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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.
Seychelles - 12th Session - 2011 Scroll to: National Report 9. As a result of over three decades of commitment to and engagement in a people- centered approach to development, Seychelles has achieved most of the MDGs. According to the UNDP 2009 Human Development Report, Seychelles was ranked 57th out of 182 countries in terms of its human development index. The ratio of both universal access to education and school enrolment for boys and girls for primary education approach 100%. Adult literacy rate is 96%. The immunization coverage of children aged 12 to 23 months is 100%. 17. Of particular concern to the Government is the rise in major social ills. The upsurge in illicit drugs (from cannabis to heroin) and alcohol abuses invariably prompts and sustains the downward spiral of domestic violence, prostitution and deprivation not withstanding HIV/Aids, Hepatitis B, Hepatitis C, mental illness, child development disorders, child neglect and abuse, social behavior disorders and family distress. Teenage pregnancies and school underachievement and drop outs, for boys in particular, also represent major social challenges. 27. In order to facilitate access to education there is also a "Zoning Policy" whereby primary school children attend school in their residential district and secondary students attend regional schools. Presently there are 25 Primary schools, 10 Secondary schools, and 3 private schools offering primary and secondary level education. Each state primary school houses at least one creche providing free formal early childhood education. Even though crèche education is not compulsory the attendance at these crèches is more than 98%. This facility enhances the ability to working mothers to enter employment. In addition, there are two Special Schools for children with disabilities on Mahe and Praslin. The recent opening of the school for deaf children on Mahe in 2010 by an association responds to the need to create alternative curriculum to mainstream children with special needs. This is being addressed under the Education Reform Programme 2009-2010 and Beyond. 28. Free public transport is available to children living outside of the 3 km radius from the public school. Free Dental Health services and highly subsidized school meals are provided to children in state schools. To ensure equity in the provision of universal education each school receives a dedicated fund from the Children's Fund to provide children who come from low income families with basic school facilities (Eg, uniforms, school bags, morning meals). As from 2011 all post secondary students regardless of their family income are entitled to a student allowance. 30. The rights and freedoms enshrined in the Constitution under the Seychellois Charter of Fundamental Human Rights and Freedoms (Chapter III, Part I, articles 15 to 39) are: right to dignity, freedom from slavery and forced or compulsive labour, right to liberty, right to fair and public hearing, right to privacy, freedom of conscience, freedom of expression, right of assembly and association, right to participate in Government, freedom of movement, right to property, right to equal protection of the law, right of access to official information, right to health care, right of working mothers, right of minors, protection of families, right to education, right to shelter, right to work, right of the aged and the disabled, right to social security, right to safe environment and right to cultural life and values. This Charter is largely inspired by the Universal Declaration of Human Rights. 42. The Family Tribunal, established under the 1998 Amendment of the Children Act, has the jurisdiction to handle matters relating to domestic violence, child custody and maintenance. In 2000 the Family Tribunal was mandated to deal with all issues related to family violence under the Family Violence (Protection of Victims) Act. The Family Tribunal functions on a full time basis and holds a Secretariat on Praslin. 59. Corporal Punishment is prohibited in schools under the Children Act, 1982. 60. The 1998 Amendment of the Children Act makes provision for the creation of a Family Tribunal to tackle problems of custody, care and maintenance of children because of the rising numbers of single mothers and children born out of wedlock. It allows for a parent to claim maintenance from a defaulting parent for financial support of a child. An amendment to the Act in 2005 makes provision for extended maintenance to be paid to support children between the ages of 18–21 pursuing further studies. A unique feature of both Acts allows for automatic deduction of alimony from the defaulting parent's salary via the employer. The Children (Amendment) Act 2005 states that whenever a court or tribunal determines any question with respect to the upbringing of a child, the child's well being shall be its primary consideration. The amendment also introduced a statutory checklist. The ascertainable wishes and feelings of the children are part of the list of factors which the courts and Tribunals are required to take into consideration. 71. The Seychelles' Social Security Fund is a universal insurance system established under Social Security Act, 1987, to provide a safety net against economic distress that would otherwise be caused by the stoppage or substantial reduction in earnings resulting from sickness, maternity, injury, employment invalidity, old age and death. This Fund covers all contributors residing in Seychelles including foreign employees. The benefits provided under the repealed 1987 Social Security Act have been maintained under the 2010 Social Security Act and are as follows: orphans abandoned child benefit, sickness and maternity benefit, injury disablement and partial disablement benefit, retirement pension, invalidity benefit, survivors benefit, widows pension and funeral benefit. Benefits are adjusted to changes in cost of living on an annual basis. 73. The Social Development Department of Seychelles has the mission to empower individuals and families and reduce dependency, to safeguard and promote the interest and well-being of children, integrate and protect marginalized and vulnerable groups and to adopt an integrated and evidence based approach to development. A number of action plans and strategies targeting the preservation and promotion of the social rights of vulnerable groups have been recently developed under its umbrella. These include the 2008-2012 National Strategy on Domestic Violence, the 2007 National Population Policy for Sustainable Development Plan of Action, the 2010-2011 National Plan of Action for Gender Based Violence, the 2010-2011 National Gender Communication Strategy, the 2010 Plan of Action to tackle prostitution in Seychelles. The activities and programmes of the Social Development Department are also built upon a number of benchmark studies, of which Child wellbeing study aimed at providing a summary measure of trends over time in the quality or wellbeing of Seychelles children and young people and at identifying possible areas of intervention. The Elderly Survey was carried out in 2010 to identify needs-gaps and implement an evidence-based programme. In response to the steep rise in domestic violence cases in Seychelles, the 2008-2012 National Strategy on Domestic Violence was launched with the objectives to reduce the impact of domestic violence notably on children, to reduce the risk of occurrence and to strengthen and integrate multi-stakeholders response mechanisms. 75. Child protection is regarded by the Government of Seychelles as a central priority. The Child Protection Unit was created in 1999 and works in partnership with child protection partners such as the National Council for Children, the Family Squad of the Seychelles Police, social workers at district level, with the aims to protect children from sexual, physical, neglect and emotional abuse, to provide guidance and counseling for abused children and their families, to undertake preventive work and to register children at- risk. Procedures for inter-agency cooperation on protection of child abuse have been outlined under the "Working Together" document drafted in 1997. 76. The National Plan of Action for Children (2005–2009) has been a tangible expression of the Government's commitment to a culturally relative paradigm of "well- being" for all Seychellois children. 77. The National Commission for Child Protection, established under the 2005 amendment of the Children Act, is a coordinating body that brings together all stakeholders in order to propose policies and advice Government on all matters pertaining to child protection. 78. The Social Development Department also carries out counseling with parents and works closely with other organisations through referrals and consultations. The Department refers parents and children to the National Child Council (NCC) for therapy and to the Youth Health Centre for reproductive health counseling. 79. In view of the importance of developing closer links with the community and in order to better reach and respond to the needs of vulnerable groups, including those of children, juveniles and senior citizens, the Social Development Department has been decentralized at district level since 1993. District task forces have also been set up in October 2009 to respond to some of the social concerns raised by citizens during district consultations with the President and his Cabinet. The task forces are composed of representatives of agencies working at district level, i.e. the police, youth worker, community nurse, school counselor and social worker, with the objective to implement concerted action to tackle the problems identified. This approach calls for the community to also join in the efforts to tackle social ills and promote social rights. 80. The Probation Services Section of the Social Development Department counsels victims and perpetrators of family violence, mediates family and neighbour disputes and deals with juvenile cases in consultation with the district social workers. 81. Since the ratification of The Hague Convention on the Protection of Children and Cooperation in Respect of Inter Country Adoption in 2008, work has been carried out to domesticate its provisions. This is being done with the objective of providing a legal framework to regulate inter country adoption and ensure the protection of children during inter country adoption. The Amendment Bill to introduce provisions of the Convention into domestic law has been drafted and is to be submitted to the Cabinet for approval before presentation to the National Assembly. 82. The Government has undertaken numerous measures to ensure that respect for the views of the child especially in matters concerning them is integrated in policy formulation. Extensive surveys such as the National Youth Survey of 1998 and Aspiration 2013 have been carried out in order to gauge the views of children and incorporate them into future plans and policies. 83. The Seychelles National Youth Assembly was officially launched in 2003. The assembly is comprised of members from each district who bring forward concerns raised in forums and debates in their districts to the assembly. The assembly seeks to establish dialogue between youths and policy makers and provide them with a forum to debate concerns and ideas. 84. The Seychelles National Youth Council has developed the 2011 Youth Plan of Action with a view to notably promote entrepreneurial spirit and continuously develop proper mechanisms for the recognition of initiatives, perseverance and pursuit of excellence by the youth. 92. The new Codes of Conduct for Primary and Secondary Schools were launched in June 2010. Both documents placed emphasis on students' rights and responsibilities as well as on parental responsibilities in reminding that cooperation between home and school is essential to each student's success. 2010 also saw the setting-up of a Pastoral Care System which is currently revising the illicit drug policy and teenage pregnancy policy of the Ministry of Education. 102. Seychelles is Party to the eight core international human rights UN Treaties: The International Convention on the Elimination of all Forms of Racial Discrimination (CERD) enforced in 1978; The International Convenant on Civil and Political Rights (ICCPR) enforced in 1992, the first Protocol on individual communications enforced in 1992 and second Protocol on the Abolition of Death Penalty enforced in 1995; The International Convenant on Economic, Social and Cultural Rights (ICESCR) enforced in 1992; The UN Convention on the Rights of the Child (CRC) enforced in 1990 and the Optional Protocol the Involvement of Children in Armed Conflicts enforced in 2010; The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) enforced in 1992 and the Optional Protocol on Individual Communications enforced in 2004; The Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) enforced in 1993; The Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) enforced in 2003; The Convention on the Rights of Persons with Disabilities (CRPD) enforced in 2009. 112. In Seychelles education is free from early childhood to post-secondary level. The Government provides scholarships on a competitive points based system for students to undertake tertiary education in Seychelles and overseas when required. 120. A Creole version of the CRC has been developed by the Social Development Department and the NCC. In 2009 the UNDP office in Seychelles in collaboration with the Ministry of Education translated the Universal Declaration of Human Rights in Creole. This document together with illustrations made by 8–15 years old children was launched on 10th December 2009 on the occasion of the International Human Rights Day. 2. In 2002, CRC encouraged Seychelles to continue its efforts at legislative reform and take all necessary measures to ensure that its domestic legislation in all areas concerning children conforms fully to the principles and provisions of the Convention. 3. CRC recommended that Seychelles ensure that the best interests principle is reflected in all relevant legislation, policies and programmes for children, in particular in the proceedings and decisions of the country's Family Tribunal. 4. CRC also recommended that Seychelles review its legislation with a view to rectifying differences in the minimum age of marriage by raising the age for girls to that for boys; and establish a clear age for compulsory schooling and ensure that it is enforced. 8. In 2002, CRC encouraged Seychelles to pursue its efforts to develop and establish an independent and effective mechanism, provided with adequate human and financial resources and easily accessible to children, and in accordance with the Paris Principles, that would monitor the implementation of the Convention, deal with complaints from children in a child-sensitive and expeditious manner and provide remedies for violations of their rights under the Convention. 10. While recognizing the existing economic difficulties, in 2002, CRC encouraged Seychelles to pay particular attention to the full implementation of article 4 of the Convention by prioritizing budgetary allocations to ensure implementation of the economic, social and cultural rights of children "to the maximum extent of ... available resources". Furthermore, it recommended that Seychelles undertake an evaluation of spending and resources in the public and private sectors, including by NGOs, to assess the cost, accessibility, quality and effectiveness of services for children. 12. In 2002, CRC, aware of the considerable delay in Seychelles's reporting, underlined the importance of reporting. It added that children have the right to have the Committee on the Rights of the Child, as the responsible body, regularly examine the progress made in the implementation of their rights, and that it should have the opportunity to do so. Moreover, it expressed its understanding that Seychelles has had difficulties with timely and regular reporting. 14. CRC was encouraged by Seychelles's efforts, together with the National Council for the Disabled, to combat discrimination against children and adults with disabilities. Nevertheless, it was concerned that children with disabilities have limited access to public facilities and services because the physical environment is not appropriately designed or because staff and programmes have not been designed to ensure integration of children with disabilities. It recommended that Seychelles continue its cooperation with the National Council for the Disabled and other relevant civil society organizations, in particular in: developing and implementing a policy aimed at the full integration of children with disabilities into the mainstream school system and in assessing the extent to which current services and public facilities are accessible and appropriate for the needs of children with disabilities with a view to improving the physical environment, the coordination of service delivery and the capacity of all staff and professionals working for and with children to include children with disabilities in their programmes, thereby facilitating their active participation in society at large. 20. In 2002, CRC noted Seychelles's prohibition of corporal punishment in the home, schools and all other institutions involved in the care or protection of children. It remained, however, concerned that children may still be subjected to violence in the home, schools or institutions. It recommended that Seychelles: carry out public education campaigns about the negative consequences of ill-treatment of children and promote positive, non-violent forms of discipline as an alternative to corporal punishment; provide further training for all professional groups working with or for children, including police and detention officials, on alternative forms of discipline and on how to detect and address signs of ill-treatment in a child-sensitive manner; ensure that child victims of ill-treatment have access to psychological counselling and recovery services and establish a complaints mechanism that is accessible to all children. 21. CRC was concerned at the lack of reliable information on child abuse and neglect in the home and care institutions. It recommended that Seychelles: undertake studies on domestic violence, ill-treatment and abuse, including sexual abuse, within the family in order to assess the extent, scope and nature of these practices; develop awareness-raising campaigns, with the involvement of children, in order to prevent and combat child abuse; ensure that all victims have access to recovery and social reintegration programmes; establish effective procedures and mechanisms to receive, monitor and investigate complaints, including intervening where necessary and investigate effectively cases of domestic violence and ill-treatment and abuse of children, including sexual abuse, through a child-sensitive inquiry and judicial procedure in order to ensure better care and protection of child victims, including the protection of their right to privacy. 22. CCA 2006-2008 raised similar concerns regarding a lack of information on child abuse and indicated that a review of existing laws, policies and mechanisms on child protection was necessary. Similarly, there was a need to train and sensitize all stakeholders, including children, on issues surrounding child abuse. 23. CRC recommended that Seychelles undertake a comprehensive study of child sexual exploitation and prostitution which assesses the magnitude of the problem, proposes possible solutions that address its root causes and evaluates the availability and appropriateness of services for the care and protection, recovery and social reintegration of the victims, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children. 24. In 2002, CRC was concerned that although the minimum age for criminal responsibility is 12 years, prosecution of children between the ages of 8 and 12 is possible under certain conditions. In addition, it was concerned that conditions at the Youth Residential Treatment Centre were very poor, that it had few programmes for rehabilitation or education and that its location limits contact between children and their families. Finally, it was also concerned about the lack of community-based rehabilitation alternatives for juvenile offenders. It recommended that Seychelles take additional steps to reform legislation and the system of juvenile justice in line with the Convention, in particular articles 37, 40 and 39, and other United Nations standards in the field of juvenile justice, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the Vienna Guidelines for Action on Children in the Criminal Justice System. 25. CRC further recommended that Seychelles increase the number of probation officers and community-based alternatives to detention for juvenile offenders; establish a clear minimum age of criminal responsibility at an internationally acceptable level and ensure that children under that age are not held in police custody or other forms of detention; improve the conditions at the Youth Rehabilitation and Treatment Centre and ensure that rehabilitation and education programmes are provided while continuing consideration of the possibilities of relocating the Centre to the main island in order to facilitate contact between children and their families. 26. While acknowledging Seychelles's efforts to destigmatize and streamline judicial proceedings with respect to family issues through the creation of a Family Tribunal, CRC was concerned that the functioning of the Tribunal was not always in conformity with the principles and provisions of the Convention. It recommended that Seychelles ensure that the general principles of the Convention, in particular the best interests principle and respect for the views of the child, are integrated into all proceedings and decisions of the Family Tribunal; improve the professionalism and qualifications of all staff and members of the Family Tribunal through further training which includes the principles and provisions of the Convention and ease the burden on child witnesses and victims by minimizing delays and postponements, ensuring their right to privacy and providing training for staff on how to work with these victims and witnesses in a child-sensitive manner. 28. In 2002, CRC noted with deep concern the spreading phenomenon of family disintegration in Seychelles, including the large number of single-parent families. It recommended that Seychelles continue ongoing efforts at legal reform with regard to parental responsibilities and continue to develop measures for the prevention of family disintegration and the strengthening of family development together with public agencies, civil society organizations and families themselves.46 29. CRC also recommended that Seychelles review its policies on alternative care for children deprived of a family with a view to developing a more integrated and accountable system of care and support by strengthening and expanding the foster care system through improved training of social workers and increased counselling and support for foster families; enhancing coordination between all persons involved in the care of children deprived of a family environment, including police, social workers, foster families and the staff of public and private orphanages and by establishing a set of standards and procedures for all public and private organizations working with these children that encompass the principles of the best interests of the child and respect for the views of the child and that ensure that their placement is periodically reviewed, in accordance with article 25 of the Convention. 30. CRC was concerned that the right of children born out of wedlock to know their biological fathers can be limited, inter alia, owing to the right of the mother not to reveal the name of the father, and that children of divorced or separated parents may not be able to preserve their identity. It recommended that Seychelles review its legislation in order to ensure that all children born out of wedlock have, as far as possible, the legal right to know and maintain contact with both their biological parents, and that all children of divorced or separated parents have the legal right to maintain their identity. 31. In 2002, CRC recommended that Seychelles continue to involve systematically communities and other elements of civil society, including children's associations, throughout all stages of the implementation of the Convention, including the formulation of policies and programmes. 40. CRC was concerned, inter alia, at the lack of mental health professionals and services for children and adolescents throughout Seychelles. It recommended that Seychelles establish specialized mental health services specifically for children and adolescents staffed with specially trained and qualified professionals. 41. CRC recommended that Seychelles: increase its efforts to promote adolescent health, including mental health, by focusing, in particular, on the issues of reproductive health, substance abuse and health education in schools and institutions; consider means of reducing teenage pregnancy, including through strengthened reproductive health education and access to contraception without parental consent for adolescents and ensure the provision of comprehensive health services, counselling and support for pregnant girls. 42. CRC was concerned at the increasing use of marijuana and other illicit substances by children in Seychelles and at the lack of adequate data and treatment programmes specifically for children abusing drugs. 44. CRC was concerned with the limited access to safe drinking water and sanitation on some islands. It recommended that Seychelles enforce existing environmental regulations so as to ensure universal access to safe drinking water and sanitation. 45. CCA 2006-2008 indicated that the quality of education was mixed, with room for improvement. Some 20 per cent of teachers at primary level did not have the required certification for teaching. A centrally planned national curriculum for schools existed since 1978; a system for effective differentiated learning for all had not developed apace. 46. In 2002, CRC recommended that Seychelles: consider creating study groups in schools involving students at higher and lower levels in order to contribute to the improvement of the achievements of students with learning difficulties; undertake a study of the reasons why students drop out of school in order to develop solutions that ensure their continuing educational or vocational training, and further opportunities for employment and integration into society and review the curriculum and teacher training programmes with a view to incorporating human rights education, including children's rights, into the curriculum and implementing more participatory teaching methods. 47. In 2002, CRC noted Seychelles's strong commitment to education and child and maternal health and the significant improvements that have been made in these areas, as well as with respect to health indicators in general. 48. CRC acknowledged that, despite a relatively high standard of living, Seychelles still faces socio-economic conditions which place limitations upon Seychelles's financial and human resources. Stakeholders' information - Unable to access Accepted and Rejected Recommendations The following recommendations were accepted: A - 100.2. Consider, gradually, the ratification of the Optional Protocols to CRC and other instruments (Chile); A - 100.3. Consider the possibility of ratifying the Optional Protocols to ICCPR, CEDAW, CRC, CRPD and CED (Argentina); A - 100.5. Conclude the process of ratifying the Optional Protocol to CEDAW, as well as OP-CRC-AC, and the Optional Protocol to CRPD (Spain); A - 100.6. Conclude the process of ratification of the Optional Protocol to CEDAW and to OP-CRC- SC and consider ratifying the optional protocols to CAT, the International Covenant on Economic, Social and Cultural Rights (CESC) and CED (Ecuador); A - 100.40. Consider developing programmes that work to conclusively eliminate violence against women and children (Maldives); A - 100.41. Adopt and implement measures to protect women and children from domestic violence, sexual exploitation and trafficking in persons (Ecuador); A - 100.44. Strengthen the judiciary system in order to address violence against women and children and high rates of children facing sexual abuse (Norway); A - 100.45. Establish effective procedures and mechanisms to receive, monitor and investigate complaints on ill-treatment and abuse of children, including sexual abuse, through a child-sensitive inquiry and judicial procedure, including the protection of the right to privacy of the child (Slovakia); A - 100.47. Continue adopting practical measures for the implementation of protection of children, and the eradication of violence and abuse, particularly in homes, in schools and in other institutions involved in the care and protection of children (Costa Rica); A - 100.68. Prioritize access to reproductive health education and contraceptives for adolescent girls, also without parental consent (Norway); A - 100.69. Strengthen its intervention programmes for young people to increase their awareness of HIV/AIDS and on a wider basis to provide reproductive health counselling where necessary through the various Government social programmes (Trinidad and Tobago); A - 100.72. Redouble efforts to implement the recommendations of the Committee on the Rights of the Child concerning the application of environmental rules to ensure universal access to drinking water and sanitation (Morocco); A - 100.74. Consider devising and implementing a national strategy for human rights education which would cover both the formal educational sector and a wider public for enhancing human rights awareness (Mauritius); The following recommendations were rejected: R - 100.50. Establish a clear minimum age of criminal responsibility at an internationally acceptable level (Turkey); R - 100.51. Raise the minimum age of criminal responsibility in compliance with international standards (Slovakia); The following recommendations were left pending: P - 100.46. Adopt measures to improve the system of protection of children and adolescents, and in particular, to eradicate child abuse in homes and reform the juvenile justice system (Mexico); P - 100.48. Develop awareness-raising campaigns aimed at preventing and combating child abuse, ensuring access to redress and social reintegration to the victims (Slovakia); NC - 100.52. Take steps to reform the system for juvenile justice to ensure it is brought into line with international standards set out in CRC (South Africa); P - 100.67. Continue implementing programmes and measures designed to ensure universal access for its population to education, health and social security services (Cuba);
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UN Compilation
Stakeholder Compilation
Accepted and Rejected Recommendations