has been agreed upon by both parties, the duly appointed ADR officer shall communicate a notice to the Complainant and the Respondent for such mediation.

The notice shall contain the following: (a) The place, time and date of the mediation; (b) A summary of the complaint; and (c) A summary of the mediation procedures, the rights and responsibilities of the Complainant and the Respondent at the mediation.
7.13 Pursuant to section 15 of the Act, the mediation shall be conducted by the duly appointed ADR officer, who shall be impartial and neutral, in a professional manner that is informal, consensual and open, with the aim of resolving the complaint in question, provided that- (a) The mediation shall be conducted in English, unless the ADR officer directs otherwise.
If a translator is required, the person that requires the 23 services of an interpreter must provide reasonable notice to the ADR officer, who shall arrange for a translator to be provided; (b) The rule of natural justice shall be observed; (c) The parties shall be entitled to the assistance of a representative of their choice, at their own cost, which may include a legal representative and a support person; (d) The mediation may be conducted in any manner that the ADR officer deems justifiable and necessary, including through electronic means.
In the cases of children and vulnerable persons, the ADR officer may direct for special provisions to be made; (e) A mediation report shall be properly recorded and typed, which shall include the following: (i) The date, place and time of the mediation; (ii) The participants involved in the mediation; (iii) Where the mediation has been successful, an attached copy of the mediation agreement; and (iv) Where the mediation has been unsuccessful, the full reasons in respect to the non-resolution of the complaint.
(f) The mediation shall be closed to the public and the result of the same shall be kept private and confidential; (g) The ADR officer may adjourn the mediation for any reason they see fit; 24 (h) The parties shall ensure that they comport themselves in a respectful manner, refraining from interrupting and insulting each other during the mediation; and (i) The ADR officer may issue any direction justifiable and necessary to ensure the proper functioning of the mediation.
Procedure at Mediation 7.14 Before commencing the mediation, the ADR officer shall ascertain whether all parties have been properly notified of the mediation.

If the parties have not been properly notified, the ADR officer shall adjourn the mediation to ensure that all parties have been properly notified.

Should either party fail to attend the mediation after being properly notified of the mediation, the ADR officer may direct for the mediation to be adjourned, or resolve that the mediation has failed.
7.15 After ascertaining the appearance of the parties, the ADR officer shall explain: (a) The entitlement of the parties to the assistance of a representative of their choice, at their own cost, which may include a legal representative and a support person; (b) The purpose of the mediation; (c) The role of the ADR officer as an impartial and neutral third party that does not disclose their opinion concerning the complaint but acts as a facilitator between the parties; (d) The informal, consensual and open nature of the mediation; and 25 (e) The responsibility of the parties to comport themselves in a respectful manner, refraining from interrupting and insulting each other during the mediation.
7.16 After the above explanation, the ADR officer will ask the parties whether they require further clarification on any part of the aforementioned.

Once the ADR officer has supplied such clarification where needed, the ADR officer shall proceed to ask the parties whether there are any agreed facts and, if so, note them for the purposes of the mediation.
7.17 Once the ADR officer has ascertained whether there are any agreed facts, the ADR officer shall then proceed to ask the Complainant to explain their version of events that are in dispute.

Once the Complainant has been given the opportunity to explain their version of events, the ADR officer shall invite the Respondent to explain their version of events.

Where the ADR officer observes overlaps between the parties’ versions of events, the ADR officer shall invite the parties to consider such overlaps.
The ADR officer will then provide the parties with an opportunity to discuss their versions of events together in an appropriate manner, with a view to resolving the complaint.

7.18 Once the ADR officer has exhausted the above discussion, the ADR officer may then invite the parties to go into breakout rooms to consider any proposed resolution.

The ADR officer may go into the breakout rooms and facilitate the parties to resolve the complaint.
7.19 Once the breakout discussions have been exhausted, the ADR officer shall invite the parties back to a full sitting and ascertain whether a resolution has been reached in respect to the complaint.

7.20 If the parties have reached an agreement in respect to the complaint, the ADR officer shall reduce the terms of the agreement into writing, and the Complainant and the Respondent will be provided with the opportunity to accept the same.
The acceptance of the agreement shall be formalised by the Complainant’s and the Respondent’s signing of the same, in triplicate, which shall also be dated.

Further, the ADR officer shall ensure that the 26 Complainant and the Respondent, prior to signature of the agreement, understand the terms of the agreement, which, once the Complainant and the Respondent have both signed, shall be certified by the ADR officer.
A copy of the signed and certified agreement shall be given to the Complainant and the Respondent, and a copy of the same shall be filed appropriately at the Commission.

Non-Resolution of Complaint 7.21 If no agreement is reached in respect to the mediation, the ADR officer shall notify, in writing, both the Complainant and the Respondent of the same.
The ADR officer shall also notify the Investigations Commissioner that they are unable to reach an agreement in respect to the mediation, providing: (a) Full reasons in respect to the non-resolution of the complaint; and (b) A copy of the Investigations and Analysis Report.
7.22 Once the Investigations Commissioner has received the report, the Investigations Commissioner may: (a) Direct that the complaint be referred for conciliation; (b) Direct that the complaint be referred to an Investigations Hearing; or (c) Direct that the complaint be closed, in accordance with subsection 9.2 of these Procedures.
Where a Complainant is aggrieved by the decision to close the complaint, section 6.2 (k) of these Procedures shall mutatis mutandis apply concerning any appeal by the Complainant.

- Provided that the Investigations Commissioner gives full reasons for their direction.

27 ADR by Conciliation 7.23 The provisions of subsections 7.10 to 7.22 of these Procedures, except for subsection 7.15 (c) and 7.22 (a), in respect to mediation shall mutatis mutandis apply to conciliation.
7.24 In respect to conciliation, the role of the ADR officer shall be an impartial and neutral third party that provides human rights expertise, which includes their opinions, to the parties in order to facilitate a consensual resolution of the complaint.

28 8.

INVESTIGATIONS HEARINGS 8.1 The Commission may, pursuant to section 16 (1) (a) of the Act, conduct an Investigations Hearing concerning any complaint before the Commission.
8.2 An Investigations Hearing may be conducted in the following circumstances, which include, but are not limited to: (a) Where ADR has failed; (b) Where the matter relates to a systematic human rights issue; (c) Where the Respondent has failed to provide an adequate response; (d) Where the matter relates to alleged human rights violations of a serious nature; or (e) Where directed by the Investigations Commissioner.
8.3 Where the Commission decides to conduct an Investigations Hearing, the Chief Executive Officer shall appoint a Panel, which shall represent the Commission, made up of the following persons: (a) The Chairperson or any other Commissioner or member of staff duly designated by the Chief Executive Officer, who shall chair the Panel and also act as the scribe; - Only a member of staff who has not been involved in any part of the assessment or determination or decision concerning the complaint being investigated may be eligible for designation.
(b) Two Commissioners designated by the Chief Executive Officer; - In the event that the Chairperson, Deputy Chairperson or any other Commissioner has any interest in any matter connected with an Investigations Hearing, they, as the case may be, shall declare such interest as soon as is practicable and shall, unless 29 the Commission directs otherwise, recuse themselves from the Investigations Hearing, in accordance with section 16 (12) of the Act.
Commencing an Investigations Hearing 8.4 Where a Panel is appointed for the purposes of an Investigations Hearing, the same, based on the Investigations and Analysis Report, shall draft the Terms of Reference (hereinafter “the ToR”) for the Investigations Hearing.
8.5 After drafting the ToR, the Panel shall, pursuant to section 16 (1) of the Act, through a member of staff duly designated by the Commission, deliver a notice, in writing, under the hand of a Commissioner on the Panel, addressed to the Complainant, Respondent, any other person who appears to be implicated in the matter connected with the Investigations Hearing and all persons called to provide evidence at the Investigations Hearing, to appear before the Panel at a time and place specified in such notice, and to produce to it all articles or documents in the possession, or custody, or under the control of any such person.
The Panel may question them under oath or affirmation in any matter which may be necessary in connection with the Investigations Hearing.

The Panel shall also ensure that such notice contains the reasons why such person’s presence is needed, including why their oral evidence is required and/or why such article or document should be produced.
Notwithstanding the foregoing, the notice, pursuant to section 16 (1) (c) of the Act, must include the following: (a) The place, time and date of the Investigations Hearing; (b) A summary of the complaint; (c) The purpose for the person being requested to attend the Investigations Hearing, providing the reasons why such person’s presence is needed; (d) An indication as to whether the person is required to produce any article or document to the Investigations Hearing which may be necessary in connection with the Investigations Hearing, providing the reasons why such article or document should be produced; and 30 (e) Any further information that the Chairperson of the Panel may deem necessary, including but not limited to: (i) their entitlement to the assistance of a legal representative at their own cost; (ii) how the aforementioned persons may peruse the Investigations and Analysis Report and all accompanying documents pursuant to section 16 (6) of the Act, read with section 16 (11) of the Act, and (iii) information in respect to their competence, compellability and privilege, including that of self-incrimination, the offence of perjury and the offence under section 23 (b) of the Act.
8.6 The Investigations Hearing must be set at least thirty (30) days from the date of the notice, unless the Chairperson of the Panel is of the opinion that the alleged facts of the complaint constitute an urgent matter, at which point the Chairperson of the Panel may dispense with the notice period.
General Procedure of Investigations Hearings 8.7 Subject to section 16 of the Act, the Investigations Hearings shall be conducted in an inquisitorial, fair and impartial manner, with the aim of collecting credible evidence so that reasonable and timely findings concerning the complaint being investigated can be made, provided that- (a) The Investigations Hearing shall be conducted in English, unless the Chairperson of the Panel directs otherwise.
If a translator is required, the person that requires the services of an interpreter must provide reasonable notice to the Chairperson of the Panel, who shall arrange for a translator to be provided.
31 (b) The rule of natural justice shall be observed, including ensuring that the Complainant, the Respondent or any other person who appears to be implicated in the matter connected with the Investigations Hearing are given an opportunity to be heard by way of giving evidence or making submissions, either orally or in writing.
(c) The Complainant, the Respondent or any person who appears to be implicated in the matter connected with the Investigations Hearing shall, pursuant to section 16 (7) of the Act, have an opportunity to be heard at the Investigations Hearing by- (i) Producing before the Panel oral or physical evidence, including personal statements; (ii) Calling any person, determined by the Panel, to produce oral or physical evidence; and (iii) Questioning, through the Panel, any persons who have appeared before the Panel either personally or using the assistance of their legal representative.
(d) The Chairperson of the Panel may, pursuant to section 16 (1) (d) of the Act, administer an oath to or take an affirmation from any person appearing before the Panel, irrespective of whether or not such person has been required under the said paragraph to appear before the Panel, and question them under oath or affirmation in connection with any matter which may be necessary to the Investigations Hearing.
(i) Any person questioned under this paragraph, and in accordance with section 16 (2) (i) of the Act, shall be competent and compelled to answer all questions put to them regarding any fact or matter connected with the Investigations Hearing, notwithstanding that the answer may incriminate them.
Subject to the aforementioned, 32 the law regarding privilege as applicable to a witness summoned to provide evidence in a criminal case in a court of law applies in relation to the questioning of a person appearing before the Panel, as set out in section 16 (5) of the Act.
(e) The Chairperson of the Panel may require any person appearing before the Panel to produce to the Panel all articles or documents in the possession or custody or under the control of any such person that may be necessary in connection with the Investigations Hearing.
(i) Any person required to produce an article or document under this paragraph, and pursuant to section 16 (2) (ii) of the Act, shall be compelled to produce any article or document which is in their possession or custody or is under their control, which may be necessary in connection with the Investigations Hearing.
(f) Notwithstanding any provision of the Act, the Panel may at any point during the Investigations Hearing, on the same conditions as those detailed in paragraph 8.7 (d) (i) of these Procedures- (i) Put any question to any person appearing before the Panel; (ii) Rephrase any question put by the Complainant, the Respondent or any other person implicated in the matter connected with the Investigations Hearing; (iii) Clarify the content of any evidence submitted; and (iv) Elicit any information from any person appearing before the Panel.
(g) Any person in relation to paragraphs (d), (e) and (f) is only competent and compelled to answer a question, or compelled to produce any article or document contemplated in those paragraphs if- 33 (i) The Panel is satisfied, pursuant to section 16 (3) (a) of the Act, that to require such information from such person is reasonable, necessary and justifiable in an open and democratic society based on freedom and equality; and (ii) In the Panel’s judgment, pursuant to section 16 (3) (b) of the Act, such person has refused or is likely to refuse to answer a question or to produce any article or document on the basis of their privilege against self-incrimination.
Subject to the above-stated, the law regarding privilege as applicable to a witness summoned to provide evidence in a criminal case in a court of law applies in relation to the questioning of a person appearing before the Panel, which is provided for in section 16 (5) of the Act.
(h) The Complainant, the Respondent, any other person who appears to be implicated in the matter connected with the Investigations Hearing and all persons who have been called to provide evidence, subject to section 16 (6) of the Act, are entitled to the assistance of a legal representative of their choice, at their own cost, who shall be given reasonable access to peruse all documents held or received by the Panel in relation to the Investigations Hearing, provided that, pursuant to section 16 (11) of the Act, no person may disclose to any other person the contents of any document in the possession of a Commissioner or a member of staff or the record of evidence given before the Panel during an Investigations Hearing, unless the Chairperson of the Panel determines otherwise.
(i) The Complainant, the Respondent and any other person who appears to be implicated in the matter connected with the Investigations Hearing 34 shall, pursuant to section 16 (7) of the Act, be entitled to pose, through the Chairperson of the Panel, a question to any person appearing before the Panel.
(j) Where the Complainant establishes a prima facie case, the burden of proving that there has not been a violation of a human right, where the Respondent is the State, shall be on the State, where the State shall be required to produce clear and convincing evidence to satisfy the burden.

(k) The Panel shall not be bound by the rules of evidence, except for those encoded in section 16 (5) of the Act.
(l) The Panel may receive evidence in any manner it deems justifiable and necessary, including through electronic means.

In the case of children and vulnerable persons, the Chairperson of the Panel may direct for special provisions to be made.

(m) Should the Panel accept any article or document at the Investigations Hearing, it may retain any such article or document for a reasonable period and it shall inform the person(s) providing any such article or document of the same.
(n) The Investigations Hearing proceedings shall be properly recorded and typed.

(o) The Investigations Hearing shall be open to the public and the findings of the Panel shall be made public on the Commission’s website, unless the Chairperson of the Panel decides that the proceedings shall be held, in part or in full, in camera and the publication of the findings may be restricted in accordance with section 16 (10) of the Act.
35 (i) Before the Panel makes a direction on taking evidence in camera, the Complainant, the Respondent, any other person who appears to be implicated in the matter connected with the Investigations Hearing and all persons called to provide evidence at the Investigations Hearing are entitled to a reasonable opportunity to address the Panel in respect of evidence to be taken in camera.
(ii) The Panel may make directions in respect to the disclosure of evidence taken in camera and, specifically, when the evidence involves a child or a vulnerable person, the Panel may, to protect the identity of the person, direct for the name of the child or vulnerable person to be omitted and a pseudonym to be used in its place.

(p) The Chairperson of the Investigations Hearing may adjourn the Investigations Hearing for any reason they see fit.
(q) The Chairperson of the Panel may issue any direction that they deem to be justifiable and necessary to ensure the proper functioning of the Investigations Hearing, which includes any steps required to ascertain the truth and correctness of any evidence produced, and issue any such warnings, in accordance with section 23 of the Act, including but not limited to persons, as per subsections (c) and (d), who: (i) Willfully interrupt proceedings at an Investigations Hearing or misbehave themselves in any manner in the place where such an Investigations Hearing is being held; and/or (ii) Conduct themselves in a manner at an Investigations Hearing, which, if such investigation were proceedings in a court of law, would have constituted contempt of court.
36 Procedure at the Investigations Hearings 8.8 Before commencing the Investigations Hearing the Chairperson of the Panel shall ascertain whether service has been executed on the Complainant, the Respondent, any other person who appears to be implicated in the matter connected with the Investigations Hearing and all persons called to provide evidence at the Investigations Hearing.
If service has not been properly executed on the Complainant, the Respondent, any other person who appears to be implicated in the matter connected with the Investigations Hearing and all persons called to provide evidence at the Investigations Hearing, the Chairperson of the Panel shall adjourn the Investigations Hearing to ensure proper service on the Complainant, the Respondent, any other person who appears to be implicated in the matter connected with the Investigations Hearing and all persons called to provide evidence at the Investigations Hearing.
Should either the Complainant or the Respondent fail to appear before the Panel after being properly served notice of the Investigations Hearing, the Chairperson of the Panel may direct for the Investigations Hearing to be adjourned or to continue in the absence of the person who has failed to appear.
8.9 After ascertaining the appearance of the Complainant, the Respondent, any other person who appears to be implicated in the matter connected with the Investigations Hearing and all persons called to provide evidence at the Investigations Hearing, the Chairperson of the Panel shall explain: (a) The entitlement of the Complainant, the Respondent, any other person who appears to be implicated in the matter connected with the Investigations Hearing and all persons called to provide evidence at the Investigations Hearing to the assistance of a legal representative, at their own cost.
(b) The purpose of the Investigations Hearing.

37 (c) The inquisitorial and formal nature of the Investigations Hearing.

(d) The formal procedures that will be followed at the Investigations Hearing.
(e) That any person questioned under paragraph 8.7 (d) (i) of these Procedures, and in accordance with section 16 (2) (i) of the Act, shall be competent and compelled to answer all questions put to them about any fact or matter connected with the Investigations Hearing notwithstanding that the answer may incriminate them.
Subject to the aforementioned, the law regarding privilege as applicable to a witness summoned to give evidence in a criminal case in a court of law applies in relation to the questioning of a person appearing before the Panel, as set out in section 16 (5) of the Act.
(f) That any person required to produce an article or a document under paragraph 8.7 (e) (i) of these Procedures, and pursuant to section 16 (2) (ii) of the Act, shall be compelled to produce such article or document in their possession or custody or under their control, which may be necessary in connection with the Investigations Hearing.
(g) That any incriminating answer and/or information obtained, or incriminating evidence derived either directly or indirectly from a questioning at the Investigations Hearing, is not admissible, in accordance with section 16 (4) of the Act, as evidence against the person concerned in criminal proceedings in a court of law or before anybody or institution established by or under any written law, except in criminal proceedings where the person is 38 charged with the offence of perjury or with an offence under section 23 (b) of the Act.
(h) After the aforementioned explanation, the Panel will then ask the Respondent or any person who appears to be implicated in the matter connected with the Investigations Hearing whether they have a list of agreed facts.

(i) Once the Panel has ascertained whether there are any agreed facts, the Panel shall then provide a summary of the complaint and the ToR for the Investigations Hearing.
(j) The Panel will then proceed to call persons to provide evidence in the following order: (i) The Complainant; (ii) The Respondent; (iii) Any other person who appears to be implicated in the matter connected with the Investigations Hearing; and (iv) Any person(s) required to produce evidence before the Panel.

- Provided that the Chairperson of the Panel may deviate from the aforementioned order, where the Chairperson deems it justifiable and necessary.
(k) Once the Panel has received all the evidence, the Complainant, the Respondent or any person that appears to be implicated in the matter connected with the Investigations Hearing shall be provided an opportunity to make any closing submissions, either orally or in writing.
39 (l) Once the Panel has received any closing submissions from the Complainant, the Respondent or any person that appears to be implicated in the matter connected with the Investigations Hearing, the Chairperson of the Panel shall proceed to adjourn the Investigations Hearing for the Panel to determine its findings.

Findings of the Investigations Panel 8.10 The findings shall be determined by a 2/3 majority vote of the Panel.
Where there shall be a dissenting finding, the Panel member in dissent shall draft a separate finding.
8.11 The Panel shall set out in its findings the following particulars: (a) A summary of the evidence and information; (b) The human rights issue; (c) The relevant law relating to the human rights issue; (d) An analysis of the law, evidence and information; (e) Any findings in respect to the complaint, providing reasons; (f) Any recommendation(s) and/or remedial action(s) proposed; and (g) A notice providing information concerning the right to judicial review, should the Complainant, the Respondent or any person that appeared to be implicated in the matter connected with the Investigations Hearing be aggrieved by the findings, and the time limits of such review.
8.12 The Panel shall reduce its findings to writing and, on the day, adjourn for the purposes of delivering the findings of the Panel.

The Panel shall deliver a summary of their findings, and any recommendation(s) and/or remedial action(s) proposed.
The Panel shall deliver their findings within thirty (30) days of the conclusion of the Investigations Hearing, unless adjourned by the Chairperson of the Panel for a different date, provided that the Chairperson of the Panel provides justifiable reasons for the adjournment.
40 8.13 In the event that the Respondent does not agree with the findings and recommendation(s) and/or remedial action(s) proposed by the Panel in its findings, or the Respondent does not agree to give effect to the same within sixty (60) days of becoming aware of such recommendation(s) and/or remedial action(s), unless the Chairperson of the Panel determines a different time period, the Commission, pursuant to section 14 (4) (b) of the Act, may initiate proceedings in a competent court or tribunal in its own name to seek enforcement of the findings and recommendation(s) and/or remedial action(s).
8.14 A copy of the full findings shall be made available to the Complainant, the Respondent, any other person who appears to be implicated in the matter connected with the Investigations Hearing and all persons called to provide evidence at the Investigations Hearing.

8.15 The findings of the Panel shall be final and not subject to an appeal.
Provision of Report on Findings 8.16 The Chairperson of the Panel shall put a report of the full findings, including the majority and dissenting findings, before the Commission and the full findings, including the majority and dissenting findings, shall be made public on the website of the Commission, unless the Chairperson of the Panel has directed for the full findings to be restricted in accordance with paragraph 8.7 (o) of these Procedures.
8.17 A hard copy of the full findings, including the majority and dissenting findings, shall be made available at the registry of the Commission, unless the Chairperson of the Panel has directed for the findings to be restricted in accordance with paragraph 8.7 (o) of these Procedures.

41 9.
CONCLUDING COMPLAINTS 9.1 A complaint may be concluded and the file closed in the following ways: (a) Where the Commission decides that the complaint does not meet the admissibility criteria or there is an appropriate forum for the complaint and the Complainant has been informed of such; - Provided that, where a Complainant completes the procedures of the appropriate forum and believes such forum does not meet the required human rights standards, the Complainant can return to the Commission and have their complaint reopened.
(b) Where the Commission decides, based on information it has received, that the complaint does not warrant further investigation; (c) Where ADR has been successful; (d) Where an investigation has been completed and an Investigations and Analysis Report has been issued; (e) Where the Complainant wishes to withdraw their complaint; (f) Where the matter has been heard and settled through an Investigations Hearing; or (g) If legal proceedings are instituted, at the completion of the respective proceedings.
9.2 When a complaint has been concluded, the Complainant will be notified in writing, including the reasons for such conclusion.

42 10.
INSTITUTING LEGAL PROCEEDINGS 10.1 Where the Respondent has failed to implement the findings under any report issued to them, without satisfactory reasons for such failure, and where the Commission has expressly stated in its findings that it may institute legal proceedings in the event of such failure, the Commission may decide to institute the same in accordance with section 14 (4) (b) of the Act, which states that the Commission is competent to initiate proceedings in a competent court or tribunal in its own name, or on behalf of a person or a group or class of persons, including proceedings relating to the constitutionality of a law or the provisions of a law.
43 11.

INVESTIGATIONS APPEALS 11.1 Should the Complainant be aggrieved by a decision made under subsections 5.6 of these Procedures, the Complainant may, within thirty (30) days of the said decision, appeal to the Investigations Appeals Commissioner.

The Complainant may appeal outside of this time limit with leave of the Commission, provided that they offer justifiable reasons.
11.2 To initiate an appeal, the Complainant shall populate Form 3 of these Procedures (Appeals Form) and submit it to the Commission either by: (a) Delivering a physical copy of the form at the Commission’s office; (b) Sending it electronically to the Registrar of Complaints at registrar@ seychelleshumanrights.com; or (c) Posting it in a confidential envelope to the Commission’s address at 1st Floor, Ile du Port, Dreamgate Complex, Mahé.
11.3 The Investigations Appeals Commissioner shall, within thirty (30) days of receiving the appeal, make their determination in respect of the same in writing, which shall be communicated to the Complainant.
Should the Investigations Appeals Commissioner be unable to make their determination within the above time frame, the Investigations Appeals Commissioner shall inform the Complainant, in writing, and provide the Complainant with a new date for their determination, provided that the Investigations Appeals Commissioner offers full reasons for the delay.
11.4 Once the Investigations Appeals Commissioner receives the appeal, they may: (a) Dismiss the appeal; or (b) Uphold the appeal; - Provided that the Investigations Appeals Commissioner shall give full reasons for their determination.
44 11.5 Where the Investigations Appeals Commissioner upholds the appeal, they may: (a) Direct that the complaint be investigated; (b) Direct that the investigation be continued; (c) Direct that the complaint be referred for ADR; (d) Direct that the complaint be referred to an Investigations Hearing; or (e) Issue any other directions that they may deem necessary to give effect to these Procedures.

- Provided that the Investigations Appeals Commissioner shall give full reasons for their direction.

45 12.
45 12.

FORMS a) Form 1 ENQUIRIES FORM Note: The form may be filled in English, French or Creole and shall be forwarded to the Seychelles Human Rights Commission, 1st Floor, Ile du Port, Dreamgate Complex, Mahé.

A) CONTACT AND REFERENCE INFORMATION Full Name: Date of Birth: Local Address: Country of Residence: Telephone of contact persons: Email address: Nationality: National Identity No./Passport No.

: Spoken Language: Sex (statistical purposes only): Do you require an interpreter?
Yes/No Gender Identity (statistical purposes only): B) COMPLAINT HISTORY OUTSIDE SHRC Please specify if this complaint has already been submitted to any other institution or body, e.g.
- Ombudsman ☐ Judiciary ☐ - - Truth and Reconciliation Commission ☐ - Employment Tribunal ☐ - Anti-corruption Commission ☐ - Police/Internal Affairs ☐ Other (please specify):……………………………………………………….................................................. 46 C) THE COMPLAINT Brief description of the complaint: Signature of Complainant……………………………………………………………………………………………………........................ Date………………………………………………………………………………………………………………………………………………………….. Information provided by the Commission to the Complainant: FOR OFFICIAL USE ENQUIRY NUMBER:………….…………………………………………………………………………………………….………………….. NAME OF STAFF MEMBER: …………………………………………………………………………………………….…………………..
DATE RECEIVED BY STAFF MEMBER: ………………………………………………………………………………………………….

DATE INFORMATION PROVIDED BY STAFF MEMBER:………………………………………………………………… SIGNATURE OF STAFF MEMBER: ………………………………………………………………………………………………………… 47 b) Form 2 COMPLAINTS FORM Note: The form may be filled in English, French or Creole and shall be forwarded to the Seychelles Human Rights Commission, 1st Floor, Ile du Port, Dreamgate Complex, Mahé.
A) CONTACT AND REFERENCE INFORMATION Full Name: Date of Birth: Local Address: Country of Residence: Telephone of contact persons: Email address: Nationality: National Identity No./Passport No.

: Spoken Language: Sex (statistical purposes only): Do you require an interpreter?

Yes/No Gender Identity (statistical purposes only): B) THE COMPLAINT Full details of the alleged human rights violation, including but not limited to: a) Details of the time and place of the alleged human rights violation.
48 b) Details of who was involved in the alleged human right violation.

c) Details of what occurred to cause the alleged human rights violation.

d) Details of any documentation the complainant may have concerning the alleged human rights violation.

49 e) Details of the persons who may have witnessed the alleged human rights violation.

f) Details as to what steps the complainant has taken to seek redress for the alleged human rights violation.
g) Details of the type of redress the complainant is seeking.

I, the undersigned, consent to the information provided to the Commission to be disclosed to other persons as part of any investigation and in the process of securing any possible redress.

…………………………………….

Signature …………………………………….

Date 50 I, the undersigned, do not consent to have the information disclosed for the following reasons: …………………………………….

Signature …………………………………….


Date I, the undersigned, acknowledge and understand that, by not consenting for the information to be disclosed, this may lead to the Commission not undertaking alternative dispute resolution (ADR) or commencing an investigation.

…………………………………….

Signature …………………………………….

Date I, the undersigned, agree to engage in any ADR, which may include negotiations, mediation or conciliation proposed by the Commission.
Further, I, the undersigned, consent to the Commission meeting with the Respondent(s) to discuss the matter and to ascertain the possibility and/or suitability of ADR.

I, the undersigned, acknowledge that the Commission may, where it sees it necessary to do so, endeavour to resolve the dispute or rectify any act or omission emanating from or constituting a violation or a threat to any human right by ADR and consent to the process.

…………………………………….

Signature …………………………………….


Date I, the undersigned, do not agree to engage in any ADR, which may include negotiations, mediation or conciliation proposed by the Commission for the following reasons: 51 …………………………………….

Signature …………………………………….

Date I, the undersigned, acknowledge and understand that by not consenting to participate in ADR, this may lead to the Commission not commencing an investigation.

…………………………………….

Signature …………………………………….


Date I, the undersigned, consent to my full name being included in any media article published by the Commission.

…………………………………….

Signature …………………………………….

Date I, the undersigned, do not consent to my name being included in any media article published by the Commission for the following reasons: …………………………………….

Signature …………………………………….


Date 52 I, the undersigned, acknowledge and understand that withholding my consent in the above applies only to media articles published by the Commission and not the publication of Investigations and Analysis Reports, unless directed otherwise by the Chairperson of the Investigations Panel, should the complaint be referred to an Investigations Hearing.

…………………………………….

Signature …………………………………….


Date I, the undersigned, acknowledge and understand: (a) The Complaints Handling and Investigations Procedures.

(b) That the Commission is an independent truth-seeking institution and is not my legal advocate during the complaints process.

…………………………………….

Signature …………………………………….

Date I, the undersigned, confirm the above information provided by me in this Complaints Form is true and correct to the best of my knowledge and belief.

…………………………………….
…………………………………….

Signature …………………………………….

Date FOR OFFICAL USE COMPLAINT NUMBER:………….…………………………………………………………………………………………….…………….

NAME OF STAFF MEMBER: …………………………………………………………………………………………….…………………..

DATE RECEIVED BY STAFF MEMBER: ………………………………………………………………………………………………….
SIGNATURE OF STAFF MEMBER: ………………………………………………………………………………………………………… 53 c) Form 3 APPEALS FORM Note: The form may be filled in English, French or Creole and shall be forwarded to the Seychelles Human Rights Commission, 1st Floor, Ile du Port, Dreamgate Complex, Mahé.
A) CONTACT AND REFERENCE INFORMATION Full Name: Telephone Number: Local Address: Email Address: Enquiry/Complaint Number: B) DECISION BEING APPEALED Details of the decision being appealed: Reference Number of decision: Date of decision: 54 C) REASONS FOR APPEAL Details of the reasons why you disagree with the decision being appealed: D) IF APPEALING OUTSIDE APPEAL PERIOD Details of reasons for appealing outside the appeal period, incl.
any supporting documents: E) SUPPORTING DOCUMENTS FOR APPEAL Details of the documents being provided to support your appeal, incl.

documents received from the Commission: Signature of Complainant/Appellant……………………………………………………………………………………………………....... Date………………………………………………………………………………………………………………………………………………………….. 55 FOR OFFICIAL USE NAME OF STAFF MEMBER: …………………………………………………………………………………………….…………………..

DATE RECEIVED BY STAFF MEMBER: ………………………………………………………………………………………………….
SIGNATURE OF STAFF MEMBER: ………………………………………………………………………………………………………… 56 APPENDIX IV Principles relating to the Status of National Institutions (The Paris Principles) Adopted by General Assembly resolution 48/134 of 20 December 1993 Competence and responsibilities 1.

A national institution shall be vested with competence to promote and protect human rights.

2.
2.

A national institution shall be given as broad a mandate as possible, which shall be clearly set forth in a constitutional or legislative text, specifying its composition and its sphere of competence.

3.
A national institution shall, inter alia, have the following responsibilities: (a) To submit to the Government, Parliament and any other competent body, on an advisory basis either at the request of the authorities concerned or through the exercise of its power to hear a matter without higher referral, opinions, recommendations, proposals and reports on any matters concerning the promotion and protection of human rights; the national institution may decide to publicize them; these opinions, recommendations, proposals and reports, as well as any prerogative of the national institution, shall relate to the following areas: (i) Any legislative or administrative provisions, as well as provisions relating to judicial organizations, intended to preserve and extend the protection of human rights; in that connection, the national institution shall examine the legislation and administrative provisions in force, as well as bills and proposals, and shall make such recommendations as it deems appropriate in order to ensure that these provisions conform to the fundamental principles of human rights; it shall, if necessary, recommend the adoption of new legislation, the amendment of legislation in force and the adoption or amendment of administrative measures; (ii) Any situation of violation of human rights which it decides to take up; (iii) The preparation of reports on the national situation with regard to human rights in general, and on more specific matters; (iv) Drawing the attention of the Government to situations in any part of the country where human rights are violated and making proposals to it for initiatives to put an end to such situations and, where necessary, expressing an opinion on the positions and reactions of the Government; (b) To promote and ensure the harmonization of national legislation, regulations and practices with the international human rights instruments to which the State is a party, and their effective implementation; (c) To encourage ratification of the above-mentioned instruments or accession
 to those instruments, and to ensure their implementation; (d) To contribute to the reports which States are required to submit to United Nations bodies and committees, and to regional institutions, pursuant to their treaty obligations and, where necessary, to express an opinion on the subject, with due respect for their independence; (e) To cooperate with the United Nations and any other orgnization in the United Nations system, the regional institutions and the national institutions of other countries that are competent in the areas of the protection and promotion of human rights; (f) To assist in the formulation of programmes for the teaching of, and research into, human rights and to take part in their execution in schools, universities and professional circles; (g) To publicize human rights and efforts to combat all forms of discrimination, in particular racial discrimination, by increasing public awareness, especially through information and education and by making use of all press organs.
Composition and guarantees of independence and pluralism 1.
The composition of the national institution and the appointment of its members, whether by means of an election or otherwise, shall be established in accordance with a procedure which affords all necessary guarantees to ensure the pluralist representation of the social forces (of civilian society) involved in the protection and promotion of human rights, particularly by powers which will enable effective cooperation to be established with, or through the presence of, representatives of: (a) Non-governmental organizations responsible for human rights and efforts to combat racial discrimination, trade unions, concerned social and professional organizations, for example, associations of lawyers, doctors, journalists and eminent scientists; (b) Trends in philosophical or religious thought; (c) Universities and qualified experts; (d) Parliament; (e) Government departments (if these are included, their representatives should participate in the deliberations only in an advisory capacity).
2.

The national institution shall have an infrastructure which is suited to the smooth conduct of its activities, in particular adequate funding.

The purpose of this funding should be to enable it to have its own staff and premises, in order to be independent of the Government and not be subject to financial control which might affect its independence.

3.
3.

In order to ensure a stable mandate for the members of the national institution, without which there can be no real independence, their appointment shall be effected by an official act which shall establish the specific duration of the mandate.

This mandate may be renewable, provided that the pluralism of the institution's membership is ensured.
Methods of operation Within the framework of its operation, the national institution shall: (a) Freely consider any questions falling within its competence, whether they are submitted by the Government or taken up by it without referral to a higher authority, on the proposal of its members or of any petitioner, (b) Hear any person and obtain any information and any documents necessary for assessing situations falling within its competence; (c) Address public opinion directly or through any press organ, particularly in order to publicize its opinions and recommendations; (d) Meet on a regular basis and whenever necessary in the presence of all its members after they have been duly concerned; (e) Establish working groups from among its members as necessary, and set up local or regional sections to assist it in discharging its functions; (f) Maintain consultation with the other bodies, whether jurisdictional or otherwise, responsible for the promotion and protection of human rights (in particular, ombudsmen, mediators and similar institutions); (g) In view of the fundamental role played by the non-governmental organizations in expanding the work of the national institutions, develop relations with the non-governmental organizations devoted to promoting and protecting human rights, to economic and social development, to combating racism, to protecting particularly vulnerable groups (especially children, migrant workers, refugees, physically and mentally disabled persons) or to specialized areas.
Additional principles concerning the status of commissions with quasi-jurisdictional competence A national institution may be authorized to hear and consider complaints and petitions concerning individual situations.

Cases may be brought before it by individuals, their representatives, third parties, non-governmental organizations, associations of trade unions or any other representative organizations.
In such circumstances, and without prejudice to the principles stated above concerning the other powers of the commissions, the functions entrusted to them may be based on the following principles: (a) Seeking an amicable settlement through conciliation or, within the limits prescribed by the law, through binding decisions or, where necessary, on the basis of confidentiality; (b) Informing the party who filed the petition of his rights, in particular the remedies available to him, and promoting his access to them; (c) Hearing any complaints or petitions or transmitting them to any other competent authority within the limits prescribed by the law; (d) Making recommendations to the competent authorities, especially by proposing amendments or reforms of the laws, regulations and administrative practices, especially if they have created the difficulties encountered by the persons filing the petitions in order to assert their rights.
APPENDIX III Seychelles Charter of Fundamental Rights and Freedoms CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [21st June, 1993] Right to life 15.

(1) Everyone has a right to life and no one shall be deprived of life intentionally.

(2) A law shall not provide for a sentence of death to be imposed by any court.
(3) Clause (1) is not infringed if there is a loss of life- (a) by any act or omission which is made not punishable by any law reasonably justifiable in a democratic society; or (b) as a result of a lawful act of war.

Right to dignity 16.

Every person has a right to be treated with dignity worthy of a human being and not to be subjected to torture, cruel, inhuman or degrading treatment or punishment.

Freedom from slavery and forced or compulsory labour 17.
(1) Every person has a right not to be held in slavery or bondage.

(2) Every person has a right not to be compelled to perform forced or compulsory labour.

(3) Labour forced or compelled to be performed pursuant to a law necessary in a democratic society does not infringe clause (2).

Right to liberty 18.

(1) Every person has a right to liberty and security of the person.
(2) The restriction, in accordance with fair procedures established by law, of the right under clause (1) in the following cases shall not be treated as an infringement of clause (1)- (a) the arrest or detention in execution of a sentence or other lawful order of a court; (b) the arrest or detention on reasonable suspicion of having committed or of being about to commit an offence for the purposes of investigation or preventing the commission of the offence and of producing, if necessary, the offender before a competent court; (c) the arrest or detention to prevent the spread of infectious or contagious diseases which constitute a serious threat to public health; (d) the arrest or detention for the treatment and rehabilitation of a person who is, or reasonably suspected to be, of unsound mind or addicted to drugs to prevent harm to that person or to the community; (e) the arrest or detention for the purpose of preventing the unauthorised entry into Seychelles of a person, not being a citizen of Seychelles, or for the purpose of deportation or extradition of that person; (f) the detention for the rehabilitation and welfare of a minor with the consent of the parent or guardian or of the Attorney General where such detention is ordered by a competent court.
(3) A person who is arrested or detained has a right to be informed at the time of the arrest or detention or as soon as is reasonably practicable thereafter in, as far as is practicable, a language that the person understands of the reason for the arrest or detention, a right to remain silent, a right to be defended by a legal practitioner of the person’s choice and, in the case of a minor, a right to communicate with the parent or guardian.
(4) A person who is arrested or detained shall be informed at the time of the arrest or detention or as soon as is reasonably practicable thereafter of the rights under clause (3).
(5) A person who is arrested or detained, if not released, shall be produced before a court within twenty-four hours of the arrest or detention or, having regard to the distance from the place of arrest or detention to the nearest court or the non-availability of a judge or magistrate, or force majeure, as soon as is reasonably practicable after the arrest or detention.

(6) A person charged with an offence has a right to be tried within a reasonable time.
(7) A person who is produced before a court shall be released, either unconditionally or upon reasonable conditions, for appearance at a later date for trial or for proceedings preliminary to a trial except where the court, having regard to the following circumstances, determines otherwise- (a) where the court is a magistrates’ court, the offence is one of treason or murder; (b) the seriousness of the offence; (c) there are substantial grounds for believing that the suspect will fail to appear for the trial or will interfere with the witnesses or will otherwise obstruct the course of justice or will commit an offence while on release; (d) there is a necessity to keep the suspect in custody for the suspect’s protection or where the suspect is a minor, for the minor’s own welfare; (e) the suspect is serving a custodial sentence; (f) the suspect has been arrested pursuant to a previous breach of the conditions of release for the same offence.
(8) A person who is detained has the right to take proceedings before the Supreme Court in order that the Court may decide on the lawfulness of the detention and order the release of the person if the detention is not lawful.

(9) Proceedings under clause (8) shall be dealt with as a matter of urgency by the Supreme Court and shall take priority over the proceedings of the Court listed for hearing on that day.
(10) A person who has been unlawfully arrested or detained has a right to receive compensation from the person who unlawfully arrested or detained that person or from any other person or authority, including the State, on whose behalf or in the course of whose employment the unlawful arrest or detention was made or from both of them.
(11) A person who has not been convicted of an offence, if kept or confined in a prison or place of detention, shall not be treated as a convicted person and shall be kept away from any convicted person.

(12) An offender or a suspect who is a minor and who is kept in lawful custody or detention shall be kept separately from any adult offender or suspect.

(13) A female offender or suspect who is kept in lawful custody or detention shall be kept separately from any male offender or suspect.
(14) Where a person is convicted of any offence, any period which the person has spent in custody in respect of the offence shall be taken into account by the court in imposing any sentence of imprisonment for the offence.

(15) A person shall not be imprisoned merely on the ground of the inability to fulfil a contractual obligation.

(16) Clause (15) shall not limit the powers of a court under any law in enforcing its orders.

Right to a fair and public hearing 19.


(1) Every person charged with an offence has the right, unless the charge is withdrawn, to a fair hearing within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with an offence- (a) is innocent until the person is proved or has pleaded guilty; (b) shall be informed at the time the person is charged or as soon as is reasonably practicable, in, as far as is practicable, a language that the person understands and in detail, of the nature of the offence; (c) shall be given adequate time and facilities to prepare a defence to the charge; (d) has a right to be defended before the court in person, or, at the person’s own expense by a legal practitioner of the person’s own choice, or, where a law so provides, by a legal practitioner provided at public expense; (e) has a right to examine, in person or by a legal practitioner, the witnesses called by the prosecution before any court, and to obtain the attendance and carry out the examination of witnesses to testify on the person’s behalf before the court on the same conditions as those applying to witnesses called by the prosecution; (f) shall, as far as is practicable, have without payment the assistance of an interpreter if the person cannot understand the language used at the trial of the charge; (g) shall not be compelled to testify at the trial or confess guilt; (h) shall not have any adverse inference drawn from the exercise of the right to silence either during the course of the investigation or at the trial; and (i) shall, except with the person’s own consent, not be tried in the person’s absence unless the person’s conduct renders the continuance of the proceedings in the person’s presence impracticable and the court has ordered the person to be removed and the trial to proceed in the person’s absence.
(3) When a person is tried for any offence that person or any other person authorised by that person in that behalf shall, if either of them so requires and subject to payment of such reasonable fee as may be specified by or under any law, be given as soon as is practicable after judgment a copy for the use of that person of any record of the proceedings made by or on behalf of the court.
(4) Except for the offence of genocide or an offence against humanity, a person shall not be held to be guilty of an offence on account of any act or omission that did not, at the time it took place, constitute an offence, and a penalty shall not be imposed for any offence that is more severe in degree or description than the maximum penalty that might have been imposed for the offence at the time when it was committed.
(5) A person who shows that the person has been tried by a competent court for an offence and either convicted or acquitted shall not be tried again for that offence or for any other offence of which the person could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
(6) A person shall not be tried for an offence if the person shows that the person has been pardoned for that offence in accordance with an Act made pursuant to article 60(2).
(7) Any court or other authority required or empowered by law to determine the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial, and where proceedings for such a determination are instituted by any person before such a court or other authority the case shall be given a fair hearing within a reasonable time.
(8) Subject to clause (9), all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any court or other authority, including the announcement of the decision of the court or other authority, shall be held in public.
(9) Anything in clause (8) shall not prevent the court or other authority from excluding from the proceedings, except for the announcement of the decision of the court or other authority, persons other than the parties thereto, their legal representatives and legal practitioners to such extent as the court or other authority- (a) may by law be empowered so to do and may consider necessary in the circumstances where publicity would prejudice the interests of justice, or in interlocutory proceedings, or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the privacy of persons concerned in the proceedings; or (b) may by law be empowered or required to do so in the interests of defence, public safety or public order.
(10) Anything contained in or done under the authority of any law necessary in a democratic society shall not be held to be inconsistent with or in contravention of - (a) clause (1), (2)(e) or (8), to the extent that the law in question makes necessary provision relating to the grounds of privilege or public policy on which evidence shall not be disclosed or witnesses are not competent or cannot be compelled to give evidence in any proceedings; (b) clause (2)(a), to the extent that the law in question imposes upon any person charged with an offence the burden of proving particular facts or declares that the proof of certain facts shall be prima facie proof of the offence or of any element thereof; (c) clause (2)(e), to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; (d) clause (5), to the extent that the law in question authorises a court to try a member of a disciplinary force for an offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting the member shall in sentencing the person to any punishment take into account any punishment awarded the member under that disciplinary law.
(11) Every person convicted of an offence shall be entitled to appeal in accordance with law against the conviction, sentence and any order made on the conviction.

(12) For the purposes of clause 2(i), a person who has, in accordance with law, been served with a summons or other process requiring the person to appear at the time and place appointed for the trial and who does not so appear shall be deemed to have consented to the trial taking place in the person’s absence.
(13) Every person convicted of an offence and who has suffered punishment as a result of the conviction shall, if it is subsequently shown that there has been a serious miscarriage of justice, be entitled to be compensated by the State according to law.

Right to privacy 20.


(1) Every person has a right not to be subjected - (a) without the consent of that person, to the search of the person or property or premises of that person or to the unlawful entry by others on the premises of that person; (b) without the consent of the person or an order of the Supreme Court, to the interception of the correspondence or other means of communication of that person either written, oral or through any medium.
(2) Anything contained in or done under the authority of any law shall not be held to be inconsistent with or in contravention of clause (1)(a) to the extent that the law in question makes provision- (a) that is reasonably required in the interest of defence, public safety, public order, public morality, public health, the administration of Government, town and country planning, nature conservation and the economic development and well-being of the country; (b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; (c) that authorises an officer or agent of the Government or a local authority, or a body corporate established by law for public purposes, to enter on the premises of any person in order to inspect or value those premises or anything therein for the purpose of any tax, rate, due or duty or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government or that authority or body corporate, as the case may be; or (d) that authorises, for the purpose of enforcing of the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or the entry upon any premises by such order.
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be necessary in a democratic society.

Freedom of conscience 21.


(1) Every person has a right to freedom of conscience and for the purpose of this article this right includes freedom of thought and religion, freedom to change religion or belief and freedom either alone or in community with others and both in public and in private, to manifest and propagate the religion or belief in worship, teaching, practice and observance.
(2) The freedom to manifest and propagate a religion or belief may be subject to such limitations as may be prescribed by a law and necessary in a democratic society- (a) in the interests of defence, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights or freedoms of other persons.
(3) A person attending any place of education shall not be compelled to impart or receive religious instruction or to take part in or attend any religious ceremony or observance.

(4) Subject to this Constitution or any other law, a person shall not be compelled to take any oath that is contrary to the religion or belief of that person or to take any oath in a manner that is contrary to that religion or belief.

(5) A person shall not be required to profess any religion as a qualification for public office.
(6) A law shall not make provision for the establishment of any religion or the imposition of any religious observance.

(7) Anything in this article shall not preclude any religious community or denomination from providing religious instruction for persons of that community or denomination in the course of any education provided by that community or denomination.

Freedom of expression 22.


(1) Every person has a right to freedom of expression and for the purpose of this article this right includes the freedom to hold opinions and to seek, receive and impart ideas and information without interference.
(2) The right under clause (1) may be subject to such restrictions as may be prescribed by a law and necessary in a democratic society- (a) in the interest of defence, public safety, public order, public morality or public health; (b) for protecting the reputation, rights and freedoms or private lives of persons; (c) for preventing the disclosure of information received in confidence; (d) for maintaining the authority and independence of the courts or the National Assembly; (e) for regulating the technical administration, technical operation, or general efficiency of telephones, telegraphy, posts, wireless broadcasting, television, or other means of communication or regulating public exhibitions or public entertainment; or (f) for the imposition of restrictions upon public officers.
Right of assembly and association 23.

(1) Every person has a right to freedom of peaceful assembly and association and for the purpose of this article this right includes the right to assemble freely and associate with other persons and in particular to form or to belong to political parties, trade unions or other associations for the protection of the interests of that person and not to be compelled to belong to any association.
(2) The right under clause (1) may be subject to such restrictions as may be prescribed by a law and necessary in a democratic society- (a) in the interests of defence, public safety, public order, public morality or public health; (b) in respect of the registration of associations or political parties; (c) for the protection of the rights and freedoms of other persons, (d) for imposition of restrictions- (i) on persons who are not citizens of Seychelles; or (ii) on public officers or members of the disciplinary forces.
Right to participate in Government 24.
(1) Subject to this Constitution, every citizen of Seychelles who has attained the age of eighteen years has a right- (a) to take part in the conduct of public affairs either directly or through freely chosen representatives; (b) to be registered as a voter for the purpose of and to vote by secret ballot at public elections which shall be by universal and equal suffrage; (c) to be elected to public office; and (d) to participate, on general terms of equality, in public service.
(2) The exercise of the rights under clause (1) may be regulated by a law necessary in a democratic society.

Freedom of movement 25.

(1) Every person lawfully present in Seychelles has a right of freedom of movement and for the purpose of this article this right includes the right to move freely within Seychelles, the right to reside in any part of Seychelles, the right to leave Seychelles and the right not to be expelled from Seychelles.
(2) Every person who is a citizen of Seychelles has a right to enter Seychelles and, subject to clause (3)(d), not to be expelled from Seychelles.
(3) The right under clause (1) may be subject to such restrictions as are prescribed by a law necessary in a democratic society - (a) in the interests of defence, public safety, public order, public morality or public health; (b) for protecting the rights and freedoms of other persons; (c) for the prevention of a crime or compliance with an order of a court; (d) for extradition of persons from Seychelles; or (e) for lawful removal of persons who are not citizens of Seychelles from Seychelles.
(4) A law providing for the extradition of persons from Seychelles shall not authorise the extradition to a country in respect of an offence punishable with death in that country unless that country undertakes not to carry into effect a sentence of death in respect of the offence.
(5) A law providing for the lawful removal from Seychelles of persons lawfully present in Seychelles shall provide for the submission, prior to removal, of the reasons for the removal and for review by a competent authority of the order of removal.

Right to property 26.

(1) Every person has a right to property and for the purpose of this article this right includes the right to acquire, own, peacefully enjoy and dispose of property either individually or in association with others.
(2) The exercise of the right under clause (1) may be subject to such limitations as may be prescribed by law and necessary in a democratic society- (a) in the public interest; (b) for the enforcement of an order or judgment of a court in civil or criminal proceedings; (c) in satisfaction of any penalty, tax, rate, duty or due; (d) in the case of property reasonably suspected of being acquired by the proceeds of drug trafficking or serious crime; (e) in respect of animals found trespassing or straying; (f) in consequence of a law with respect to limitation of actions or acquisitive prescription; (g) with respect to property of citizens of a country at war with Seychelles; (h) with regard to the administration of the property of persons adjudged bankrupt or of persons who have died or of persons under legal incapacity; or (i) for vesting in the Republic of the ownership of underground water or unextracted oil or minerals of any kind or description.
(3) A law shall not provide for the compulsory acquisition or taking of possession of any property by the State unless- (a) reasonable notice of the intention to compulsorily acquire or take possession of the property and of the purpose of the intended acquisition or taking of possession are given to persons having an interest or right over the property; (b) the compulsory acquisition or taking of possession is necessary in the public interest for the development or utilisation of the property to promote public welfare or benefit or for public defence, safety, order, morality or health or for town and country planning; (c) there is reasonable justification for causing any hardship that may result to any person who has an interest in or over the property; (d) the State pays prompt and full compensation for the property; (e) any person who has an interest or right over the property has a right of access to the Supreme Court whether direct or on appeal from any other authority for the determination of the interest or right, the legality of the acquisition or taking of possession of the property, the amount of compensation payable to the person and for the purpose of obtaining prompt payment of compensation.
(4) Where the property acquired by the State under this article is not used, within a reasonable time, for the purpose for which it was acquired, the State shall give, to the person who owned it immediately before the acquisition of the property, an option to buy the property.

(5) A law imposing any restriction on the acquisition or disposal of property by a person who is not a citizen of Seychelles shall not be held to be inconsistent with clause (1).

Right to equal protection of the law 27.


(1) Every person has a right to equal protection of the law including the enjoyment of the rights and freedoms set out in this Charter without discrimination on any ground except as is necessary in a democratic society.

(2) Clause (1) shall not preclude any law, programme or activity which has as its object the amelioration of the conditions of disadvantaged persons or groups.

Right of access to official information 28.


(1) The State recognises the right of access of every person to information relating to that person and held by a public authority which is performing a governmental function and the right to have the information rectified or otherwise amended, if inaccurate.
(2) The right of access to information contained in clause (1) shall be subject to such limitations and procedures as may be prescribed by law and are necessary in a democratic society including- (a) for the protection of national security; (b) for the prevention and detection of crime and the enforcement of law; (c) for the compliance with an order of a court or in accordance with a legal privilege; (d) for the protection of the privacy or rights or freedoms of others; (3) The State undertakes to take appropriate measures to ensure that information collected in respect of any person for a particular purpose is used only for that purpose except where a law necessary in a democratic society or an order of a court authorises otherwise.
(4) The State recognises the right of access by the public to information held by a public authority performing a governmental function subject to limitations contained in clause (2) and any law necessary in a democratic society.

Right to health care 29.


(1) The State recognises the right of every citizen to protection of health and to the enjoyment of the attainable standard of physical and mental health and with a view to ensuring the effective exercise of this right the State undertakes - (a) to take steps to provide for free primary health care in State institutions for all its citizens.
(b) to take appropriate measures to prevent, treat and control epidemic, endemic and other diseases; (c) to take steps to reduce infant mortality and promote the healthy development of the child; (d) to promote individual responsibility in health matters; (e) to allow, subject to such supervision and conditions as are necessary in a democratic society, for the establishment of private medical services.

Right of working mothers 30.


The State recognises the unique status and natural maternal functions of women in society and undertakes as a result to take appropriate measures to ensure that a working mother is afforded special protection with regard to paid leave and her conditions at work during such reasonable period as provided by law before and after childbirth.

Right of minors 31.
The State recognises the right of children and young persons to special protection in view of their immaturity and vulnerability and to ensure effective exercise of this right the State undertakes - (a) to provide that the minimum age of admission to employment shall be fifteen years, subject to exceptions for children who are employed part-time in light work prescribed by law without harm to their health, morals or education; (b) to provide for a higher minimum age of admission to employment with respect to occupations prescribed by law which the State regards as dangerous, unhealthy or likely to impair the normal development of a child or young person; (c) to ensure special protection against social and economic exploitation and physical and moral dangers to which children and young persons are exposed; (d) to ensure, save in exceptional and judicially recognised circumstances, that a child of young age is not separated from his parents.
Protection of families 32.

(1) The State recognises that the family is the natural and fundamental element of society and the right of everyone to form a family and undertakes to promote the legal, economic and social protection of the family.

(2) The right contained in clause (1) may be subject to such restrictions as may be prescribed by law and necessary in a democratic society including the prevention of marriage between persons of the same sex or persons within certain family degrees.
Right to Education 33.
The State recognises the right of every citizen to education and with a view to ensuring the effective realisation of this right undertakes - (a) to provide compulsory education, which shall be free in State schools, for such minimum period, which shall not be less than ten years, as may be prescribed by law; (b) to ensure that the educational programs in all schools are aimed at the complete development of the person; (c) to afford, on the basis of intellectual capability, every citizen equal access to educational opportunities and facilities beyond the period of compulsory education; (d) to allow, subject to such reasonable restrictions, supervision and conditions as are necessary in a democratic society, any person, organisation or institution to establish and maintain a private school; (e) to respect the right of parents to choose whether to send their children to a State or private school.
Right to shelter 34.

The State recognises the right of every citizen to adequate and decent shelter conducive to health and well-being and undertakes either directly or through or with the co-operation of public or private organisations to facilitate the effective realisation of this right.

Right to work 35.
The State recognises the right of every citizen to work and to just and favourable conditions of work and with a view to ensuring the effective exercise of these rights the State undertakes- (a) to take necessary measures to achieve and maintain a high and stable level of employment, as is practicable, with a view to attaining full employment; (b) subject to such restrictions as are necessary in a democratic society, to protect effectively the right of a citizen to earn a dignified living in a freely chosen occupation, profession or trade; (c) to promote vocational guidance and training; (d) to make and enforce statutory provisions for safe, healthy and fair conditions of work, including reasonable rest, leisure, paid holidays, remuneration which guarantees, as a minimum, dignified and decent living conditions for the workers and their families, fair and equal wages for work of equal value without distinction and stability of employment; (c) to promote machinery for voluntary negotiations between employers and workers or their organisations with a view to the regulation of conditions of employment by means of collective agreements; (d) to promote the establishment and use of appropriate machinery for conciliation and voluntary arbitrations for the settlement of labour disputes; (e) subject to such restrictions as are necessary in a democratic society, and necessary for safeguarding public order, for the protection of health or morals and the rights and freedoms of others, to ensure the right of workers to organise trade unions and to guarantee the right to strike.
Right of the aged and the disabled 36.

The State recognises the right of the aged and the disabled to special protection and with a view to ensuring the effective exercise of this right undertakes - (a) to make reasonable provision for improving the quality of life of and for the welfare and maintenance of the aged and disabled; (b) to promote programs specifically aimed at achieving the greatest possible development of the disabled.

Right to social security 37.


The State recognises the right of every citizen to a decent and dignified existence and with a view to ensuring that its citizens are not left unprovided for by reason of incapacity to work or involuntary unemployment undertakes to maintain a system of social security.

Right to safe environment 38.
The State recognises the right of every person to live in and enjoy a clean, healthy and ecologically balanced environment and with a view to ensuring the effective realisation of this right the State undertakes - (a) to take measures to promote the protection, preservation and improvement of the environment (b) to ensure a sustainable socio-economic development of Seychelles by a judicious use and management of the resources of Seychelles; (c) to promote public awareness of the need to protect, preserve and improve the environment.
Right to cultural life and values 39.

(1) The State recognises the right of every person to take part in cultural life and to profess, promote, enjoy and protect the cultural and customary values of the Seychellois people subject to such restrictions as may be provided by law and necessary in a democratic society including- (a) the protection of public order, public morals and public health; (b) the prevention of crime; (c) the protection of the rights and freedoms of other persons.
(2) The State undertakes to take reasonable steps to ensure the preservation of the cultural heritage and values of the Seychellois people.

PART II - FUNDAMENTAL DUTIES Fundamental duties 40.
It shall be the duty of every citizen of Seychelles- (a) to uphold and defend this Constitution and the law; (b) to further the national interest and to foster national unity; (c) to work conscientiously in a chosen profession, occupation or trade; (d) to contribute towards the well-being of the community; (e) to protect, preserve and improve the environment; and (f) generally, to strive towards the fulfilment of the aspirations contained in the Preamble of this Constitution.
Seychelles Human Rights Commission, DreamGate Complex, Ile Du Port, P.O.

BOX 1423. info@seychelleshumanrights.com - www.seychelleshumanrights.com Tel: +248 4 303 220