Seychelles 2023 Human Rights Report
Executive Summary
There were no significant changes in the human rights situation in
Seychelles during the year.
Significant human rights issues included credible reports of extensive
gender-based violence, including domestic or intimate partner violence,
sexual violence, and other forms of such violence.
The government took credible steps to identify and punish officials who may
have committed human rights abuses.
Section 1. Respect for the Integrity of the Person
a. Arbitrary Deprivation of Life and Other Unlawful or
Politically Motivated Killings
There were no reports that the government or its agents committed
arbitrary or unlawful killings, including extrajudicial killings, during the year.
b. Disappearance
There were no reports of disappearances by or on behalf of government
authorities.
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c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment, and Other Related Abuses
The constitution and law prohibited such practices, and there were no
credible reports that government officials employed them.
Prison and Detention Center Conditions
There were no significant reports regarding conditions in prisons or
detention centers that raised human rights concerns.
Administration: Authorities conducted investigations into credible
allegations of mistreatment.
Independent Monitoring: The government permitted independent
monitoring of prison conditions. The Seychelles Human Rights Commission,
several government departments, local and international human rights
groups, the UN Office on Drugs and Crime, and local nongovernmental
organizations (NGOs) visited facilities during the year.
d. Arbitrary Arrest or Detention
The constitution prohibited arbitrary arrest and detention and provided for
the right of any person to challenge the lawfulness of their arrest or
detention in court, and the government generally observed these
requirements.
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Arrest Procedures and Treatment of Detainees
The law required warrants for arrests, except under a law that allowed
police to arrest and detain persons suspected of drug possession, use,
importation, and drug trafficking. Authorities generally respected the
requirement to bring arrested individuals before a magistrate within 24
hours, with allowance made for travel from distant islands. The law
provided for detention without criminal charge for up to 14 days if
authorized by court order. Authorities generally notified detainees of the
charges against them and generally granted family members prompt access
to detainees. Detainees had the right to legal counsel, and indigents
received free legal aid in all cases. Courts allowed bail in most cases, except
for high profile drug, homicide, corruption, and terrorism cases.
Arbitrary Arrest: On September 29, authorities arrested Patrick Herminie,
the leader of the main opposition party, on charges of witchcraft. The arrest
followed the detention of a Tanzanian national, alleged to be a practitioner
of a voodoo-like spiritualism with whom Herminie had interacted. Herminie
was released on bail, but claimed the charges were an attempt to disqualify
him from seeking the presidency in the next election.
Pretrial Detention: Pretrial detention was generally not a problem, and
most detainees were given bail. In certain cases, detainees involved in high-
profile corruption, terrorism, and drug trafficking cases were held in pretrial
detention for more than one year. For example, a prominent couple widely
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viewed as connected to the former ruling party remained in pretrial
detention following their 2021 arrest on charges of money laundering, illegal
weapons possession, and terrorism. Courts upheld the continued detention,
citing concerns the couple could influence witnesses or flee the country.
e. Denial of Fair Public Trial
The constitution and law provided for an independent judiciary, and the
government generally respected judicial independence and impartiality.
Authorities generally respected court orders.
Trial Procedures
Both the constitution and law provided for the right to a fair and public trial,
and the judiciary generally enforced this right.
Political Prisoners and Detainees
There were no reports of political prisoners or detainees.
f. Transnational Repression
Not applicable.
g. Property Seizure and Restitution
The government established the Truth, Reconciliation, and National Unity
Commission (TRNUC) in 2019 to investigate and settle claims of forced land
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acquisitions and human rights abuses stemming from the 1977 military
takeover. The TRNUC completed its mandate in August 2022. In 2021, the
government established a process to return land forcefully acquired or
purchased by the state from 1977 to 1993, and several applicants filed
claims. No applicants were known to have received compensation
payments, and no timeline was given as to when claimants could expect
payment.
h. Arbitrary or Unlawful Interference with Privacy, Family,
Home, or Correspondence
The constitution and law prohibited such actions, and there were no reports
the government failed to respect these prohibitions.
Section 2. Respect for Civil Liberties
a. Freedom of Expression, Including for Members of the
Press and Other Media
The constitution and law provided for freedom of expression, including for
members of the press and other media, and the government generally
respected this right. An independent media, an effective judiciary, and a
functioning democratic political system combined to promote freedom of
expression, including for media members.
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Violence and Harassment: According to the Association of Media
Practitioners of Seychelles, journalists were generally free to do their work
and were not subjected to violence, but some complained of harassment,
intimidation, and harsh criticism by authorities due to their reporting.
Censorship or Content Restrictions for Members of the Press and Other
Media, Including Online Media: The law allowed the information
technology minister to prohibit the broadcast of any material believed to be
against the “national interest” or “objectionable.” The law also required
telecommunication companies to submit subscriber information to the
government. The government banned the newspaper The Seychelles
Independent from attending presidential press events on the grounds of
irresponsible reporting. In its 2022 annual report, the Seychelles
Broadcasting Corporation, the national broadcaster, stated it faced political
pressure from both the government and the opposition to compromise its
impartiality and called on all leaders to show more respect to media.
Internet Freedom
The government did not restrict or disrupt access to the internet or censor
online content.
b. Freedoms of Peaceful Assembly and Association
The constitution and law provided for freedoms of peaceful assembly and
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association, and the government generally respected these rights.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at
https://www.state.gov/religiousfreedomreport/.
d. Freedom of Movement and the Right to Leave the
Country
The law provided for freedom of internal movement, foreign travel,
emigration, and repatriation, and the government generally respected these
rights.
e. Protection of Refugees
The government cooperated with the Office of the UN High Commissioner
for Refugees (UNHCR) and other humanitarian organizations in providing
protection and assistance to refugees, returning refugees, or asylum
seekers, as well as other persons of concern.
Access to Asylum: The law did not provide for the granting of asylum or
refugee status, and the government had no system or procedural safeguards
for providing protection to refugees.
Section 3. Freedom to Participate in the Political
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Process
The constitution provided citizens the ability to choose their government in
free and fair periodic elections held by secret ballot and based on universal
and equal suffrage, although citizens residing overseas were not permitted
to vote.
Elections and Political Participation
Abuses or Irregularities in Recent Elections: National elections, last
conducted in 2020 presidential and legislative polling, were widely reported
to be fair and free of abuses and irregularities.
Section 4. Corruption in Government
The law provided criminal penalties for conviction of corruption by officials,
and the government generally implemented the law effectively. There were
isolated reports of government corruption during the year.
Corruption: The law gave the Anti-Corruption Commission of Seychelles law
enforcement powers, authority, and privileges, and it could investigate and
prosecute cases of corruption outside the purview of the Attorney General’s
Office. Some employees of government agencies that provided public
services were perceived to engage in corrupt practices.
For additional information about corruption in the country, please see the
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Department of State’s Investment Climate Statement for the country, and
the Department of State’s International Narcotics Control Strategy Report,
which includes information on financial crimes.
Section 5. Governmental Posture Towards
International and Nongovernmental Monitoring and
Investigation of Alleged Abuses of Human Rights
A number of domestic and international human rights groups generally
operated without government restriction to monitor or investigate human
rights conditions or cases and publish their findings. Government officials
were often cooperative and responsive to the views of these groups.
Government Human Rights Bodies: The Seychelles Human Rights
Commission conducted a series of educational campaigns to improve the
public’s knowledge and understanding of human rights. The commission
also received and investigated complaints and was generally regarded as
effective.
The TRNUC heard cases of alleged human rights abuses and property
expropriation. The TRNUC also heard cases regarding unlawful killings,
disappearances, forced land acquisitions, and victimization related to the
1977 military takeover. The TRNUC completed its mandate in 2022 and
granted amnesty to four persons involved in multiple killings who expressed
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contrition and asked forgiveness from family members of victims as per
TRNUC guidelines.
Appointed by the president, the ombudsperson could investigate any public
authority up to and including the president, including complaints of abuse of
fundamental rights and allegations of corruption by public officials. The
ombudsperson often complained of lack of cooperation from government
offices during investigations.
A police complaint review panel received and investigated public allegations
of abuse committed by officers.
Section 6. Discrimination and Social Abuses
Women
Rape and Domestic Violence: Rape, spousal rape, and domestic abuse of
women and men were criminal offenses punishable by up to 20 years’
imprisonment. According to NGOs working with women and children,
authorities in general did not prioritize domestic abuse cases and sexual
assault remained a problem. Although there was increased reporting of
sexual assault cases, many survivors did not report rape or sexual assault
due to social stigma and a reluctance to start lengthy court cases. Police
received increased training in handling sexual assault cases.
Domestic violence against women was a widespread problem. The Social
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Affairs Division of the Ministry of Employment and Social Affairs, the
Ministry of Youth, Sports, and Family, and NGOs provided counseling
services to survivors of domestic violence and conducted gender-based
violence training sessions.
Other Forms of Gender-based Violence and Harassment: Sexual
harassment in the workplace, particularly in tourism establishments, was a
problem.
Discrimination: The law provided the same legal status and rights for
women as for men, including under family, religious, personal status, and
nationality laws, as well as laws related to labor, property, inheritance,
employment, access to credit, and owning or managing businesses or
property. These laws were generally respected and enforced effectively.
There were no known reports of women experiencing discrimination in
marriage, divorce, child custody, education, the judicial process, in other
institutions, or in housing. Women were well represented in both the public
and private sectors, and reportedly did not face discrimination based on
marital status.
Reproductive Rights: There were no reports of coerced abortion or
involuntary sterilization on the part of government authorities.
Health clinics and local NGOs operated freely in disseminating information
on family planning under the guidance of the Ministry of Health. There were
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no restrictions on access to contraceptives for persons aged 18 or older, but
the law prohibited access to contraceptives for persons younger than age 18
even though the legal age of consent was 15. The government provided
access to sexual and reproductive health services for survivors of sexual
violence. Emergency contraception was given as part of clinical
management of rape, as was postexposure prophylaxis and antiretroviral
medicine. There were no barriers to treatment for sexual violence survivors
who became pregnant.
Health authorities provided free health services for prenatal care. First-time
mothers from the country’s other islands were required to travel to the
main island of Mahe to give birth. Midwives were used for delivery, unless
the services of a doctor were required due to health concerns involving
either the mother or the child, or a cesarian section was required. Nurses
were responsible for both prenatal and postnatal care unless the mother or
child had health concerns. The Ministry of Heath provided emergency
health care, including services for the management of complications arising
from abortion, both legal and illegal. Abortion remained illegal unless
approved by a medical board.
All health services related to sexual and reproductive health, as well as other
health matters, were free in state-operated facilities. Menstruation did not
impede girls’ access to education. Free sanitary products were made
available in all schools by the state and philanthropists to minimize
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absenteeism in schools. There was a high adolescent birth rate, attributed
to girls being sexually active at a young age as well as contraceptives being
illegal for persons younger than age 18. School aged girls who had given
birth had the option to return to school.
Children
Child Abuse: Although the law prohibited physical abuse of children, NGOs
alleged child abuse was a problem that often went underreported. There
were several laws in place for the protection of children, which the
government enforced effectively when abuse was reported. The strongest
public advocate for young abuse survivors was a semiautonomous agency,
the National Council for Children.
Child, Early, and Forced Marriage: The minimum age for marriage was 18
for both men and women, and the government enforced the law effectively.
Sexual Exploitation of Children: The law prohibited the sale, grooming, or
use of children for commercial sexual exploitation, including sex trafficking.
The law prohibited child pornography and other forms of online child sexual
exploitation and abuse. Authorities enforced these laws but reports of child
sexual abuse and child pornography were widespread. The Department of
Social Affairs reported 119 cases of sexual abuse against children in 2021, a
situation it characterized as alarming. The minimum age for consensual sex
was 15.
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Antisemitism
The Jewish community numbered fewer than 25 persons. There were no
known reports of antisemitic incidents.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at
https://www.state.gov/trafficking-in-persons-report/.
Acts of Violence, Criminalization, and Other Abuses Based
on Sexual Orientation, Gender Identity or Expression, or
Sex Characteristics
Criminalization: There were no laws criminalizing consensual same-sex
sexual conduct between adults or so-called cross dressing. There were no
facially neutral laws enforced disproportionately against lesbian, gay,
bisexual, transgender, queer, or intersex (LGBTQI+) persons, nor used to
criminalize, threaten, or extort LGBTQI+ persons.
Violence and Harassment: There were no known reports during the year of
state or nonstate violence against LGBTQI+ persons, nor reports that
authorities condoned or tolerated violence against LGBTQI+ persons.
Discrimination: The law prohibited discrimination by state and nonstate
actors based on sexual orientation, gender identity, or expression of sex
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characteristics. The law did not recognize same-sex couples or their families
and did not grant them the same rights as heterosexual couples and
families. The country did not recognize same-sex marriages domestically or
registered abroad, which had negative consequences for persons seeking
resident and work permits for same-sex spouses. Adoption by same-sex
couples was illegal.
There were reports of social and employment discrimination against
LGBTQI+ persons, and activists stated discrimination and stigma were
common. LGBTI Sey, an NGO, reported LGBTQI+ persons experienced
government discrimination when applying for public housing and sometimes
during interactions with police and immigration officers.
Availability of Legal Gender Recognition: Legal gender recognition was not
available.
Involuntary or Coercive Medical or Psychological Practices: There were no
reports of such practices. There were no reports of medically unnecessary
and irreversible surgeries performed on children or on nonconsenting adult
intersex persons.
Restrictions of Freedom of Expression, Association, or Peaceful Assembly:
There were no reports of restrictions on freedom of expression, association,
or peaceful assembly for LGBTQI+ persons, nor were there restrictions on
LGBTQI+ organizations to register or convene events. An LGBTQI+ NGO
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actively conducted awareness campaigns during the year.
Persons with Disabilities
According to NGOs, not all persons with disabilities could access education,
public buildings, and transportation on an equal basis with others. The
government provided universal access to health services. Although the
constitution and law provided for special protections for persons with
physical, sensory, intellectual, and mental disabilities, including reasonable
provisions for improving quality of life, no laws addressed access to public
buildings, transportation, or government services, and the government did
not provide such access. Government information and communication on
disability concerns were not provided in accessible formats such as braille or
sign language.
There were no reports of violence or harassment of persons with disabilities
by government officials, police, health officers or teachers, but NGOs
advocated for more compassion, support, and resources for persons with
disabilities by all service providers.
There were no known reports of discrimination in employment and
occupation against persons with disabilities. The government did not have a
program to assist persons with disabilities in finding employment, and very
few such persons were employed. Government inaction to develop the
potential of persons with disabilities, through education or employment,
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limited their participation in civic life. Most children with disabilities were
segregated in specialized schools. The Electoral Commission helped
facilitate the political participation of persons with physical disabilities by
installing temporary ramps at polling stations. There was no provision for
persons with visual disabilities to have braille ballot papers.
Other Societal Violence or Discrimination
Migrant workers faced documented rights abuses including discriminatory
wage practices, abusive working conditions, concentration in hazardous
occupations, and lack of access to information for low-skilled migrant
workers, including domestic workers.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective
Bargaining
The law allowed workers except for police, military, prison, and firefighting
personnel to form and join independent unions and to bargain collectively.
The law conferred discretionary powers to the registrar of associations and
companies to refuse registration of unions. Strikes were illegal unless
arbitration procedures were first exhausted. Legislation required that two-
thirds of union members vote for a strike in a meeting specifically called to
discuss the strike, and provided the government with the right to call for a
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60-day cooling-off period before a strike started. The law empowered the
minister responsible for employment to declare a strike unlawful if its
continuance would endanger “public order or the national economy.”
Anyone convicted of calling an illegal strike could receive a substantial
monetary fine and be imprisoned for up to six months.
The law prohibited antiunion discrimination. It did not specifically state that
foreigners, migrants, or workers in the Seychelles International Trade Zone
(SITZ) had the right to join a union. The government had the right to review
and approve all collective bargaining agreements in the public and private
sectors. The law also imposed compulsory arbitration in all cases where
negotiating parties did not reach an agreement through collective
bargaining. Migrant workers, an estimated 20 percent of the formal sector
workforce, had weaker freedom of association rights because their
employers could easily deport them. Workers in the SITZ, an estimated 10
percent of the workforce, were not protected by the employment law.
The government rarely applied penalties against violators of freedom of
association protections. Cases involving citizens were often subject to
lengthy delays and appeals. Foreign workers who complained about work,
pay, and living conditions were often deported by employers.
The government enforced the law and generally respected workers’ rights to
participate in union activities and collective bargaining. There were no
reports of workers dismissed for union activity. There were no known local
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labor NGOs but the Association of Rights Information and Democracy
tracked labor matters pertaining to migrant workers.
b. Prohibition of Forced or Compulsory Labor
See the Department of State’s annual Trafficking in Persons Report at
https://www.state.gov/trafficking-in-persons-report/.
c. Prohibition of Child Labor and Minimum Age for
Employment
The law prohibited all of the worst forms of child labor. The law set the
minimum age of 15 for employment, subject to exceptions for children who
were employed part-time in light work, without harm to their health or
morals. The law made provision for light work in family-owned businesses.
The law set forth a list of sectors, such as sewage, garbage collection, and
bars in which children younger than age 15 were not allowed to work. A list
of hazardous child labor activities was in force for children younger than age
18. The penalty for employing a child younger than 15 was not
commensurate with those prescribed for analogous abuses. The
government enforced applicable laws, and penalties were regularly applied
against violators.
There were no confirmed reports during the year of the worst forms of child
labor.
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d. Discrimination (see section 6)
e. Acceptable Conditions of Work
Wage and Hour Laws: The government set mandatory minimum wage rates
for employees in both the private and public sectors. The minimum wages
were above the poverty line.
The legal maximum workweek varied from 45 to 55 hours, depending on the
economic sector. Regulations entitled each full-time worker to a one-hour
break per day and permitted overtime up to 60 additional hours per month.
Occupational Safety and Health: The Ministry of Health issued
comprehensive occupational safety and health (OSH) regulations that were
up to date and appropriate for the main industries. The law allowed citizen
workers to remove themselves from dangerous or unhealthy work
situations, to report the employer to the Health and Safety Commission of
the Department of Employment, and to seek compensation without
jeopardizing their employment. The law provided for the protection of
foreign workers, but foreign workers who complained about OSH conditions
were often deported by employers.
Wage, Hour, and OSH Enforcement: The government effectively enforced
minimum wage, overtime, and OSH laws. The penalties were not
commensurate with similar crimes. Penalties were often applied against
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violators. The Department of Employment and the Employment Tribunal
enforced wage, hour, and OSH laws, and the Financial Service Authority
regulated companies operating in the SITZ. There were insufficient labor
inspectors to enforce compliance. The Ministry of Health, the Department
of Employment, and the National Coordinating Committee against
Trafficking in Persons were responsible for visiting and inspecting worksites
and workers’ accommodations. The task force was mandated to make
unannounced inspections. Inspectors had the authority to make
unannounced inspections and initiate sanctions. Resources, inspections,
and remediation were inadequate. Approximately 15 percent of the work
force was in the informal sector. The government did not enforce labor laws
in the informal sector.
Country Reports on Human Rights Practices for 2023
United States Department of State • Bureau of Democracy, Human Rights, and Labor
