Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families

Consideration of reports submitted by States parties under article 73 of the Convention pursuant to the simplified reporting procedure

Initial reports of States parties due in 2004

Seychelles *

[Date received: 21 August 2015]

Contents

Page

List of abbreviations and acronyms4

Introduction to the report5

Country profile5

Labour and employment in the Seychelles15

Implementation of the International Convention on the Protection of the Rights of All Migrants Workers and Members of Their Families (ICPMW)23

Right to freedom of movement to and from countries of origin23

Right to life23

Right to freedom from torture or cruel, inhuman or degrading treatment or punishment23

Right to freedom from slavery, servitude or forced compulsory labour24

Right to freedom of thought, expression, conscience and religion24

Right to privacy25

Right to property25

Right to a fair and public hearing with all the guarantees of a due process26

Right to have recourse to diplomatic or consular assistance and protection26

Right to recognition everywhere as a person before the law26

Right to equal treatment with nationals in respect to remuneration and other conditions of work such as overtime, holidays, etc.26

Right to join freely any trade union27

Right to emergency medical care27

Right to a safe and healthy work environment27

Right to a name, registration of birth, and nationality28

Right of access to education28

Right to preserve a cultural identity28

Right to transfer earnings and savings upon the termination of their stay in the State of employment29

Right to be fully informed29

Right to be temporarily absent without effect upon their authorization to stay or to work, as the case may be29

Right to liberty of movement in the territory of the State of employment and freedom to choose their residence there30

Right to form associations and trade unions in the State of employment for the promotion and protection of their economic, social, cultural and other interests30

Right to vote and to be elected in the State of origin, in accordance with its legislation30

Migrant workers employed in the public service sector of the Government of Seychelles31

Procedures or institutions representing migrant workers and their families31

Right to equality of treatment with nationals of the State of employment32

Protection of the unity of the family32

Annexes

I.Statistics from the Ministry of Labour and Human Resource Development33

II.Laws in Seychelles referred to in the report**

List of abbreviations and acronyms

AGAttorney-General

AIDSacquired immune deficiency syndrome

GDPgross domestic product

HIVhuman immunodeficiency virus

ILOInternational Labour Organization

MDGsMillennium Development Goals

MLHRDMinistry of Labour and Human Resource Development

NGOnon-governmental organization

PLHIVpersons living with HIV

SADCSouthern African Development Community

SIFCOSeychelles Inter-Faith Committee

SFWUSeychelles Federation of Workers Union

SRSeychelles rupee

Introduction to the report

1.The Republic of Seychelles’ Report on the Implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families has been prepared through wide consultations with key stakeholders. It has been done according to guidelines provided in the “Provisional Guidelines regarding the form and contents of initial reports to be submitted by States Parties under article 73 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families” as outlined in HRI/GEN/2/Rev.2/Add.1. The report covers the whole country with all of its 155 islands.

2.The process of consultations involved individual meetings with key government officials from the Ministry of Health, the Ministry of Education, the Ministry of Labour and Human Resource Development (MLHRD) and the Immigration and Civil Status Department. The Seychelles Federation of Workers Union (SFWU) was also consulted as well as Civil Society Organisations, such as the Citizens Engagement Platform Seychelles and NGOs such as the “Office for Migrants and Itinerant People”.

3.The Validation Workshop was held on Wednesday 8th July, 2015 with relevant stakeholders working to uphold human rights in the country in the fields of labour, social and economic development, civil and political rights as well as Civil Society Organisations.

4.The data collection phase also consisted of a desktop review. Relevant legislation and documents have been consulted, namely:

(a)The Constitution of Seychelles;

(b)The Public Service Orders;

(c)The Employment Act of 1995;

(d)The Industrial Relations Act of 1993;

(e)The National Bureau of Statistics (NBS) Seychelles in Figures 2012.

5.The report is organised in the following manner:

(a)For each article of the Convention, the relevant articles of the Constitution, Government Acts and Orders of the Laws of Seychelles are presented to provide the corresponding legal and administrative framework;

(b)Statistics and data are provided to illustrate the implementation measures under each Article.

Country profile

6.Republic of Seychelles is an archipelago consisting of 155 islands (in accordance with the laws of Seychelles) located one thousand miles east of the African coast and spreading over 1.3 million km² of the western Indian Ocean and occupying an area of 455 km2. About half of the islands are of granitic origin, with narrow coastal strips and central ranges of hills rising up to 900 m. The other half, are coral atolls, many of them uninhabited. The climate of Seychelles is of a tropical marine, humid cooler season during southeast monsoon (late May to September) and warmer season during northwest monsoon (March to May).

7.The people of Seychelles are known as Seychellois. Seychellois are considered multiracial: blending from African, Asian and European descent to create a modern creole culture. As of December 2014 the population of Seychelles was estimated at 92,126 persons. Most of the population (76%) lives on the main island of Mahé whilst 11% live on the other two main islands – Praslin and La Digue. The official languages are English, French and Creole, with the latter being the native language of most Seychellois.

8.According to the 2010 Housing and Population census, most Seychellois are Christians: 76.2% were Roman Catholic, 6.1% were Anglican and 6.9% of other Christian denominations. There are small minorities who practice Hinduism (2.4%) and Islam (1.6%). Other non-Christian faiths accounted for 1.1% of the population while a further 5.7% were non-religious or did not specify a religion.

9.Key development indicators show that the literacy rate for Seychelles peaks at 94% for both males and females and as of mid-2014 the annual population growth rate was at 1.6% and the total fertility rate stood at 2.4 children born per women. The infant mortality rate has decrease to 10.9 as of mid-2014 as opposed to 18.5 in 2013. Seychelles shows a fairly high life expectancy of 72.3 years where male stands at 68.4 and female at 78.3 as of mid-2014.

10.According to the UNDP Human Development Index Reports 2011, the HDI was ranked 52ndout of 182 countries, a rise from 57 in the UNDP HDI report of 2009. For 2012, the Seychelles’ HDI value is 0.806, placing the country in the very high human development category. As a result, the country is now ranked 46 out of 187 countries and territories, with a HDI value that has risen from 0.774 to 0.806, an increase of 4% or average annual increase of about 0.3% between 2000 and 2012.

11.The Seychelles Gross domestic product based on purchasing-power-parity (PPP) per capita (GDP) has also steadily grown since independence in 1976 and continues to do so, e.g., it was estimated to be US$24,800 in 2010, US$25,800 in 2011 and US$26,200 in 2012.

Table 1Key development indicators for the Seychelles

Indicators	2000	2010	2011	2012 a /2013 b
Population size (mid-year estimate)	81 131	86 525	87 441	88 303 a
Age d istribution %
0-14	26.3	22.7	22.4	22.3 a
15-63	66.5	68.8	69.2	69.2 a
64 and over	7.3	8.4	8.4	8.5 a
Dependency r atio	504	421	434
Sex ratio (per 100 females)	98.5	104.6	97.3	96.3 a
Total f ertility r ate	2.1	2.1	2.4	2.4 a
Population g rowth r ate	0.1	-0.9	0.95	0.92
Life e xpectancy at b irth for both sexes (in years)	72.4	73.2	72.6	74.2
Males		69.1	67.7	69.3
Females		77.5	78.0	79.5
Gross n ational i ncome (GNI) per capita	7 390 c	10 680 c	11 270 c	-
Human Development Index	0.774	0.799	0.804	0.806
Pop. with access to drinking water supply (%)	82.9	93	95	95
Pop. with access to sanitation	94 d	97	-	-
Percentage of undernourished population	Year 1991 11%	Year 1996 10%	Year 2001 8%	Year 2006 7%
Adult literacy rate (%) 15 years and above (both sexes)	90	94	-	-
Net enrolment rate in primary education (%)	99.6	111	107.4	101.3
Ratio of girls to boys in primary education (%)	1.00	0.99	1.00	1.00
Infant mortality rate (per 1,000 live births)	10.7 e	14.0	9.8	10.3 a 12.4 b
Maternal mortality rate (per 100,000 live births)	0	133	0	0/1 death r egistered in 2013

a Population and Vital Statistics No. 1 of 2013 .

b Mid-year estimates for 2013 .

c World Bank data .

d Year 2002 .

e Year 2007 .

12.The population mid-year estimates in 2014 stood at92000. It mostly consists of the descendants of Africans, French, English and other Europeans, and Asians (Indian and Chinese). Around 20% of the population is less than 15 years of age and 9% are aged 65 and over. There is 68% of the population in the 15 to 63 year bracket.

13.Most (76%) of the population lives on the main island, Mahé whilst 11% live on the other two main islands – Praslin and La Digue. The official languages are English, French and Creole; with the latter being the native language of most Seychellois and it is French-based. It is important to note that the Creole language (better known and written as Kreol) was introduced in primary education in 1982.

Chart 1Seychelles

14.Demography in Seychelles is still characterised by slow rates: growth, birth, death rate, and periodical emigration and immigration. On a smaller time scale, population growth between June 2009 and June 2010 was actually -0.09%. In the longer term (from 1994 to 2010), annual growth rate is 1.3 and it is expected that the population will double in 54 years.

15.The country has also witnessed a rapid decline in total fertility rate which dropped from around 7 in 1966 to 4.2 in 1980. In 2006, the Total Fertility Rate fell to below replacement level at 2.1, but it has since risen to 2.3 by 2008. However, it has fallen once again to 2.1 by 2010.

16.The projected population is given in Table 2 below.

Table 2Projected population of Seychelles 2012, 2022 & 2027

Population	Mid-Year 2010	2017	2022	2027
Males	44 253	47 500	49 800	51 900
Females	42 272	48 200	51 000	53 800
Total	86 525	95 700	100 800	105 700

Source : NBS, 2010 .

17.The Seychelles has achieved most of the Millennium Development Goals, with nearly 100% primary school enrolment for both girls and boys in most years, 100% immunization coverage for children aged 12 to 23 months, 96% adult literacy and 100% coverage for ARVs for PLHIV. Abject poverty is virtually unknown in Seychelles, though it is acknowledged that there are pockets of poverty related to single mothers with numerous children, the disabled and the elderly. However, with the establishment of the Social Welfare Agency in November 2008, these issues are being addressed.

18.Whilst most of the MDGs have been achieved, there are still some gaps. However, it is generally felt that these can be surmounted sooner rather than later. Indeed, the Seychelles has begun reflection on MDG Plus, with a number of higher-end objectives in mind. Moreover, there are various national sectoral strategic plans being discussed and written to ensure that gains are maintained and that new targets are set. These include national plans, such as the National Development Plan, the Draft Mid-Term National Strategic Plan 2011-2013 and the National Capacity Development Plan.

19.Other sectoral plans being worked on towards the end of 2011 include the National Cultural Policy and Strategic Plan, the National Policy on HIV and AIDS and Other STIs, the National Reproductive Health Plan, the National Strategic Plan on HIV and AIDS, a Master Plan for Tourism, another for the judiciary and a National Strategic Plan for the Rehabilitation of Perpetrators and Victims of Gender-Based Violence.

20.The main issues in national development in Seychelles are data collection, collation, storage and use (information management), capacity building and coordination. All plans are to be aligned to the National Development Strategy 2015-19 to ensure coherence, comprehensiveness and coordination.

21.In recent years, piracy originating from Somalia has been a major national development issue. The sustained attacks on commercial and recreational shipping in the Indian Ocean region and in the waters of Seychelles have led to severe economic consequences. Receipts from tuna dropped by 30% in the third quarter of 2009. More than $US4million of the country’s $US100million economy is now spent annually on sea patrols by the Seychelles Coast Guard. Money set aside for infrastructure, health, education and other national matters is now being diverted to matters of defense and national security.

22.Piracy is a cause for concern as the two mainstays of the Seychelles economy are tourism and fishing. In the case of tourism, a number of cruise ships visit the islands and there is more tourism development on the outer-lying islands which are less well protected than Mahé, the main island. As for fishing, the threat of piracy has increased insurance premiums, has led to some vessels having armed guards on board and some reduction in the number of purse seiners coming to unload in Victoria. This has resulted in some work stoppages in the tuna factory also based in Victoria.

23.However, the Seychelles Government and its partners have taken proactive steps which have led to a significant reduction in attacks and successful seizures of ships and crew. Programmes and actions include the Anti-Piracy Prosecutions Intelligence Coordination Centre (RAPPICC) established in February 2013, which collates experts from around the world to share intelligence and information to tackle the financiers of piracy. Collaborative efforts have been forged with countries such as India, the United Arab Emirates (UAE) and the USA. Pirate attacks in the region have dropped from 46 in 2010 to zero from May 2012 to May 2013 (Figure 1).

Figure 1Pirate attacks in the Indian Ocean from 2008 to 2013

24.However, it is important to note that the NBS-conducted surveys on visitor safety show that generally tourists feel safe in Seychelles. The latest survey done in 2010 showed that in 2008, 93% of visitors felt secure whereas in 2010, 95% felt secure. Only 2.3% reported having been attacked while 3.6% felt threatened in 2008 compared to 1% who were attacked and 2.5% who felt threatened in 2010.

25.Most incidents reported by the visitors took place during the day with the majority of them having occurred on beaches where the percentage of personal attacks and threats on beaches and hotels increased in 2010 compared to 2008. Regarding the loss of belongings, most incidents of loss occurred on beaches and in hotels. One notable issue is the fact that incidence of loss occurring at hotels increased.

Historical and political background

26.The Seychelles has a 260 year history, beginning in 1742 when a French expedition from Mauritius reached the islands. A formal claim was made. French settlers and their slaves were the first to have a permanent foothold in Seychelles. Over the years, after the French Revolution of 1789, and more specifically the first capitulation in 1794, and throughout the Napoleonic Wars, the islands’ possession alternated between France and Britain several times. Finally, the Seychelles were ceded to Britain in 1815 when the Treaty of Paris entered into force. The islands, though, were administered as a dependency from Mauritius until 1903.

27.Political activity by the islanders began in earnest in 1948 after WWII, when Britain granted suffrage to about 2,000 adult male property owners. In 1964, two political parties emerged: the Seychelles People United Party (SPUP) and the Democratic Party (DP). With the formation of these two major parties, political development and involvement grew until Britain, through a series of constitutions, granted ever new concessions which culminated in complete independence on June 29, 1976.

28.In 1977, there was a coup d’état which led to the formation of a one-party State under the SPUP, which became the Seychelles People Progressive Front (SPPF). In 1991, the SPPF Congress adopted a resolution to have multi-party politics in the country. Since then, Presidential and National Assembly elections have been held on a regular basis: July 1993, March 1998, early Presidential elections in September 2001, National Assembly in December 2002, with the most recent ones being held in May and October 2011, respectively.

29.All Presidential elections have been won by the SPPF, now renamed the People’s Parti (“Parti Lepep”) and all National Assembly elections have brought in a majority of Parti Lepep candidates, with the latest results being that all 34 seats were taken by the same party. The Opposition Party, the Seychelles National Party (SNP) boycotted the last elections. A new party, the Popular Democratic Movement (PDM), took part in the National Assembly elections and did not obtain a single directly elected seat in the National Assembly.

30.However, the PDM leader, Mr. David Pierre, petitioned the Constitutional Court to have a member of the party named as a proportionally elected member in the National Assembly, arguing that “when the total number of votes polled by the candidates of the petitioner namely 3828 votes is calculated in respect of the total valid votes in the general election namely 35145 votes, the petitioner clearly polled 10.89% of the votes cast and hence the petitioner is entitled to nominate one proportionally elected member of the National Assembly”.

31.The PDM received a judgement against its petition before the Constitutional Court and launched an appeal to the Seychelles Court of Appeal. The main issue was the basis on which to consider the votes of the electorate. The votes polled by PDM at the 2011 General Elections, if determined on the basis of the total votes cast, worked out to 7.4% and if determined on the basis of valid votes, 10.9%. The Court of Appeal rendered a judgement in favour of the petitioner and since then, the PDM has one proportionally elected member in the new Seychelles National Assembly, Mr. David Pierre, who is also the Leader of the Opposition.

Form of government

32.The Seychelles form of government is a Presidential System based on the principle of the Separation of Powers, i.e., between the Executive, the Judiciary and the Legislative. The President holds the office of the Head of the Ruling Party, Head of State, Head of Government, and Commander-in-Chief of the Defense Forces. The Presidency is limited to three terms of five years each.

The Constitutional Human Rights Framework

33.The Seychellois Charter of Fundamental Human Rights and Freedoms forms part of the Constitution (Chapter III) and it reflects the many fundamental precepts of human rights instruments to which Seychelles is a party. It consists of 25 basic human rights and freedoms (Table 3).

Table 3

List of Fundamental Rights and Freedoms

Article n umber

Rights and f reedoms

15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39

Right to life 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 Right to cultural life and values

Ombudsman

34.Various mechanisms have been established to ensure that human rights are upheld. Articles 143 and 144 provides for the setting up of the Office of the Ombudsman. Schedule 3 of the Constitution sets out the powers, mandate and other terms of the Ombudsman. The Ombudsman is appointed by the President from candidates nominated by the Constitutional Appointments Authority and serves a term of seven years which is renewable.

35.Under the Constitution, Ombudsman investigates any public authority up to and including the President (Schedule 5, 1(1)(a)). The investigations may include complaints of violations of fundamental human rights and allegations of corruption by public officials (Schedule 5, 1(1) (b); 1(2)(a)). Schedule 5 also places restrictions on what may be investigated. The President or a cabinet minister may halt an investigation by certifying that the matter “may affect the relation or dealing between the Government of Seychelles and any other Government or international organisation, the security of the Republic or the investigation of crime” (Schedule 5, 2(a)). The Ombudsman may also not investigate the performance of any judicial function or a person performing a judicial function (Schedule 5, 2(b)).

36.Powers to subpoena testimony and documents and of access to premises are similar to those of a judge of the Supreme Court, but these are restricted by the right of the President or the Attorney-General to issue certificates restraining the Ombudsman under certain conditions (Schedule 5, 4). In the case of the President the certificate must be based on prejudice to the security of the Republic or its international relations or because it requires the disclosure of Cabinet discussion and in the case of the Attorney-General because it may prejudice a criminal investigation.

37.If wrongdoing is found the Ombudsman is empowered to send a report to the relevant executive authority detailing findings, the basis for them, recommendations and remedies that are required and may include a reasonable time limit within which the measures are to be acted on (Schedule 5, 6(1), (3)). If the report is not acted upon in a timely manner, the Ombudsman may submit the report to the President or the National Assembly to act on (Schedule 5, 6(4)). The Ombudsman is required to make an annual report in January to the National Assembly on the work performed in the previous year (Schedule 5, 6(6)).

38.A new Act, the Protection of Human Rights Act 2009, provides for the Ombudsman to take on the chairmanship of the National Human Rights Commission.

Public Service Appeal Board

39.The PSAB is an important key in the achievement of the rights of the workers employed as public officers. Subject to the Constitution, Article 145(2), this board “shall not, in the performance of its functions, be subject to the direction or control of any person or authority” and it deals with different issues apart of those originated from disciplinary proceedings.

40.Article 146(1) of the Constitution notes that: “The PSAB shall hear complaints by persons aggrieved by

(a)an appointment made to an office;

(b)a promotion to an office;

(c)disciplinary proceedings taken in respect of an officer;

(d)the termination of appointment of a person who was holding an office;

(e)any decision relating to the qualification of a person; in the public service”.

41.The “Board” “may refuse to consider an appeal or complaint where it is of the opinion that it is frivolous, vexatious or trivial or made in bad faith; or the complain has, without reasonable cause, been delayed […] or it is subject of proceedings before the court”.

The Judiciary

42.According to Article 119 of the Constitution, the judicial powers of Seychelles shall be vested in the Judiciary, which shall consist of:

•The Court of Appeal of Seychelles.

•The Supreme Court of Seychelles.

•And such other subordinate Courts or Tribunals established pursuant to Article 137.

43.The Constitution orders that the Judiciary shall be independent and be subject only to the Constitution and other laws of Seychelles. Justices of Appeal, Judges and Masters of the Supreme Court are not to be liable to any proceedings or sued for anything done or omitted by them in the performance of the functions.

44.The Judiciary consists of mixed legal systems based on the English Criminal Law, the French Civil Law and Customary Law.

The Executive

45.The Public Service Functions Manual states that “The Executive Authority of the Republic of Seychelles is vested in the President and shall be exercised in accordance with the Constitution. Subject to the Constitution, the President may exercise the executive authority either directly or through persons holding office in the service of the Republic.”

46.The Head of State is President James Alix Michel (since 14 April 2004). The President is both the Head of State and Head of Government. The last election was held from the 19th to the 21stof May 2011. The next Presidential election is scheduled to be held in 2016.

The Legislative

The National Assembly of Seychelles

47.As prescribed by the Constitution, the National Assembly of Seychelles consists of:

•Such number of members directly elected in accordance with the Constitution, and subject to the Constitution, an Act, as is equal to the number of electoral areas.

•Not more than 10 members elected on the basis on the scheme of proportional representation.

48.Consequently the National Assembly of Seychelles consists of 25 members directly elected from the electorate and not more than 10 members elected on the basis of proportional representation.

49.The following positions exist: a Speaker of the National Assembly as the head of the legislative branch of Government, the Leader of Government Business from the Ruling Party, the Leader of the Opposition and the Deputy Speaker. The National Assembly has the exclusive power to make, pass and amend laws, which are subject to the approval of the President. The laws may be proposed by the President, a Minister and a Member of the National Assembly.

Economy and financial sector

50.The Government of Seychelles has embarked since the early 1990s in major reforms of the political system as well as economic and social policies. The two main objectives of those reforms are to increase income per capita with the aims of improving living conditions of the Seychellois population and to establish sustainable macroeconomic balances.

51.Seychelles is a middle-income island economy recovering from a 2008 debt crisis and is at an advanced stage of transition into a market economy. The average real growth rate of nominal GDP for the period 2008-2013 amounts to 2.7% annually.

52.Seychelles has been successful in major reforms undergone macroeconomic adjustment between 2008 and 2013. Reforms in terms of economic and social policies have sought to promote a lean and efficient public sector providing a stimulating environment for the development of the private sector without compromising social concerns and environmental sustainability (green economy). The diversification of the economy from primarily tourism is also sought in the medium run with further development of the fisheries sector, underwater resources exploitation (blue economy), and financial services sector.

53.The tourism, fisheries and the financial sectors together employ about 40% of the total workforce. Tourism accounts for 29% of GDP and 27% of employment.

54.The fisheries sector, including fishing and fish processing, is the second pillar of the economy. Seychelles boasts an exclusive economic zone of 1.4 million square kilometres in one of the world’s major tuna fishing grounds. The economic contribution of the fisheries sector accounts for approximately 40% of current account receipts in 2013. Gross inflow of foreign currency generated by the sector stood at SR 5.6 billion in 2013. Employment in the fisheries sector constitutes about 10% of formal employment.

55.The International Financial Sector has become a more important component of the financial sector. They accounted for 5.9% of GDP in 2013. Ongoing reforms in the financial sector aim at fostering the implementation of a number of new initiatives. Among the priority areas are improving the financial systems, legal and regulatory frameworks, improving access to credit for small and medium enterprises, consumer protection and financial literacy as well as ongoing training of financial sector professionals in compliance with money laundering, as well as training of financial sector professionals.

56.Overall, social development and governance represent each 36% of total expenditures while, economic development receives 22% and environment and energy 6%.

Labour and employment in the Seychelles

International obligations and national standards

57.Seychelles has ratified 36 International Labour Organisation (ILO) conventions, 26 of which are presently in force; the conventions have guided the development of the country’s labour and employment laws. These include the following: the Employment Act 1995; the Industrial Relations Act 1993 and the Occupational Health and Safety Decree. These laws have been reviewed to adjust to changes in the macro economic framework in compliance to ratified International Labour standards.

58.At the regional level, the Seychelles has signed specific and thematic labour protocols such as the Southern African Development Community (SADC) Code of Conduct on HIV and AIDS and Employment in the Southern African Development Community, 1997 and the Global Jobs Pact in Africa (Ouagadougou, 2009). The former aims to remove discrimination of PLHIVs in the workplace and in employment, whilst the latter seeks to orient relevant national and international policies stimulate economic recovery through the seamless process of creating sustainable enterprises, generating decent productive jobs, providing social protection.

59.The Employment Act makes provision in Article 67 that “Non-Seychellois workers, not exempt from the provisions of this Act, shall enjoy the same terms and conditions of employment as are applicable to Seychellois workers but may be given such additional benefits and privileges as the competent officer may authorize.” It also makes provision for the Employment Tribunal which functions as a quasi-judicial Court.

60.Seychelles has also endorsed the Decent Work Country Programme (2011-2015), which seeks to improve work conditions throughout the workplace and in all employment and labour. It is also a tool for cooperation with the ILO. The Programme has for strategic objectives, which concentrates in the areas of employment, rights at work, social protection and social dialogue. The Programme’s three core priorities are identified as (1) to review labour legislation and strengthen the dispute resolution framework; (2) Promotion of quality employment and reduction of unemployment, particularly for women and youth; and (3) promotion of effective tripartism and social dialogue.

Procedures to employ migrant workers

61.To be employed in the Seychelles, a person needs a Gainful Occupation Permit (GOP) and the same applies to an employer or a self-employed person.

62.Applications of posts for recruitment of non-Seychellois workers must first go through the MLHRD. The applications are assessed on the basis on the needs of labour market, and as per the current quota of foreign workers. The MLHRD also verifies compliance of the Employment Act by the respective recruiting organizations. The application form is to be completed by the person seeking the permit in the case of a self-employed or by the prospective employer.

63.There are various considerations for the application for a GOP. These can include

(a)The character, reputation and health of the prospective employee and where relevant, any member of his/her household to be endorsed on the permit;

(b)The professional or technical qualification of the person to be employed;

(c)The availability of the services of persons already exist in Seychelles;

(d)The protection of local interest;

(e)the economic and social benefit which the applicant / prospective employee may bring to Seychelles or enhance by his presence.

64.The MLHRD reviews the contracts of foreign workers and attests the same upon the arrival of the migrant worker. Contracts of employment must be attested within one month of the arrival of the Migrant Worker into the country.

Key organizations

A.Employees’ organizations

65.The Seychelles Federation of Workers Union (SFWU) was formed in 1996 after the National Workers’ Union was dissolved after the re-introduction of multiparty democracy in Seychelles. The National Workers Union in the one-party socialist era was given an educative role whereas its bargaining function as a trade union was mainly absorbed by the Government which had taken the role of economic generator in a centrally planned economy.

B.Employers’ organizations

66.The Federation of Employers’ Association of Seychelles was registered with the Registrar of Associations in 1978. With the promulgation of the Industrial Relations Act in 1993 the FEAS had to form an employer’s union, the Association of Seychelles Employers and was registered under the Act. The Association has taken over the Federations’ role in labour matters, training and tripartism. Membership comes from open trade businesses, professional and employers’ associations and the chamber of commerce and industry as well as public corporations.

C.The Ministry of Labour and Human Resource Development

67.The Ministry of Labour and Human Resource Development is the arm of the Government of Seychelles critically charged with the responsibility to monitor the labour market with a view to render it conducive to economic and social enhancement. Through its programmes the Ministry is responsible for developing, promoting and monitoring employment laws, regulations and policies governing a wide range of issues including:

•Improved economic efficiency and productivity.

•Skills development and facilitating employment growth.

•Sound industrial relations.

•Enhance occupational health and safety awareness and compliance in the workplace.

•Promote equality and non-discrimination in the workplace.

68.There is the Industrial Relations Section at the MLHRD whereby all workers including migrant workers may seek advice from the employment officers on the rights and working conditions. The worker may register his/her grievance which then goes into a process of mediation with the aim of seeking a mutual agreement between the worker and employer. If the mediation fails, the worker is given a certificate and he/she has the right to register the case with the Employment Tribunal.

D.Agency for National Human Resource Development (ANHRD)

69.The ANHRD has the mandate to promote and coordinate policy interventions which lead to the development of human resources in Seychelles. One of its main tasks is to work on the National Human Resources Plans to coincide with the Seychelles Strategy Plans and the Seychelles Integrated Human Resources Strategy.

Employment

70.In 2010, the labour force comprised of 52,182 persons, of which 49,169 were working. Unemployment has steadily dropped from 6% in 2010 to virtual full employment in early 2011, with the rate noted at 2.3%. Rapid development coupled with the country being a small island State means that the Seychelles will continue to rely on foreign workers, presently some 25% of the total workforce, with most employed in tourism and the construction industry (Table 4).

Table 4Population aged 15 years or more, by economic Status

	Female	Male	Total
Working population	33 966	36 583	70 549
Public s ector	8 797	5 986	14 783
Private s ector	12 784	21 602	34 386
Unemployed	1 622	1 391	3 013
Inactive
Students	2 714	2 165	4 879
Other	7 776	5 114	12 890
Not stated	273	325	598
Labour f orce
100%	23 203	28 979	52 182
Working 94.2%	21 581	27 588	49 169
Unemployed 5.8%	1 622	1 391	3 013

Source : National Bureau of Statistics, Population & Housing Census 2010 .

71.The National Bureau of Statistics (NBS) conducted a Labour Force Survey in 2011/2012 to develop and improve the compilation of national statistics for policy planning, monitoring and evaluation on employment and labour. Previous surveys were conducted in 1985, 1992, 2005/2006. The previous surveys did not take into account migrant workers in the private sector and thus included only those in the public sector. The 2011/2012 Survey included all workers in Seychelles.

Table 5Working-age population, labour force (by employed, unemployed), and population not economically active (by reason), by sex, 2011/2012 a

	Male	Female	Both sexes
Working age population	30 840	33 290	64 130
Labour f orce	21 060	20 610	41 670
Employment population	96.2	95.5	95.9
Unemployed population	3.8	4.5	4.1
Total	100	100	100
Population not active	7 240	10 660	17 900
In school or training	29.6	21.1	24.5
Families responsibilities, housework	1.2	9	5.8
Pregnancy	-	1.5	0.9
Illness, injury or disability	18.7	14.1	16
Retired or too old to work	35.7	43.4	40.3
No desire to work	3.9	2.1	2.8
Other reason	4.9	3.7	4.3
Not stated	6	5	5.5
Total	100	100	100

Source: National Bureau of Statistics, LFS 2011/2012 .

a Numbers in italics are %. Counts are given to nearest tens.

72.In 2011/2012, the labour force was composed of 64,130 persons of whom 30,840 were males and 33,290 were females. The employed population totalled 41,670 or 95.9% of the work force, with 21,060 or 96.2% males and 20,610 or 95.5% females. The percentage of the work force employed was 95.9% which is slight increase from 2010 when it was 94.2%.

Migrant workers in Seychelles

73.Migrant workers in Seychelles have increased from some 2,000 in the 1990’s to 10,923 in 2009 (Table 6). In 2012, there were 12,430 migrant workers. The private sector was the largest employer with 2,264 in 2001 and 10,445 in 2009.

Table 6Expatriate employment in Seychelles 2001 and 2009

Sector	Years
2001	2009
Private s ector e xpatriate e mployment	2 264	10 445
Public s ector e xpatriate e mployment	390	109
Parastatal e xpatriate e mployment	164	369
Total e xpatriate e mployment	2 818	10 923
Total u nemployment	1 869	1 001
Gap between e xpat e mployment and u nemployment	949	7 495

Source : M.E.E.H.R. 2010 .

74.Foreign labour supply in the Seychelles is varied, from professionals and managerial cadres to skilled workers such as carpenters and masons. The greatest number of migrant workers is to be found in the construction industry. The majority of construction workers live in institutional residences. The Seychelles Bureau of Statistics approached the 10 largest construction companies to request completion of the relevant questions from the Labour Force Survey questionnaire relating to the fourth quarter of 2011. However, responses were only received from half of the selected companies.

75.Data provided in the Labour Force Survey 2011/2012 comes from 2,148 or 20% of the migrant workers in the construction industry and is composed, according to the NBS, of detailed reliable data on occupation, income and nationality.

Predominance of young males

76.Migrant workers in the construction industry are predominantly male, married and young. Sixty-five percent of the migrant population in this industry is younger than 35 years, with about 76% of them in the prime working age (25-54 years) and less than 1% above 54 years. At least 24% of them are within the youth age bracket of less than 25 years (Table 7 and 8).

Table 7Age of migrant workers in the construction industry

Age group (years)	Total	Valid %
Less than 25	392	23.5
25 < 29	339	20.3
30 <34	354	21.2
35 <39	278	16.6
40 <44	181	10.8
45 <49	75	4.5
50 or more	51	3.1
Not stated	478
All ages	2 148	100

Source : National Bureau of Statistics, LFS 2011 .

Table 8Age and marital status of migrant workers in the construction industry

	No. workers	%	Age group (years)
Under 25 %	25-54 %	50 or more %	All ages
Marital status
Single	210	9.8	85.2	14.8	0	100
Married	1 38 8	64.6	13.8	85.5	0.6	100
Other	-	-
Not stated	548	25.5	-	-	-	-
Total	2 148	100

Source : National Bureau of Statistics, LFS 2011 .

77.Most of the workers are from the Asian continent, especially from India and Sri Lanka, representing 96% of the total. The other nationalities are in the minority with less than 1% from the African continent and others (2.7%).

Table 9Nationalities of migrant workers in the construction industry

Nationality (region)	%
Africa	0.9
Asia	96.5
Other	2.7
All nationalities	100

Source : National Bureau of Statistics, LFS 2011 .

Predominance of craftsmen

78.Jobs in the construction industry are concentrated in the Craft and Related Trade major group of the occupation classification, which comprises of section groups builders (masons and carpenters), painters, electricians and metal workers. Three quarters (75.3%) of migrant workers were in this group (Table 10). It is interesting to note that nearly 60% of the migrant workers are in the minor groups building frame builders and finishers whilst 6% work with sheet metal and welding. Fewer than 2% of migrant workers in construction are managers but one in every 10 is a professional or technician and associate professional.

Table 10Migrant workers by occupation and earnings

Occupation	%	Mean hourly earnings (R)
Managers	1.3	150.2
Professionals	4.6	123.7
Technicians and a ssociate p rofessionals	5.8	61.5
Clerical s upport w orkers	1.6	49.5
Service and s ales w orkers	4.2	39
Craft and r elated t rade w orkers,	75.3	32.3
of which:
Building frame & related workers	59.6	31.3
Building finishers & related trade workers	4.3	35.9
Painters, building structure cleaners & related workers	2.7	33.4
Sheet & structural metal workers, moulders & welders & related workers	5.7	34.8
Metal working machine tool setters & operators	2.3	41.9
Electrical installers & repairers	0.8	39.8
Plant and m achine o perators and a ssemblers	4.2	36.9
Elementary o ccupations	3	31.7
All o ccupations	100	40.3

Source : National Bureau of Statistics, LFS 2011 .

Salary discrepancies

79.Managers are the most highly paid group, earning an average of SR150 per hour. This is around 5 times what a craft and related worker earns per hour. The Labour Force Survey 2011/2012 notes that “Within the latter group, metal workers earn the most at SR42 (sic) per hour compared to building frame builders who earn SR31 per hour. Technicians and Associate Professionals earn around SR62 per hour which is half of what full professionals earn. Among the major occupation groups, elementary workers earn the least, but they account for only 3% of all occupation groups.”

80.The Agency for Human Resource Development, the Immigration Division and the Department of Public Administration data shows that in 2012, most workers come from India (6612 or 53%), followed far behind by Madagascar (882 or 7%) and other nationalities (817 or 7%). The majority of the workers from India are employed as masons in the construction industry. The majority of the Malagasy workers are fish cleaners working at the Indian Ocean Tuna Factory and the other nationalities are for the most part doctors (Table 11).

Table 11Country of origin and expatriates in 2012

Nationality	Total	%	Majority work category	Majority employment sector
India	6 612	53	Mason	Construction
Madagascar	882	7	Fish cleaner	Manufacturing
Philippines	549	4	Fish cleaner	Manufacturing
Mauritius	545	4	Technician – Maintenance	Accommodation & f ood service a ctivities
Kenya	511	4	Fish cleaner	Manufacturing
Sri Lanka	506	4	Carpenter	Construction
Bangladesh	444	4	Farm worker	Agriculture, f orestry & f ishing
Nepal	349	3	Security guard	Accommodation & f ood service a ctivities
South Africa	232	2	Carpenter	Construction
Thailand	232	2	Fish cleaner	Manufacturing
China	206	2	Carpenter	Construction
Indonesia	195	2	SPA Therapist/Attendant/ Technician	Accommodation & f ood s ervice a ctivities
France	127	1	Waiter/Waitress – Wine	Accommodation & f ood service a ctivities
Great Britain	126		Teacher	Education
Russia	97	1	Owner/Shareholder/Manager/ Director/Representative	Accommodation & f ood service a ctivities
Other nationalities	817	7	Doctor	Human h ealth & s ocial w ork a ctivities
Total	12 430	100%

Source : Immigration Division, SIBA, DPA and NHRDC (2012) .

Implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICPMW)

81.The International Convention on the Protection of the Rights of all Migrant Workers and Members of Their Families (ICPMW) was acceded to by Seychelles on 15th December 1994 and it came into force on 1st July 2003, when it came into force generally for all States Parties.

Right to freedom of movement to and from countries of origin

82.Migrant workers are allowed to travel in and out of the country during their period of employment. There are no restrictions imposed by the law, apart from those to maintain law and order and those normally found in a democracy.

Right to life

83.The death penalty has been abolished in the Seychelles since 1995 with an amendment of the Penal Code. The Constitution (Article 15) guarantees the right to life and that no sentence of death can be imposed by any court. Exceptions are in relation to lawful acts of war. This fundamental right is further strengthened in the Constitution (Article 25.4) which prevents extradition of persons to countries where the death sentence is in force. A person cannot be extradited if the death sentence is to be applied in respect to the offence committed, unless the country concerned agrees to suspend it for that instance in that particular case.

84.The Penal Code also specifies various sentences that can be applied in lieu of the death penalty: imprisonment, fine, payment of compensation, police supervision, forfeiture and any other punishment provided by the Code and any other law. This applies to all Seychellois and residents, including migrant workers.

85.There have been no reports of extrajudicial killings of migrant workers. Cases of accidents and murders regarding migrant workers are handled administratively and judicially through nationally established mechanisms, and are the same as for citizens of Seychelles. More specifically, accidents occurring at workplaces should be reported to the Ministry within 48 hours from the time of accident. In case there is gross negligence on the part of the employer, this may lead to prosecution before the Magistrate court of Seychelles. The MLHRD also encourages employers to notify the MLHRD of the death of a worker notably occurred on the way to work.

Right to freedom from torture or cruel, inhuman or degrading treatment or punishment

86.The Constitution in Article 16, states that: “Every person has the right to be treated with dignity worthy of a human being and not be subjected to torture, cruel, inhuman or degrading treatment or punishment”. This is further consolidated by Article 18(1) of the Constitution which states that: “Every person has the right to liberty and security of the person”.

87.This right is guaranteed on the same basis as to the citizens of Seychelles.

Right to freedom from slavery, servitude or forced compulsory labour

88.Seychelles has ratified two relevant conventions under the International Labour Organization, namely the “Forced Labour Convention, 1930 (No. 29)” and the “Abolition of Forced Labour Convention, 1937 (No. 105)”.

89.Slavery was officially abolished in 1835 in the Seychelles. The Constitution in Articles 16 and 17 establishes that “every person has a right to be treated with dignity worthy of a human being and not be subjected to torture, cruel, inhuman or degrading treatment or punishment.” These articles are further supported by Section 251 of the Penal Code 1955, updated in 1996, which also makes provisions for the illegality of the importing, removing, buying, selling, detaining, receiving, accepting or disposing of any person.

90.The Penal Code prohibits and prescribes a punishment of three years’ imprisonment for forced labour. Section 249 of the Penal Code outlaws slavery and prescribes penalties of 10 years’ imprisonment. Sections 155, 156, and 138 of the Penal Code outlaw brothel-keeping, pimping, and procuring women or girls to engage in prostitution within Seychelles or abroad, prescribing punishments of three years’, five years’, and two years’ imprisonment, respectively.

91.The Employment Act makes provision for regular payment of salaries in Article 32(2) which states that “Wages payable in cash are payable at regular intervals as agreed between employer and worker but not less than once a month and not later than the fifth day following the date on which they fall due.”

92.Furthermore, The Employment Act Section 35 (1 and 2) also stipulates that records of wages due are to be kept at the place of employment and be available for inspection by a competent officer. In Article 36(2), “Where an employer fails to comply with subsection (1) and there is a dispute over the fact of payment, a presumption that the employer has not made payment arises against the employer.”

93.The MLHRD conducts inspections and monitors working conditions of migrant workers. Claims related to rights of migrant workers are often fast-tracked by the MLHRD, thus reducing the necessity of court involvement through active mediation. Necessary legal actions are also taken against companies which are found to be in violation of the rights of migrant workers.

94.Seychelles put in place formalized legislation to combat trafficking in persons in 2014, namely the “Prohibition of Trafficking in Persons Act, 2014”. A National Coordinating Committee on Trafficking in Persons has been established through this law, as well as a formalized Fund for trafficking in persons. The Government has held numerous training activities on trafficking in persons, including for front-line officers, non-governmental organizations and journalists. The Government is also in the process of implementing a two year National Action Plan and Strategic Framework on Trafficking in Persons, as well as a Standard Operating Procedure Manual and a Referral Mechanism for victims of trafficking in persons. A two month media campaign was held to raise awareness of trafficking in persons in 2014/5, which looked at migrant workers as one of the groups vulnerable to being trafficked.

Right to freedom of thought, expression, conscience and religion

95.Freedom of expression is provided for in Article 22 of the Constitution, which includes the “freedom to hold opinions and to seek, receive and impart ideas and information without interference”. Article 22(2) provides for six areas of restrictions to this right “as may be prescribed by a law and necessary in a democratic society”. They are applied on an equal basis as to a citizen of Seychelles.

96.Freedom of thought, conscience and religion is guaranteed in the Constitution under Article 21, which stipulates that every person has a right to freedom of conscience. The issue of religion is made even more explicit with the specifications in the same article: “this right includes the freedom of thought and religion, freedom to change religion or belief and freedom to either alone or in community with others and both in public and in private, to manifest and propagate the religion or belief in worship, teaching, practice and observance.”

97.Seychelles has no State religion and it is not necessary to be of or to practice a particular religion to be a public officer (Constitution, Article 21(5)). In the same Article, there are provisions that no law shall establish or impose a religion. Thus, the country is multidenominational and there is an inter-faith committee formed to ensure religious harmony.

98.Seychelles Inter-Faith Committee (SIFCO), formed in 2009 and launched officially in February 2012 has been active in promoting interdenominational understanding through joint activities, in fostering stronger spirituality in the general population and in developing Position Papers on a variety of social issues.

99.Migrant workers are free to practice their religion. Migrants are free to attend services at places of worship, including at churches, halls, temples and mosques. These are freely accessible and there are no known restrictions for migrant workers and their families.

Right to privacy

100.The Constitution in Article 20 guarantees the right to privacy and freedom from arbitrary search of person and property. Access to telephone land and fixed lines, mobile communication and Internet is unrestricted by the State. Monitoring of communications is virtually unknown or unreported. The Government generally respected these prohibitions in practice.

101.Migrant workers and their families are free to obtain mobile phones, internet connections and television cable services with the only restrictions being the laws of Seychelles and affordability.

Right to property

102.The right to property is provided for under Article 26 of the Constitution, which states that “Every person has a right to property and for the purpose of this Article this right includes the right to acquire, own, peacefully enjoy and dispose of property either individually or in association with others”. This right is qualified by limitations provided within the Article.

103.A migrant worker, or any person who is not a citizen of Seychelles, may purchase immovable property which is privately owned, subject to sanction being obtained from the Government of Seychelles. A foreign citizen may not acquire freehold land on outlying islands of Seychelles, although, subject to approval they may hold the property on a long term lease.

Right to a fair and public hearing with all the guarantees of a due process

104.Article 19 of the Constitution provides that “Every person charged with an offence has the right, unless the charge is withdrawn, to a fair hearing within a reasonable time by an independent and impartial court established by law”.

105.Article 19(2)(b) of the Constitution stipulates that every person who is charged with an offence “shall be informed at the time the person is charged or as soon as is reasonably practicable, in, as far as is practicable, a language that the person understands and in detail, of the nature of the offence”.

106.Article 19(2)(d) further provides that every person has “a right to be defended before the court in person, or, at the person’s own expense by a legal practitioner of the person’s own choice, or, where a law so provides, by a legal practitioner provided at public expense”.

107.With regards to interpreters, Article 19(2)(f) states that every person “shall, as far as is practicable, have without payment the assistance of an interpreter if the person cannot understand the language used at the trial of the charge”.

108.During sessions conducted at the MLHRD, the Ministry goes to great lengths to ensure that effective translation tools are available for migrant workers. The Ministry has established contacts with Resident Embassies, as well as individuals outside of the formalized structure who assist with translation on an ad-hoc and voluntary basis. The process is fast-tracked for the migrant workers.

Right to have recourse to diplomatic or consular assistance and protection

109.There are no legal or policy restrictions for migrant workers to have full access to diplomatic and consular assistance and protection.

Right to recognition everywhere as a person before the law

110.Every person has the right to equal recognition as a person before the law. Article 27(1) of the Constitution provides that “Every person has a right to equal protection of the law including the enjoyment of the rights and freedoms set out in this Charter without distinction on any ground except as is necessary in a democratic society”.

111.Equality is established in all laws which pertain to all persons without discrimination. The language of the Constitution regarding people refer to “persons” and “individuals”, making no distinction of gender.

Right of equal treatment with nationals in respect to remuneration and other conditions of work such as overtime, holidays, etc.

112.Migrant workers have the right to equal treatment with nationals in respect to remuneration and other conditions or work. This is provided for in Article 67 of the Employment Act, which notes that “Non-Seychellois workers, not exempt from the provisions of this Act, shall enjoy the same terms and conditions of employment as are applicable to Seychellois workers but may be given such additional benefits and privileges as the competent officer may authorize”.

113.During the attestation of the contract of migrant workers the MLHRD also ensures that the provisions of the contracts are the same as that would be provided for a citizen of Seychelles. During workplace inspection it is verified that the terms and conditions are being respected by employers.

Right to join freely any trade union

114.The Industrial Relations Act 1993 allows all workers — excluding police, military, prison, and firefighting personnel — to form and join independent unions and to bargain collectively. Strikes are illegal unless arbitration procedures are first exhausted. The Act requires that two-thirds of union members need to vote for a strike in a meeting specifically called to discuss the strike, and provides the Government with the right to call for a 60-day cooling off period before a strike starts. Anyone found guilty of calling for an illegal strike can be fined SR5,000 (US$383) and up to six months’ imprisonment.

115.The law also provides discretionary powers to the Registrar General to refuse the registration of unions. Antiunion discrimination is prohibited. The Government has the right to review and approve all collective bargaining agreements in the public and private sectors. The law also imposes compulsory arbitration in all cases where negotiating parties do not reach an agreement through collective bargaining.

116.In addition to labour inspection routine, the Ministry of Labour and Human Resource Development has the position of welfare officer to look after the needs of migrant workers and their working conditions. A new employment policy was launched in 2014 which includes strategies on migrant workers and localization. Strategies in the policy are namely regular joint inspections between the Ministry of Labour and Human Resource Development and the Ministry of Health, including on outer islands, to ensure workers enjoy decent working and living conditions; ensure minimum wages are being respected for all workers in Seychelles; attestation of contracts of migrant workers and close monitoring of organizations’ localization plan.

Right to emergency medical care

117.Migrant workers have access to all State emergency medical services on the same basis as citizens of Seychelles.

118.In the case of migrant workers employed by the Government of Seychelles, the Public Service Order of 2011 stipulates that the Government is “responsible to meet the primary health care costs of expatriates in Government employment and that of their dependents”.

Right to a safe and healthy work environment

119.The Occupational Safety and Health Decree of 1978 is applicable to all employees (including migrant workers) and employers in Seychelles, including those working for the Government of Seychelles and those who are self-employed.

120.The Decree imposes a duty on the employer to ensure that employees are not exposed to health and safety risks, and that every employee undergoes a medical examination prescribed for the relevant job category. The employer is therefore responsible to guarantee a safe working environment, which includes ensuring that workers wear their Personal Protective Equipment.

121.An onus is placed upon the person who may design, manufacture, import or supply an item or substance for use at the workplace to ensure that the same is safe and without risk to health, and to guarantee that necessary testing and examinations have been carried out.

122.Regulations to the Occupational Health Decree also provide detailed standards that must be maintained at various types of workplaces – for instance in the Construction Industry and for Dock Workers.

Right to a name, registration of birth, and nationality

123.Children born to migrant workers are registered in the Seychelles and have the right to nationality if one of the parents is a citizen. Article 8 of the Constitution states that “Subject to Article 9, a person born in Seychelles on or after the coming into force of this Constitution, shall become a citizen of Seychelles at the date of birth”. Article 9(1) states that “A person shall not become a citizen of Seychelles by virtue of Article 8 if, at the date of birth, neither of the person’s parents is a citizen of Seychelles”. Seychelles law bases the acquisition of nationality in the principle of jus sanguinis.

Right of access to education

124.Migrant workers are free to send their children to State or private schools. Crèche, primary and secondary are free for children of migrant workers. Post-secondary education is available on a chargeable basis. In comparison, crèche to the end of post-secondary education is free for citizens of Seychelles at State schools.

Right to preserve a cultural identity

125.There have been no problems regarding ethnic, religious and linguistic minorities in the recent past in Seychelles. All groups are encouraged to maintain their cultural heritage and practices. Advertisements and obituaries, especially in the daily Nation are regularly published in a variety of languages: Kreol, English, French, Hindi, Urdu and Tamil. All religious groups observe their rites as per their will.

126.In Seychelles people are not classified according to ethnicity and race. The concept is seen as alien and the only classifications for census purposes are according to declared religion, professions, socio-economic status and nationality, as in Seychellois nationals, no matter what origin and non-nationals.

127.Characterization of the population by ethnicity is not even part of any kind of national survey. With the mixed ethnicity and race, it is perhaps difficult to begin counting people as per their “race”; indeed, the concept in formal setting is alien to the Seychellois and would create a stir should the Government begin to use such characterisations. Moreover, it is expected that many people would not know in which category to place themselves.

128.However, for surveys and data collection procedures with migrant workers, the concept of nationality is used. Specific nationalities are currently used, with some regional categorisations (such as Asians, Africans).

Right to transfer earnings and savings upon the termination of their stay in the State of employment

129.Workers’ remittances and compensation of employees; paid (US dollar) in Seychelles was last reported at US$26,199,008.94 in 2010, according to a World Bank report published in 2012. Workers’ remittances and compensation of employees comprise current transfers by migrant workers and wages and salaries earned by non-resident workers. Migrants’ transfers are defined as the net worth of migrants who are expected to remain in the host country for more than one year that is transferred from one country to another at the time of migration. Compensation of employees is the income of migrants who have lived in the host country for less than a year.

Figure 2Migrant workers’ remittances from January 2002 to January 2010

Right to be fully informed

130.The MLHRD promotes the education of workers of their rights, including those of migrants. Information notices in Indian and Chinese languages are printed and distributed by labour inspectors, with information on basic rights. There are also leaflets on the same with focus on employment laws and resources in case of problematic situations. Arrangements have been made with the Indian and Chinese embassies to have interpreters and translators whenever needed to facilitate understanding of communications between the migrant workers and various institutions and persons, as may be necessary. It is to be noted that the majority of migrant workers from the African region are conversant with at least one of the national languages of Seychelles.

131.Workers can also contact the MLHRD in person or through other forms of communication to request further information about their rights and how best to implement them.

Right to be temporarily absent without effect upon their authorization to stay or to work, as the case may be

132.There are no restrictions to migrant workers being temporarily absent for reasons of sickness, compassion and annual leave.

133.Migrant workers in the health, education, other public sectors, as well as those in the private sector, are often entitled to paid passage to countries of origins for paid vacations.

134.Migrant workers in the Public Service can take earned leave during the period of their contract, and the duration of the leave will not be added onto their contract. They may also receive payment in lieu of outstanding earned leave at the end of their contract period.

Right to liberty of movement in the territory of the State of employment and freedom to choose their residence there

135.Article 25 of the Constitution states in clause 1 that “Every person lawfully present in Seychelles has a right of freedom of movement and for the purpose of this Article this right includes the right to move freely within Seychelles, the right to reside in any part of Seychelles, the right to leave Seychelles and the right not to be expelled from Seychelles.” Moreover, clause 2 also states that every person who is a citizen of Seychelles has a right to enter Seychelles and, subject to clause (3) (d), not to be expelled from Seychelles.

136.However, Article 25(3) places some restrictions such as those prescribed by “a law necessary in a democratic society in the interests of defence, public safety, public order, public morality or public health; for protecting the rights and freedoms of other persons; for the prevention of a crime or compliance with an order of a court.” Thus, there are no restrictions to freedom of movement within the country except those constraints linked to national security, public health and maintenance of law and order in the country.

137.Transportation to the outer islands of Seychelles is available on a chargeable basis for both nationals and non-nationals. To note that there are some protected and or private owned islands that have restricted access for all persons.

Right to form associations and trade unions in the State of employment for the promotion and protection of their economic, social, cultural and other interests

138.There are no restrictions and migrant workers are to free form their own associations and to register them at the Registrar General’s Office. They are also free to join national existing associations.

139.The Constitution of Seychelles in Article 23 states that “Every person has a right to freedom of peaceful assembly and association and for the purpose of this Article this right includes the right to assemble freely and associate with other persons and in particular to form or to belong to political parties, trade unions or other associations for the protection of the interests of that person and not to be compelled to belong to any association.” The restrictions imposed for this right are considered those needed in a democratic society and are linked to national security, public health and morals and maintenance of law and order in the country.

Right to vote and to be elected in the State of origin, in accordance with its legislation

140.There are no restrictions for these rights and migrant workers may vote and be elected in their States of origin whilst employed in Seychelles. The status of application of this provision is fully determined by the legislation of the State of origin.

Migrant workers employed in the public service sector of the Government of Seychelles

141.The Public Service is the principal executive arm of the Government, and is organized into two main entities: the Civil Service and the State Enterprise. It is guided by the Public Service Order (Third Edition) of 2011. The Government’s vision for the Public Service is that it must be made up of men and women who possess a high degree of professionalism, integrity and ability to assist the country’s leadership, to set standards in the management of human and material resources in order to achieve good governance. It is recognized by the Government that Seychellois citizens may not always be available to fill such positions, and therefore recruitment of non-Seychellois migrant workers can be considered.

142.The main categories of migrant workers under the employ of the Government are:

•Locally recruited expatriates

•Expatriates recruited overseas under contracts

•Expatriates recruited under technical cooperation agreements

•Consultants for specific projects on a short-term basis.

143.Migrant workers working for the Government are allowed three consecutive contracts of two year durations each. Extension beyond this duration will only be considered in exceptional circumstances and dependent upon valid justifications.

144.A migrant worker whose travel to and from their State of origin is paid for by the Government of Seychelles as per the terms and conditions of their contract, shall be entitled to an excess baggage allowance of 25kg by air, with the same allowance provided for the migrant worker’s spouse. No additional allowance is provided for the migrant worker’s children.

145.In the case of migrant worker who qualifies for government accommodation and does not receive the same — and will therefore have to rent private accommodation —, the migrant worker is eligible to receive a housing allowance. The housing allowance has an upwards limit of SR 4,500, but can be increased in exceptional circumstances.

146.Upon arrival into the country, a migrant worker who is entitled to accommodation shall be accommodated in a hotel or guesthouse approved by the Government on full board terms until the allocation of appropriate housing. The migrant worker contributes monetarily towards a small portion of the hotel expenses (RS100 at the lower end for the migrant worker alone, and RS250 at the highest for the migrant worker, their spouse, and more than two children).

147.A migrant worker in the Public Service is paid extra remuneration in addition to the basic salary of a Public Service employee.

148.The Government of Seychelles has entered into bilateral agreements with countries — such as India, Sri Lanka, Mauritius, Cuba and China — for the recruitment of migrant workers in fields such as health, sports, culture, agriculture and education.

Procedures or institutions representing migrant workers and their families

149.A faith-based NGO, the Office for Migrants and Itinerants, have representatives of migrant workers and members of their families in them. In public institutions, migrant workers may be members of committees and boards in their capacity as experts. However, there are no specific requirements for them to be represented; their membership is done on an ad hoc basis.

Right to equality of treatment with nationals of the State of employment

150.Refer to Article 25. Migrant workers are treated on the same basis as nationals of Seychelles with regard to laws and regulations related to employment.

Protection of the unity of the family

151.Whether a migrant worker travels with his family depends on his or her contract of employment. Once in Seychelles migrant families receive the same protection as local families.

152.The Constitution also refers the family institution specifically in Article 32, where it is stipulated that “The State recognizes that the family is the natural and fundamental element of society and the right of everyone to form a family and undertakes to promote the legal, economic and social protection of the family”.

153.Migrant workers and their families can access all services provided to nationals by the social services division to support and protect families. These services are offered free of charge.

Annex I

Statistics from the Ministry of Labour and Human Resource Development, Policy Planning & Research Section

Table 1Occupational accidents reported by sector, industry and gender from January to December 2013

Industries and s ectors	Female	Male	Total
Parastatal
Transport and c ommunication	1	11	12
Business s ervice	0	0	0
Public s ervice	0	0	0
Manufacturing	0	0	0
Trade and c ommerce	0	0	0
Total	1	11	12
Private
Agriculture, f ishing and f orestry	0	0	0
Transport and c ommunication	4	34	38
Hotel and r estaurant	3	4	7
Construction and q uarrying	0	8	8
Manufacturing	7	10	17
Business s ervice	1	1	2
Total	15	57	72
Public
Public s ervice	6	9	15
Total	6	9	15
Grand total	22	77	99

Source: Labour Monitoring and Compliance Section, MLHRD .

Table 2Occupational accidents reported by sector, industry and gender from January to December 2014

Industries and s ectors	Female	Male	Total
Parastatal
Transport and c ommunication	3	7	10
Business s ervice	0	0	0
Public s ervice	0	2	2
Manufacturing	0	0	0
Trade and c ommerce	0	0	0
Total	3	9	12
Private
Agriculture, f ishing and f orestry	0	5	5
Transport and c ommunication	0	16	16
Hotel and r estaurant	6	5	11
Construction and q uarrying	0	13	13
Manufacturing	2	10	12
Business s ervice	1	10	11
Total	9	59	68
Public
Public s ervice	3	6	9
Total	3	6	9
Grand total	15	74	89

Source : L abour Monitoring and Compliance Section, MLHRD .

Table 3Mediation cases dealt with by status from January to August 2013

Status	Total
Settled	143
No settlement reached and certificate issued	313
Dismissed	6
Withdrawn	26
Total	488

Table 4Registered grievance cases by industry and gender from January to August 2013

I ndustry	Grievance cases based on reasons other than termination and redundancy	Grievance cases based on termination on grounds of misconduct	Total
M	F	M	F	M	F	T otal
Agriculture, f ishing & f orestry	5	1	-	1	5	2	7
Manufacturing	4	-	3	-	7	0	7
Mining & q uarrying	3	-	3	1	6	1	7
Construction	117	3	8	-	125	3	128
Electricity & w ater	2	-	9	-	11	0	11
Trade, c ommerce & r epairs	6	4	19	18	25	22	47
Hotels & r estaurants	23	17	23	42	46	59	105
Transport & s torage	6	2	5	5	11	7	18
Administrative & s upport s ervice a ctivities	3	3	14	3	17	6	23
Information & c ommunication	2	5	-	-	2	5	7
Health & s ocial w ork	-	-	-	2	0	2	2
Education	-	1	-	2	0	3	3
Public a dministration & d efense	1	-	-	-	1	0	1
Financial i ntermediation	-	-	2	4	2	4	6
Real e state, r enting & b usiness	10	3	7	8	17	11	28
Others s ervices	14	16	12	10	26	26	52
Total	196	55	105	96	301	151	452
Grand t otal	251	201	452

Table 5Mediation cases dealt with by complaint type and offenders from January to August 2013

Complaint type	Adult	Youth a	Company	Total
Adjustment of salary as per minimum wage	8	5	-	13
Annual leave	7	-	-	7
Unpaid salary	107	16	1	124
Allowances/ b onus	1	1	-	2
Days off	2	-	-	2
Public h olidays	-	1	-	1
Unauthorized deduction	6	-	-	6
Overtime	2	-	-	2
Maternity leave	-	-	-	0
Warning	15	1	-	16
Notice	1	-	28	29
Compensation for length of service	5	-	-	5
Unjustified termination by employer	143	55	-	198
Service charge	-	-	-	0
Variation of contract	2	-	-	2
Moral damages	1	-	-	1
Total	300	79	29	408

a Youths aged 15-24 years.

Table 6Prosecuted cases by type of complaint, court and offenders from January to August 2013

Complaint t ype by court	Adult	Youth *	Company	Total	G. Total
Failing to submit documents at competent officer’s request	Magistrate court	0	0	0	0	24
Employment Tribunal	0	0	24	24
Failing to comply with the negotiation p rocedure	Magistrate court	0	0	0	0	30
Employment Tribunal	0	0	30	30
Failing to comply with the direction of the competent officer	Magistrate court	2	0	73	75	102
Employment Tribunal	0	0	27	27
Failing to comply with the decision of the Minister	Magistrate court	2	0	51	53	71
Employment Tribunal	0	0	18	18
Failing to issue certificate of employment	Magistrate court	0	0	0	0	2
Employment Tribunal	0	0	2	2
Total	Magistrate court	4	0	124	128	229
Employment Tribunal	0	0	101	101

Table 7Employment Tribunal cases from January to August 2013

Status	January	February	March	April	May	June	July	August	Total
Registered	13	16	14	17	20	31	30		141
Completed	15	11	15	20	20	18	18		117
Adjourned for continuation	11	7	2	2	6	9	9		N/A
Adjourned for j udgment	4	8	2	14	8	10	3		N/A
Adjourned for mention	85	160	182	166	156	176	171		N/A
Monitored	45	39	39	45	40	35	37		N/A
Enforcement	11	11	15	13	20	18	11		N/A
Warrants issued	8	5	4	8	8	5	15		N/A
Summons issued	5	0	2	2	8	5	4		N/A