Seychelles’ second cycle under the Universal Periodic Review |13 February 2016
What is the Universal Periodic Review?
The Universal Periodic Review (UPR) is a unique process whereby United Nations (UN) member States review each other’s human rights performances, under the auspices of the Human Rights Council in Geneva, Switzerland.
The UPR was established by the UN General Assembly in March 2006, with an ultimate goal to improve human rights on the ground through a peer review mechanism that allows for the assessment of human rights records of all UN States on an equal basis. The UPR takes place in cycles of about 4 – 4 ½ years, each cycle covering all UN member States.
What has been Seychelles’ involvement with the UPR?
The UPR provides a forum for UN member States, National Human Rights Institutions (NHRI) and civil society to engage in a constructive dialogue for the improvement of human rights. While identifying areas of challenges and shortcomings, the UPR also provides Seychelles the opportunity to learn from the best practices of other countries in working towards the full realisation of human rights for all.
Seychelles underwent its first cycle under the UPR in May 2011, receiving 77 recommendations from 25 States. In June 2014, Seychelles submitted a voluntary report to the Human Rights Council, updating on the progress made towards the recommendations it had accepted.
On January 25, 2016, Seychelles took part in its second cycle review, where 150 recommendations were received from 60 States.
What is the UPR based on?
Country reviews under the UPR are based on three documents:
- A 20-page National Report prepared by the State under Review which provides updates on the progress made with regards to human rights and the implementation of accepted recommendations under the previous cycle;
- A 10-page report containing information from UN Reports (for example reports of Special Rapporteurs or Human Rights Treaties Bodies) prepared by the Office of the High Commissioner for Human Rights (OHCHR);
- A 10-page summary of information received from stakeholders prepared by the OHCHR. For the second cycle of Seychelles’ UPR, inputs were submitted by the National Human Rights Commission/Ombudsman’s Office, the Citizens Engagement Platform Seychelles, and the Global Initiative to End All Corporal Punishment of Children, a London-based NGO.
Which human rights are addressed under the UPR?
The UPR assesses the extent to which countries respect their human rights obligations set out in:
- The UN Charter;
- The Universal Declaration of Human Rights;
- Human Rights Instruments to which the State under Review is party to;
- Voluntary pledges and commitments made by the State under Review;
- Applicable International Humanitarian Law.
What takes place at the Human Rights Council session in Geneva?
The review at the Human Rights Council is conducted by the UPR working group which consists of the 47 members of the Human Rights Council. However, any UN member State can take part in the review. Each country’s review is facilitated by a group of representatives of three States from the working group, known as “troikas”, who serve as rapporteurs.
The review takes place over three and a half hours in the form of an interactive dialogue, with the State under Review allocated 70 minutes, and all other States allocated a total of 140 minutes.
Depending on the number of States taking part in a session, the 140 minutes are split accordingly, ranging on an average between one to three minutes per country. In their statements, countries can share their views, pose questions, and issue recommendations regarding human rights in the State under Review.
The State under Review can use its 70 minutes to present its National UPR Report and to provide updates on progress made and challenges addressed with regards to human rights, as well as to respond to questions and comments raised by States.
What are recommendations?
Recommendations are suggestions made by UN members States to enhance the human rights protection and promotion measures within the State under Review. On average countries receive between 150 and 200 recommendations, with a clear increase observed over the years in the number of recommendations issued, emanating from the growing interest and engagement of the international community in the UPR mechanism.
Of the 150 recommendations received by Seychelles in its second cycle, it can either accept (in which case a commitment is made towards the implementation of the recommendation) or note (in which case the recommendation will not enjoy the support of the country and no commitment is made towards implementation) each recommendation. If there is a recommendation which has already been fully implemented, Seychelles can also accept the recommendation indicating its fulfillment of the same.
Seychelles could either state its positions on the recommendations at the Adoption of the Draft UPR Working Group Report, which took place a few days after its review in January 2016, or at the 32nd Human Rights Council session in June 2016. Seychelles has opted for the latter option in order to go through necessary consultations with national stakeholders and to obtain approval from the Cabinet of Ministers.
What happens now?
Between now and June 2016, consultation sessions will be held with various stakeholders to discuss the recommendations and the position of the government. Cabinet approval will be sought on which recommendations will be accepted by Seychelles, which will then be conveyed to the Human Rights Council at its 32nd session.
Subsequently, Seychelles will have approximately four years to progressively implement the accepted recommendations, up until the third UPR cycle which should take place in 2020/21 for Seychelles.
Can NGOs and NHRIs take part?
The UPR process provides for the involvement of NGOs, civil society and NHRIs at various stages, including by: taking part in the development of the government’s national report towards the UPR; submitting information to the OHCHR which will form part of the summary of stakeholders report, one of the documents the UPR is based on; lobbying the government as to which recommendations should be accepted by the country; lobbying other States to issue certain recommendations towards the country; and by monitoring the implementation of the UPR recommendations.
The Seychelles delegation to Geneva was led by secretary of state at the Foreign Affairs department, Ambassador Barry Faure. It also comprised Ambassador Selby Pillay, Seychelles’ permanent representative to the UNOG based in Brussels; Michelle Marguerite from the social affairs department; Gayethri Murugaiyan from the foreign affairs department; Irene Sirame from the Attorney General’s Chambers; and Audrina Dine from Seychelles’ mission in Geneva.
Contributed by Gayethri M. Pillay
Foreign Affairs Department
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Recommendations from Seychelles’ second cycle Universal Periodic Review
General
1. Harmonise national legislations, including in particular human rights legislations, with international human rights standards (Philippines).
2. Allocate more resources to its human rights bodies in order to ensure their effective functioning in line with international standards (Turkey).
3. Do whatever is necessary to continue to promote and protect the fundamental freedoms and human rights of all its citizens (Nigeria).
4. Continue and enhance its efforts towards the full implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Convention on the Protection of the Rights of All Migrant Workers and the Members of their Families (Indonesia).
5. Continue to strengthen its social policies in order to provide the greatest possible well-being to its people, especially to the most vulnerable sectors (Bolivarian Republic of Venezuela).
6. Continue to implement policies for development of its people under SDGs (Pakistan).
Ratification/signature of international instruments
7. Ratify all the international instruments on human rights (Iraq).
8. Accede as soon as possible, to the human rights international instruments to which it is not yet a party (Uruguay).
9. Speed up Seychelles’ domestic processes with the view to ratify international human rights treaties (Philippines).
10. Continue efforts with regard to the ratification and implementation of the core human rights treaties to develop further the institutional framework for the implementation of human rights standards contained therein (Slovenia).
11. Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (Portugal).
12. Ratify the International Covenant on Civil and Political Rights (Benin).
13. Ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol (Senegal).
14. Ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Chile), (Montenegro), (Morocco), (Panama), (Portugal), (Turkey).
15. Sign and ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Cabo Verde), (Spain).
16. Intensify its efforts to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Denmark).
17. Accede to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (France).
18. Ratify the Convention on the Rights of the Child (Benin).
19. Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Burundi), (Chile), (Portugal).
20. Ratify the Convention on the Rights of Persons with Disabilities, signed in 2007 (Senegal).
21. Ratify the Optional Protocol to the Convention on the Rights of Persons with Disabilities (Chile).
22. Consider ratifying the Optional Protocol to the Convention on the Rights of Persons with Disabilities (Ghana).
23. Consider ratifying the International Convention for the Protection of All Persons from Enforced Disappearance (Ghana) (Niger).
24. Ratify the International Convention for the Protection of All Persons from Enforced Disappearance (Argentina), (Chile). (Montenegro).
25. Ratify the International Convention for the Protection of All Persons from Enforced Disappearance as soon as possible (Germany).
26. Sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance (Cabo Verde).
27. Speed up the ratification procedure of the International Convention for the Protection of All Persons from Enforced Disappearance (Togo).
28. Accede to the International Convention for the Protection of All Persons from Enforced Disappearance (France).
29. Ratify the Arms Trade Treaty (Burundi).
30. Ratify the Convention relating to the Status of Stateless Persons (Chile).
Domestic violence and gender-based violence
31. Enact legislations to combat domestic violence (Maldives).
32. Fully criminalise domestic violence against women and children, including marital rape and ensure that such acts are tried by Criminal courts as opposed to a family tribunal (Zambia).
33. Pass the Domestic Violence Act and ensure adequate resources and training for officials dealing with gender-based violence (Australia).
34. Ensure the participation of civil society in the drafting of a new law on domestic violence (Italy).
35. Adopt specific legislation and measures under the Human Rights National Plan to help prevent, prosecute and punish domestic violence against women and also to end women’s discrimination within the society (Spain).
36. Continue taking measures to combat gender-based violence and to take further measures to ensure the effective implementation of laws offering protection against this violence (Namibia).
37. Take measures to ensure that existing laws criminalising rape and domestic violence are fully enforced, and cases are fully investigated and prosecuted consistent with these laws (United States of America).
38. Adopt a comprehensive strategy to combat violence against women and a comprehensive law on violence against women that specifically criminalise domestic violence (Turkey).
39. Implement measures to improve enforcement of laws criminalising rape and domestic violence, including by thoroughly investigating and prosecuting all acts of violence against women, and by providing training to law enforcement officials (Canada).
40. Finalise the draft national gender policy and its action plan (Turkey).
41. Finalise the National Gender Policy and its plan of action, so to further promote women’s rights, and create an enabling environment for women (Italy).
42. Take concrete measures to fight domestic violence, to prosecute perpetrators and to protect the victims of such practices, as well as to enhance the effectiveness and the financing of the police’s specialised unit, the “Family Squad” (Brazil).
43. Increase its efforts to safeguard women and children from domestic violence and to protect persons with disabilities (Holy See).
44. Continue efforts in the fight against impunity for domestic violence and develop accommodation facilities and support mechanisms for victims of such violence (France).
45. Ensure prompt access to justice for women victims of all forms of violence, as well as prosecute all acts of violence and punish the perpetrators (Mexico).
Minimum age of criminal responsibility
46. Amend the Criminal Code to raise the age of criminal responsibility in accordance with international standards (Chile).
47. Reform the juvenile justice system, raise the age of criminal responsibility, and safeguard the integrity of minors who are held in detention centres (Mexico).
48. Review the Penal Code so that the age of criminal responsibility is in accordance with relevant international standards (France).
49. Raise the minimum age of criminal responsibility according to the General Observation No. 10 of the committee on the Rights of the Child (Uruguay).
Corporal punishment
50. Expressly prohibit the corporal punishment of children in all settings including the home, penal institutions, schools and day care centres and also take steps to explicitly repeal the right “to administer proper punishment” in the Children’s Act (Ghana).
51. Ensure the explicit inclusion in the national legislation, of the prohibition of all forms of corporal punishment of minors, whether in the home, child care facilities, schools and education centres in general (Uruguay).
Discrimination
52. Undertake necessary steps aimed at adopting a comprehensive strategy that addresses all forms of discrimination (Ukraine).
53. Prohibit discrimination on gender, disability, ethnicity and socioeconomic grounds, and adopt a comprehensive strategy to eliminate all forms of discrimination (Panama).
54. Continue taking measures to increase the participation of women in all social and economic spheres of Seychelles and continue implementing regulations to end all forms of discrimination against them (Pakistan).
55. Continue to fight against all forms of discrimination affecting religious minorities (Angola).
Sexual orientation/ LGBTI
56. Adopt comprehensive anti-discrimination legislation, including on the basis of sexual orientation and gender identity (Netherlands).
57. Reinforce the relevant legal framework in order to contrast discrimination on the basis of sexual orientation (Italy).
58. Implement its commitment to repeal Section 151 of the Penal Code to decriminalise same sex relationships (United Kingdom of Great Britain and Northern Ireland).
59. Repeal laws criminalising consensual, same-sex relationships between adults (Australia).
60. Repeal the provisions criminalising same-sex sexual relations between consenting adults, to respect the principles of equality and non-discrimination among all persons (France).
61. Decriminalise consensual sex relations between adults of the same sex and strengthen legislation punishing all forms of discrimination, including on the grounds of sexual orientation and gender identity (Chile).
62. Expressly prohibit discrimination based on sexual orientation and gender identity, and decriminalise same-sex sexual conduct between consenting adults (Canada).
63. Guarantee that LGBTI persons fully enjoy their human rights, on equal terms, by repealing norms that criminalise and stigmatise them (Argentina).
64. Repeal national provisions that discriminate lesbian, gay, bisexual and transgender persons and decriminalise consensual sexual relations between adults of the same gender (Germany).
Freedom of assembly, expression and press
65. Amend the Public Order Act to allow for freedom of assembly and remove restrictions on freedom of the press by relaxing libel laws that could impede journalists (Australia).
66. Amend the Civil Code regarding defamation to be in line with international standards on the right to freedoms of expression and opinion (Botswana).
67. Review its legislation in order to protect and promote the right to freedom of opinion and expression, including on the internet, also providing protection to journalists against harassment by police and other authorities (Brazil).
68. Issue a law on freedom of the press (Iraq).
69. Enforce Seychelles’ international human rights obligations and constitutional guarantees regarding the rights to freedom of religion, association and expression (United States of America).
70. Continue efforts to fully ensure respect for fundamental freedoms, especially the freedom of assembly and the freedom of association as well as the freedom of the press (France).
Seychelles’ national action plan on human rights
71. Speed up the process to formulate a five-year National Action Plan on Human Rights and implement it at an earlier time (China).
72. Finalise the ongoing five-year National Action Plan on Human Rights and put in place the necessary mechanisms for its implementation (Ethiopia).
Rights of the child
73. Continue to enact specific legislation to implement the Convention on the Rights of the Child (Pakistan).
74. Amend laws that could contradict the Convention on the Rights of the Child (Panama).
75. Introduce a legal ban on various forms of violence against children in all settings (Ukraine).
76. Criminalise the act of exploiting both boys and girls and the incidence of child tourism as well as prosecuting the perpetrators in travel and tourism industry by imposing stiffer punishments on them (Zambia).
77. Develop a comprehensive national strategy to prevent and address all forms of violence against ill-treatment of children (Turkey).
78. Consider establishing a coordination mechanism between stakeholders in charge of children’s rights to optimise child protection (United Arab Emirates).
79. Encourage the participation of children in all the programmes and initiatives concerning them, whenever feasible (United Arab Emirates).
80. Take all necessary measures to protect children from all forms of exploitation (Portugal).
81. Spare no effort in fighting violence against children and drug trafficking of which they are victims (Angola).
82. Intensify the government's efforts with a view to the most effective protection possible against the risk of child sexual abuse (Cabo Verde).
83. Continue pursuing child protection measures (Djibouti).
Drugs
84. Take effective measures to fully implement its national framework plan against drugs for the period 2014 to 2018, in order to reduce the demand for drugs among the most vulnerable category of the population, namely children and young people (Democratic Republic of the Congo).
85. Ensure implementation of the country’s National Drug and Control Master Plan in order to address the high prevalence of drug consumption (South Africa).
National human rights institution
86. Ensure that the National Human Rights Commission is in line with the Paris Principles and that the Ombudsman is fully independent (United Kingdom of Great Britain and Northern Ireland).
87. Provide the National Human Rights Commission with all the necessary resources to make it fully compliant with the Paris Principles (A Status) (Portugal).
88. Accelerate the ongoing exercise to strengthen the National Human Rights Commission and to make it fully compliant with the Paris Principles (Zimbabwe).
89. Devote sufficient resources to the National Human Rights Commission (Algeria).
90. Complete the process of bringing the national human rights institution in compliance with the Paris Principles and allocating it the adequate resources (Cabo Verde).
91. Continue the necessary legal and institutional steps to reform the National Human Rights Commission so that it meets the Paris Principles (Germany).
92. Continue its efforts aimed at strengthening the work of the National Human Rights Commission and establish a central mechanism for human rights education (Libya).
93. Provide all necessary resources, including financial and human resources to the National Human Rights Commission to enhance its activities (Mauritius).
94. Ensure the independence and effectiveness of the National Commission on Human Rights, in particular through the allocation of adequate resources in order to bring it in conformity with the Paris Principles (France).
95. Expedite the review of the effectiveness of the current framework of the office of the National Human Rights Commission and Ombudsman (Ethiopia).
96. Proceed to the separation of the Ombudsman’s Office and the National Human Rights Commission (Democratic Republic of the Congo).
97. Maintain and strengthen the institutional independence of the Ombudsman and the National Human Rights Commission (Mexico).
Civil society
98. Further involve civil society as a partner of the government in promoting and protecting human rights (Indonesia).
Elections
99. Fully investigate alleged elections irregularities and ensure proper due process is followed in all court challenges (United States of America).
Family
100. Further strengthen measures to provide protection and support to the family as the natural and fundamental unit of the society (Egypt).
Trafficking in persons
101. Strengthen legislative, policy and institutional measures to prevent, combat and punish human trafficking; and ensure that victims are identified, aware of their rights, and referred to appropriate services (Canada).
102. Step up national efforts in combatting all forms of human trafficking (Egypt).
103. Ensure the successful implementation of their National Action Plan and Strategic Framework on Trafficking in Persons (Nigeria).
104. Ensure efficient implementation of the Prohibition of Trafficking in Persons Act to combat trafficking in human beings, by collecting data, improving the training of police officers and other law enforcement officials, strengthening mechanisms for investigating the criminal cases of trafficking and prosecuting and punishing traffickers (Slovenia).
Human rights education and training
105. Ensure that human rights education and training address also the rights of the child and women’s rights in a comprehensive and systematic way (Slovenia).
106. The need for police officers to undergo compulsory training in the field of human rights (Zambia).
107. Integrate human rights education and training in the various levels of schooling (Morocco).
108. Maintain as a government priority awareness and education on human rights (Cuba).
109. Continue efforts aiming at enhancing human rights education including training and capacity-building for the public sector (Egypt).
110. Provide adequate resources and training, including to law enforcement officials, to ensure effective institutions that comply with human rights norms and standards (Australia).
Submission of reports under human rights treaties
111. Continue its collaboration with the UN to improve the submission of human rights reports (Jamaica).
112. Expedite the submission of reports to treaty bodies (Chad).
113. Take the necessary measures to submit overdue reports to treaty bodies (Togo).
114. Hand in its initial report to the Committee against Torture as soon as possible (Denmark).
115. Engage actively to implement treaty body recommendations (Slovenia).
Migrant workers and non citizens
116. Take measures to protect the rights of non-citizens and migrant workers, and eliminate discrimination against them in all areas (Mexico).
117. Adopt better measures on discrimination against migrants and non-citizens (Nigeria).
118. Ensure the protection of children of migrant workers from statelessness (Ukraine);
119. Take appropriate measures to facilitate family reunification of migrant workers and members of their families (Ukraine).
Penitentiary system
120. Review its prison conditions in line with the UN Standard Minimum Rules for the Treatment of Prisoners and implement the results of such review before the third cycle of its UPR (Fiji).
121. Prioritise the implementation of a formal education programme for incarcerated men, women and youth; with appropriate support from the private sector and civil society (Jamaica).
122. Continue efforts to reduce pre-trial detention by expanding at the national level, the rehabilitation programme Coetivy (Haiti).
123. Improve the “Phoenix Programme” in order to facilitate the social integration of women upon their release from prison (Haiti).
124. Step up efforts to rehabilitate and re-integrate offenders, including through the introduction of formal education programmes in prisons (Singapore).
125.
Corruption and money laundering
126. Adopt measures to combat corruption, especially in the judiciary and ensure independence of the judiciary (Botswana).
127. Increase efforts to fight against money laundering (Haiti).
Seychelles Media Commission
128. Establish clear processes and procedures for the selection of independent and impartial members of the National Media Commission (Germany).
129. Increase the financial resources and the staff of the National Media Commission so that it can carry out its mandate, promoting and protecting by this way the freedom of the press (Spain).
Labour
130. Organise awareness campaigns for foreign migrant workers about their social and economic rights and ensure that migrant workers enjoy treatment that is not less favourable than that which applies for nationals including through labour inspections in sector where migrant workers are employed (Slovenia).
131. Initiate a national dialogue on a universal basic income (Haiti).
132. Strengthen gender equality particularly for wage remuneration (Algeria).
Health
133. Implement the "National Health Policy" as a way of promoting the right to health (Cuba).
134. Strengthen efforts aimed at improving the national response to the HIV/AIDS epidemic (South Africa).
Education
135. Establish protective measures that would allow young students to re-enter the mainstream education system after childbirth (Djibouti).
136. Put in place protection measures that would allow girls to return to school after giving birth and raise awareness with a view to eliminating the existing prejudices that impede and discourage teenage mothers from returning to school (Netherlands).
137. Continue its efforts in order to place a premium on education, particularly by assuring that there be a sufficient number of properly trained local teachers (Holy See).
138. Increase the inputs in education and give special attention to vocational training, improving quality of its labour force, and guarantee the right to work (China).
139. Renew its focus on technical and vocational training through its proposed Skill Development Programme for the youth (India).
140. Take measures to integrate technical vocational education and training into formal education (Maldives).
141. Continue pursuing initiatives at improving the educational system with a view to further developing technical and vocational education and training (Trinidad and Tobago).
142. Enhance measures to ensure education for all (Namibia).
Persons with disabilities
143. Continue to implement laws and regulations for protection and promotion of rights of people with disabilities (Pakistan).
144. Strengthen efforts to protect the rights of persons with disabilities, including through the provision of adequate infrastructure (South Africa).
145. Adopt tangible actions to assist persons with disabilities, particularly in terms of access to labour market and fight against poverty and social exclusion (Spain).
146. Improve the accessibility of persons with disabilities, particularly children, to education and key services (Trinidad and Tobago).
147. Facilitate the access and integration of children with disabilities in public schools (Djibouti).
148. Provide children with disabilities greater access to facilities as well as to public transportation and public buildings, as recommended by the Committee on the Rights of the Child, and in keeping with the Government existing thrust (Jamaica);
Environment and climate change
149. Continue to strengthen policies and programmes to ensure that all in Seychelles have access to safe water and sanitation (Singapore).
150. Explicitly task the department of Climate Change and Energy to examine the human rights implications of climate change, particularly as it relates to the State’s ability to realise socio-economic rights (Fiji).
151. Continue to raise awareness among the population on the impact of climate change (Haiti).
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“Mauritius commends Seychelles for its commitment to the UPR process, the promotion and protection of the fundamental rights of its citizens and its efforts to fulfill its international human rights obligations. We welcome the positive developments since the last review of Seychelles, namely reforms in the health and the education sectors, advancement of women, improvement of social protection for persons with disabilities, measures to address trafficking in persons and enhancing the credibility of the electoral process.”
Excerpt from the statement of the Republic of Mauritius
“[W]e are concerned that legislation in the area of child rights has not yet been fully aligned with the Convention on the Rights of the Child, and that a comprehensive and systematic approach to gender mainstreaming is still lacking. In this regard we also regret the reports that traditional stereotypes regarding the roles of women and men in the family and in society persist.”
Excerpt from the statement of the Republic of Slovenia
“Canada commends Seychelles for its commitment to the principles of equal opportunity and social justice through targeted social programmes as well as investments in health care and education, and encourages continued efforts in these areas.”
Excerpt from the statement of Canada
“Fiji notes that a new government department entitled ‘Climate Change and Energy’ has been established to give further focus to climate change related issues, and that the government has implemented a number of climate change related projects. It would be important for the Seychelles to make a clear linkage on how consequences of climate change … impact on the rights of Seychelles citizens, such as access to clean and water, on the right to a clean environment.”
Excerpt from the statement of the Republic of Fiji