Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/SEYCHELL.TXT

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TITLE: SEYCHELLES HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995

                           SEYCHELLES


President France Albert Rene and his Seychelles People's
Progressive Front (SPPF) have governed the Seychelles since a
1977 military coup.  In the 1990's the SPPF guided the return
to a multiparty political system, which culminated in July 1993
in the country's first free and fair presidential and
parliamentary elections since 1977.  President Rene won
reelection, and the SPPF won 27 of the 33 National Assembly
seats, 21 by election and 6 by proportional representation.
Despite the elections, the President and the SPPF continued to
dominate the country through a pervasive system of political
patronage and control over jobs, government contracts, and
resources.

The President has complete control over the security apparatus,
which includes a national guard force, the army, and the
police.  There is also an armed paramilitary Police Mobile Unit
(PMU).  Security forces used excessive force in a number of
instances, although police brutality is not widespread.  The
authorities investigated complaints of police abuse and
punished officers found guilty.

In recent years, the Government accelerated its program to
privatize the economy, imposed deep cuts in domestic spending
to improve its foreign exchange position, and passed laws with
tax cuts and abatements to encourage private businesses to
expand and attract foreign investment.  In addition, the
Government moved to reduce the high dependence on tourism--
approximately 70 percent of hard currency earnings--by
promoting the development of fishing, farming, and small-scale
manufacturing.  Despite these efforts, the public and
quasi-public sectors continued to drive the economy, and the
Government, through the Seychelles Marketing Board, other state
organizations, and the use of banking regulations, continued to
dominate most aspects of the economy.

The human rights situation continued to improve, and the
Government generally respected the rights of its citizens.
However, despite parliamentary formalities, the President
continued to wield power virtually unchecked.  There was one
incident in which police beat and tortured an employee of the
Seychelles Broadcasting Company.  Violence against women and
child abuse remained serious problems.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial
killings.

     b.  Disappearance

There were no reports of disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

The Constitution expressly forbids torture, but there have been
instances of excessive use of force by police.  The authorities
have investigated and punished offenders in the past.  However,
in February police reportedly tortured an employee of the
Seychelles Broadcasting Company (SBC) and detained him without
charge for 14 days.  (He was suspected of involvement in a
break-in at the radio station.)  Police reportedly beat the man
on his face, back, and sexual organs in order to coerce a
confession, but the authorities never formally charged him with
a crime.  The police did not take disciplinary action against
the perpetrators of this abuse, and at year's end the SBC
employee had begun a civil action against the Government for
damages.

Conditions at Police Bay prison are Spartan, but not life-
threatening.  Family members are allowed weekly visits, and
prisoners are given access to reading materials.  There is no
regular system of independent monitoring of prisons.

     d.  Arbitrary Arrest, Detention, or Exile

The Penal Code provides that persons arrested must be brought
before a magistrate within 48 hours.  This provision is applied
in practice to the extent possible (residents of the outer
islands are detained for longer than 48 hours, as the boat trip
to Victoria, where the courthouse is located, can take 3 or
more days from such islands as Assumption and Aldabra).
Detainees have access to legal counsel, and free counsel is
provided for the indigent.  The law provides for judicial
review of the legality of detention, and bail is available for
most offenses.

Other than the case of the SBC employee (see Section 1.c.),
there were no reports of arbitrary arrest or unlawful
detention.  There were no political detainees or cases of
forced exile.  A number of former exiles who returned were able
to reacquire their property.  However, there were some
instances in which the Government rejected valid compensation
claims for confiscated properties of returning exiles,
apparently for political reasons.

     e.  Denial of Fair Public Trial

The judicial system includes magistrate's courts, the Supreme
Court, the Constitutional Court, and the Court of Appeals.
Criminal cases are heard by a magistrate's court or the Supreme
Court, depending on the gravity of the offense.  A jury is used
in cases involving murder or treason.  Trials are public, and
the accused is considered innocent until proven guilty.
Defendants have the right to counsel, to be present at their
trial, to confront witnesses, and to appeal.  The Government
provides free counsel to the indigent, although there are only
a few well-trained Seychellois lawyers.  The Constitutional
Court convenes twice a year to consider constitutional issues
only.

Defendants generally have the right to a fair trial.  However,
the judiciary has been criticized for not prosecuting
senior-level government officials, and there are questions
about the judiciary's independence.  Judges are appointed
through the Constitutional Appointments Authority (CAA) system,
and the President appoints the CAA chairman.  The current
chairman is a staunch SPPF supporter, and the President's
influence extends to judicial appointments.  All judges are
appointed for 5 years and were hired from other Commonwealth
countries; none is Seychellois.  Some observers criticized
expatriate judges for a lack of sensitivity on issues such as
domestic violence.

There were no political prisoners.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The Constitution provides for the right to privacy and freedom
from arbitrary searches.  The law requires a warrant for police
searches, and the authorities generally respected this
requirement in practice.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for freedom of speech and the press,
but it also provides for restrictions on speech "for protecting
the reputation, rights, and freedoms of private lives of
persons" and "in the interest of defense, public safety, public
order, public morality, or public health."  Both freedom of
speech and the press are thus constrained by the ease with
which legal action can be taken to penalize journalists for
alleged libel through civil law suits.  In most instances,
citizens speak freely, including in Parliament, although the
President is rarely criticized.

The Government has a near monopoly on the media, owning the
only television and radio stations, the most important means
for reaching the public, and the only daily newspaper (the
Nation).  The official media adhere closely to the Government's
position on policy issues and give the opposition only limited
coverage.

In 1994 there were four independent weeklies, which in the past
have criticized official policies and the President's closest
advisers.  However, at year's end, the most important
independent weekly, the Regar, had suspended publication due to
a libel action brought by the Deputy Commander of the army
against the newspaper's publisher.  On December 12, the Supreme
Court found the Regar guilty of defamation and awarded the
Deputy Commander damages of $34,879 (SR 173,000).  The
newspaper is appealing the judgment.  Also, a second weekly,
the Independent, shifted to monthly publication in late
December, reportedly due to low circulation and financial
constraints.

Academic freedom is limited.  There are no universities;
secondary school teachers are largely apolitical.  The
Government controls access to the Polytechnic, the most
prestigious learning institution, by requiring all students to
participate in the National Youth Service (NYS), a year-long
program which now emphasizes educational instruction, although
in the past it has stressed paramilitary training and SPPF
ideology.  In September students at the NYS held a series of
demonstrations to protest budgetary cuts.  The demonstrations
escalated into violence, which resulted in extensive property
damage.  In response, the political opposition proposed
legislation in the National Assembly to abolish the NYS.  The
President opposed the legislation, and the measure was defeated.

     b.  Freedom of Peaceful Assembly and Association

The Constitution provides for these freedoms, and in practice
the Government permitted peaceful assembly and association
without interruption or interference.  The police handled
student demonstrations at the NYS camp with professional
restraint.

In addition to the SPPF, there are a number of other political
parties.  The Government regularly granted permits required for
all public gatherings.

     c.  Freedom of Religion

The Constitution provides for freedom of religion, and this
right is respected in practice.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

The Constitution provides for freedom of movement, and there
was no known abridgement of domestic or international travel.
Although it was not used in 1994, the 1991 Passport Act allows
the Government to deny passports to any citizen if the Minister
of Defense finds such denial "in the national interest."  There
were no known requests for asylum in 1994 and no refugees in
the Seychelles.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Citizens freely exercised the right to change their government
in the July 1993 National Assembly and presidential elections,
which were judged by international and national observers to
have been free and fair.  However, President Rene and the SPPF
dominated the electoral process and continued to rule--as they
have since 1977.  The elections served to provide a voice to
other parties.  The main opposition party, the Democratic
Party, is led by Sir James Mancham, the country's first elected
president, who was forced into a 15-year exile in 1977.

The President's SPPF party has utilized its political resources
to develop a nationwide organization that extends to the
village level.  The opposition parties have been unable to
match the SPPF's organization and patronage, in part because of
resource limitations.

There are no legal restrictions against the participation of
women or minority groups in politics.  Women hold 3 ministerial
positions in the 11-person Cabinet and 8 seats in the National
Assembly.  The white minority of Seychelles continues to
dominate governmental institutions, but some Creoles (African
Seychellois) have risen to senior positions of responsibility,
particularly in the military.  Of the six members of the
Defence Forces Council, four are Creole.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

There are no private groups devoted exclusively to
investigating human rights practices.  However, the churches
have been strong voices for human rights and democratization,
and the Government has not interfered with their activities.
There were no known requests by international human rights
groups to visit the Seychelles.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

The Constitution affirms the right to be free from all types of
discrimination, but does not specifically prohibit
discrimination.  In practice, there is no overt discrimination
in housing, employment, education, or other social services
based on race, sex, ethnic, national, or religious
identification.

     Women

Seychelles is a largely matriarchal society, and women have the
same legal, political, economic, and social rights as men.
There is no discrimination in education or employment, and
women are fairly well represented in the political process and
in business.

According to law enforcement sources, violence against women,
particularly wife beating, is common.  Police seldom intervene
in domestic disputes, unless the dispute involves a weapon or
major assault.  The few cases that reach a prosecutor are often
dismissed, or if a case reaches court, a perpetrator is usually
given only a light sentence.  There is a lack of societal
concern about domestic violence, and there are no
nongovernmental groups that address this issue.

     Children

The Constitution provides for the rights of minors but the
Government has failed to address effectively key issues such as
child abuse.

Sexual abuse of young girls, usually in low-income families, is
a serious problem.  While the total dimension of the problem is
not known, Ministry of Health data and press reports indicate
that there are a significant number of rape cases of girls
under the age of 15.  Very few child-abuse cases are actually
prosecuted in court.  The strongest public advocate for young
victims is a semiautonomous agency, the National Council for
Children, not the Government.  The press has also begun to
address the issue, calling for suitable facilities to house
abused children, including foster homes, as well as increased
public awareness of the problem.

     National/Racial/Ethnic Minorities

There is a historical educational gap between Creoles
(Seychellois of African origin) and Seychellois of white or
Asian origin, which has been a factor in the continuing
political and economic domination of Seychelles by whites and
Asians.  Despite a significant Creole majority, the President,
the Health Minister, the Foreign Minister, most principal
secretaries, and almost the entire merchant and financial class
are white or Asian.  The Government is attempting to close this
gap through universal access to public education, but the
formalization and teaching of Creole has made it more difficult
for Creole students to learn English and French at a
competitive level.  Further, the political domination by whites
seems unyielding since the elected leadership of the majority
party, and that of most of the several opposition parties, is
white.

     People with Disabilities

The Government does not discriminate against people with
disabilities in housing, jobs, or education.  However, there is
no legislation providing for access to public buildings,
transportation, or government services.

Section 6  Worker Rights

     a.  The Right of Association

Under the 1993 Trade Union Industrial Act, which took effect in
February, workers have the right to form and join unions of
their own choosing.  Police and fire employees may not
unionize.  Under the Act, the former government-controlled
union, the National Workers Union (NWU), lost its monopoly
position, and during the year, workers formed six new unions,
all registered, organized, and run by former officials of the
NWU.  In addition, in June the Government recognized and
registered the Public Service Union (PSU), with a membership of
236 teachers, airport employees, and police civilian employees,
among others.  The Government refused to recognize another
proposed union, the Seychelles Union of Public Employees
(SUPE), objecting to its goal of organizing all state
employees.

The six new unions formed after the demise of the NWU continue
to be dominated by the Government and the SPPF.  The Trade
Union Industrial Act prohibits retribution against strikers,
but the Government has not enforced the law.  For instance, in
May stevedores formerly employed by the Union Lighterage
Company (ULC) were locked out by the new private owners of the
port facility.  As the new owners reduced the work force, they
refused to honor the workers' claim that under their contract,
they were entitled to 1 hour's pay per each day of work lost
due to the privatization.  The ULC claimed that the workers had
gone on strike and refused them further work or the pay
claimed.  The workers are planning to challenge the decision in
court.

Unions can freely affiliate with international bodies.

     b.  The Right to Organize and Bargain Collectively

The 1993 Trade Union Industrial Act gives workers the legal
right to engage in collective bargaining.  However, in practice
free collective bargaining does not normally take place.  The
Government has the right to review and approve all collective
bargaining agreements in the public and private sectors.  There
is little flexibility in the setting of wages.  In the public
sector, which employs about 70 percent of the labor force, the
Government sets mandatory wage scales for employees.  Wages in
the private sector are generally set by the employer in
individual agreements with the employee, but in the few larger
businesses, wage scales are subject to the Government's right
of review and approval.  Private employers frequently pay more
than the Government in order to attract qualified workers.

The law prohibits antiunion discrimination by employers against
union members.  The Government may intervene to redress such
complaints but has not done so for members of unions that do
not have governmental approval.

The Employment Act of 1985, which remains the basic labor law,
authorizes the Ministry of Employment and Social Affairs to
establish and enforce employment terms, conditions, and
benefits.  Workers have frequently obtained recourse against
their employers through the Ministry.

There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, and it does not
exist.

     d.  Minimum Age for Employment of Children

The minimum age for employment is 15, and children are required
to attend school until the l0th grade or the age of 17,
whichever occurs first.  The Government strongly encourages
children to fulfill a year of National Youth Service before
entering the work force at the age of l6 or the Polytechnic
School for Vocational Training, and it discourages public or
private sector employment of workers under l6 years of age.
The Government offers voluntary short-term (up to 6 months)
work programs for those who leave school and do not participate
in NYS.  Children in these programs receive a training stipend
which is below the minimum wage.  The Government effectively
enforces its child labor laws through regular inspections by
the Ministry of Employment and Social Affairs.

     e.  Acceptable Conditions of Work

Seychelles has a complicated minimum wage scale, which is
administratively regulated by the Government; it covers the
public and state-owned sectors and differentiates among various
job classifications.  The Ministry of Employment and Social
Affairs enforces minimum wage regulations.  The official
minimum wage is about $320 (1,600 Seychelles rupees) a month.
Given the free public services that are available, primarily in
the areas of health and education, a single salary at the low
end of the pay scale provides a family with a decent, if
Spartan, standard of living.

Many families deal with the high cost of living by earning two
or more incomes.  However, due to a labor shortage, the
prevailing wage rates in the private sector are considerably
higher than the legal minimum, and workers have little reason
to accept a lower than minimum wage.  In recent years there has
been a growing trend for the Government to import foreign
workers, primarily from India and Asia, to work in the
construction and industrial fishing sector.  Although it is
difficult to determine the living and working conditions of
these workers, there is strong empirical evidence that the
labor laws are routinely flouted by their employers, with the
Government's knowledge.  These workers are paid lower wages and
forced to work longer hours than Seychellois.

The legal maximum workweek varies from 45 to 52 hours,
depending on the economic sector.  Each full-time worker is
entitled to a half-hour break per day and a minimum of 21 days
of paid annual leave.  Workers are permitted to work overtime
up to 60 additional hours per month.  The Government generally
enforces these ceilings.  As noted above, foreign workers do
not enjoy the same legal protections.

The Government issued comprehensive revised occupational health
and safety regulations in October 1991.  The Ministry of
Employment and Social Affairs is responsible for enforcing
these regulations.  Occupational injuries are most common in
the construction, marine, and port industries.  A worker who
removes himself from a potentially dangerous situation on the
job is considered to have resigned.  Safety and health
inspectors do not visit job sites.  In June two teenagers
working in a large metal storage tank expressed to their
employers fear of some loose metal girders falling on them but
were ignored.  A girder later fell on them, resulting in severe
injuries requiring hospital stays of 2 months.  The parents of
one of the youths has filed suit in court.