Seychelles 1993 (rev. 2017) Subsequently amended

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PART I. SEYCHELLOIS CHARTER OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

1. Prohibition of cruel treatment, Prohibition of torture, Human dignity
   Every person has a right to be treated with dignity worthy of a human being and not to be subjected to torture, cruel, inhuman or degrading treatment or punishment.
Prohibition of slavery
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1. Every person has a right not to be held in slavery or bondage.
2. Every person has a right not to be compelled to perform forced or compulsory labour.
3. Labour forced or compelled to be performed pursuant to a law necessary in a democratic society does not infringe clause (2).

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1. Every person has a right to liberty and security of the person.
2. The restriction, in accordance with fair procedures established by law, of the right under clause (1) in the following cases shall not be treated as an infringement of clause (1)-
   1. the arrest or detention in execution of a sentence or other lawful order of a court;
   2. the arrest or detention on reasonable suspicion of having committed or of being about to commit an offence for the purposes of investigation or preventing the commission of the offence and of producing, if necessary, the offender before a competent court;
   3. the arrest or detention to prevent the spread of infectious or contagious diseases which constitute a serious threat to public health;
   4. Drugs, alcohol, and illegal substances
      the arrest or detention for the treatment and rehabilitation of a person who is, or reasonably suspected to be, of unsound mind or addicted to drugs to prevent harm to that person or to the community.
   5. Extradition procedure, Restrictions on entry or exit, Power to deport citizens
      the arrest or detention for the purpose of preventing the unauthorized entry into Seychelles of a person, not being a citizen of Seychelles, or for the purpose of deportation or extradition of that person;
   6. the detention for the rehabilitation and welfare of a minor with the consent of the parent or guardian or of the Attorney-General where such detention is ordered by a competent court.
3. Protection from self-incrimination, Right to counsel, Privileges for juveniles in criminal process, Trial in native language of accused
   A person who is arrested or detained has a right to be informed at the time of the arrest or detention or as soon as is reasonably practicable thereafter in, as far as is practicable, a language that the person understands of the reason for the arrest or detention, a right to remain silent, a right to be defended by a legal practitioner of the person's choice and, in the case of a minor, a right to communicate with the parent or guardian.
4. A person who is arrested or detained shall be informed at the time of the arrest or detention or as soon as is reasonably practicable thereafter of the rights under clause (3).
5. Protection from unjustified restraint
   A person who is arrested or detained, if not released, shall be produced before a court within twenty-four hours of the arrest or detention or, having regard to the distance from the place of arrest or detention to the nearest court or the non-availability of a judge or magistrate, or force majeure, as soon as is reasonably practicable after the arrest or detention.
6. Right to speedy trial
   A person charged with an offence has a right to be tried within a reasonable time.
7. Right to pre-trial release
   A person who is produced before a court shall be released, either unconditionally or upon reasonable conditions, for appearance at a later date for trial or for proceedings preliminary to a trial except where the court, having regard to the following circumstances, determines otherwise-
   1. where the court is magistrates' court, the offence is one of treason or murder;
   2. the seriousness of the offence;
   3. there are substantial grounds for believing that the suspect will fail to appear for the trial or will interfere with the witnesses or will otherwise obstruct the course of justice or will commit an offence while on release;
   4. there is a necessity to keep the suspect in custody for the suspect's protection or where the suspect is a minor, for the minor's own welfare;
   5. the suspect is serving a custodial sentence;
   6. the suspect has been arrested pursuant to a previous breach of the conditions of release for the same offence.
8. A person who is detained has the right to take proceedings before the Supreme Court in order that the Court may decide on the lawfulness of the detention and order the release of the person if the detention is not lawful.
9. Proceedings under clause (8) shall be dealt with as a matter of urgency by the Supreme Court and shall take priority over other proceedings of the Court listed for hearing on that day.
10. Protection from false imprisonment
    A person who has been unlawfully arrested or detained has a right to receive compensation from the person who unlawfully arrested or detained that person or from any other person or authority, including the State on whose behalf or in the course of whose employment the unlawful arrest or detention was made or from both of them.
11. A person who has not been convicted of an offence, if kept or confined in a prison or place of detention, shall not be treated as a convicted person and shall be kept away from any convicted person.
12. Privileges for juveniles in criminal process
    An offender or a suspect who is a minor and who is kept in lawful custody or detention shall be kept separately from any adult offender of suspect.
13. A female offender or suspect who is kept in lawful custody or detention shall be kept separately from any male offender or suspect.
14. Where a person is convicted of any offence, any period which the person has spent in custody in respect of the offence shall be taken into account by the court in imposing any sentence of imprisonment for the offence.
15. Rights of debtors
    A person shall not be imprisoned merely on the ground of the inability to fulfill a contractual obligation.
16. Clause (15) shall not limit the powers of a court under any law in enforcing is orders.
Right to fair trial
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1. Right to speedy trial, Judicial independence
   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.
2. Every person who is charged with an offence-
   1. Presumption of innocence in trials
      is innocent until the person is proved or has pleaded guilty;
   2. Trial in native language of accused
      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;
   3. shall be given adequate time and facilities to prepare a defence to the charge;
   4. Right to counsel
      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;
   5. Right to examine evidence/witnesses
      has a right to examine, in person or by a legal practitioner, the witnesses called by the prosecution before any court, and to obtain the attendance and carry out the examination of witnesses to testify on the person's behalf before the court on the same conditions as those applying to witnesses called by the prosecution;
   6. Trial in native language of accused
      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;
   7. Protection from self-incrimination
      shall not be compelled to testify at the trial or confess guilt;
   8. Protection from self-incrimination
      shall not have any adverse inference drawn from the exercise of the right to silence either during the course of the investigation or at the trial; and
   9. shall, except with the person's own consent, not be tried in the person's absence unless the person's conduct renders the continuance of the proceedings in the person's presence impracticable and the court has ordered the person to be removed and the trial to proceed in the person's absence.
3. When a person is tried for any offence that person or any other person authorised by that person in that behalf shall, if either of them so requires and subject to payment of such reasonable fee as may be specified by or under any law, be given as soon as is practicable after judgment a copy for the use of that person of any record of the proceedings made by or on behalf of the court.
4. Principle of no punishment without law, Protection from ex post facto laws
   Except for the offence of genocide or an offence against humanity, a person shall not be held to be guilty of an offence on account of any act or omission that did not, at the time it took place, constitute an offence, and a penalty shall not be imposed for any offence that is more severe in degree or description than the maximum penalty that might have been imposed for the offence at the time when it was committed.
5. Prohibition of double jeopardy
   A person who shows that the person has been tried by a competent court for an offence and either convicted or acquitted shall not be tried again for that offence or for any other offence of which the person could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
6. A person shall not be tried for an offence if the person shows that the person has been pardoned for that offence in accordance with an Act made pursuant to article 60(2).
7. Judicial independence
   Any court or other authority required or empowered by law to determine the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other authority the case shall be given a fair hearing within a reasonable time.
8. Right to public trial
   Subject to a clause (9), all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any court or other authority, including the announcement of the decision of the court or other authority, shall be held in public.
9. Anything in clause (8) shall not prevent the court or other authority from excluding from the proceedings, except for the announcement of the decision of the court or other authority, persons other than the parties thereto, their legal representatives and legal practitioners to such extent as the court or other authority-
   1. Privileges for juveniles in criminal process
      may by law be empowered so to do and may consider necessary in the circumstances where publicity would prejudice the interests of justice, or interlocutory proceedings, or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the privacy of persons concerned in the proceedings; or
   2. may by law be empowered or required to do so in interests of defence, public safety or public order.
10. Anything contained in or done under the authority of any law necessary in a democratic society shall not be held to be inconsistent with or in contravention of-
    1. clause (1), (2) (e) or (8), to the extent that the law in question makes necessary provision relating to the grounds of privilege or public policy on which evidence shall not be disclosed or witnesses are not competent or cannot be compelled to give evidence in any proceedings;
    2. clause (2) (a), to the extent that the law in question imposes upon any person charged with an offence the burden of proving particular facts or declares that the proof of certain facts shall be prima facie the offence or of any element thereof;
    3. clause (2) (e), to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf on an accused person are to be paid their expenses out of public funds;
    4. clause (5), to the extent that the law in question authorizes a court to try a member of a disciplinary force for an offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting the member shall in sentencing the person to any punishment take into account any punishment awarded the member under that disciplinary law.
11. Right to appeal judicial decisions
    Every person convicted of an offence shall be entitled to appeal in accordance with law against the conviction, sentence and any order made on the conviction.
12. For the purposes of clause 2(i), a person who has, in accordance with law, been served with a summons or other process requiring the person to appear at the time and place appointed for the trial and who does not so appear shall be deemed to have consented to the trial taking place in the person's absence.
13. Protection from false imprisonment
    Every person convicted of an offence and who has suffered punishment as a result of the conviction shall, if it is subsequently shown that there has been a serious miscarriage of justice, be entitled to be compensated by the State according to law.
Regulation of evidence collection, Right to privacy
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1. Every person has a right not to be subjected-
   1. without the consent of that person, to the search of the person or property or premises of that person or to the lawful entry by others on the premises of that person;
   2. without the consent of the person or an order of the Supreme Court, to the interception of the correspondence or other means of communication of that person either written, oral or through any medium.
2. Anything contained in or done under the authority of any law shall not be held to be inconsistent with or in contravention of clause (1) (a) to the extent that the law in question makes provision-
   1. that is reasonably required in the interest of defence, public safety, public order, public morality, public health, the administration of Government, town and country planning, nature conservation and the economic development and well-being of the country;
   2. that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
   3. that authorises an officer or agent of the Government or a local authority, or a body corporate established by law for public purposes, to enter on the premises of any person in order to inspect or value those premises or anything therein for the purpose of any tax, rate, due or duty or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government or that authority or body corporate, as the case may be; or
   4. that authorises, for the purpose of enforcing of the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or the entry upon any premises by such order; except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be necessary in a democratic society.
Freedom of opinion/thought/conscience, Freedom of religion
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1. Every person has a right to freedom of conscience and for the purpose of this article this right includes freedom of thought and religion, freedom to change religion or belief and freedom 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.
2. The freedom to manifest and propagate a religion or belief may be subject to such limitations as may be prescribed by a law and necessary in a democratic society-
   1. in the interests of defence, public safety, public order, public morality or public health; or
   2. for the purpose of protecting the rights or freedoms of other persons.
3. A person attending any place of education shall not be compelled to impart or receive religious instruction or to take part in or attend any religious ceremony or observance.
4. Subject to this Constitution or any other law, a person shall not be compelled to take any oath that is contrary to the religion or belief of that person or to take any oath in a manner that is contrary to that religion or belief.
5. A person shall not be required to profess any religion as a qualification for public office.
6. A law shall not make provision for the establishment of any religion or the imposition of any religious observance.
7. Anything in this article shall not preclude any religious community or denomination from providing religious instruction for persons of that community or denomination in the course of any education provided by that community or denomination.
Freedom of expression
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1. Every person has a right to freedom of expression and for the purpose of this article this right includes the freedom to hold opinions and to seek, receive and impart ideas and information without interference.
2. The right under clause (1) may be subject to such restrictions as may be prescribed by a law and necessary in a democratic society-
   1. in the interest of defence, public safety, public order, public morality or public health;
   2. Right to protect one's reputation
      for protecting the reputation, rights and freedoms or private lives of persons;
   3. for preventing the disclosure of information received in confidence;
   4. for maintaining the authority and independence of the courts or the National Assembly;
   5. Telecommunications, Television, Radio
      for regulating the technical administration, technical operation, or general efficiency of telephones, telegraphy, posts, wireless broadcasting, television, or other means of communication or regulating public exhibitions or public entertainment; or
   6. Television
      for the imposition of restrictions upon public officers.
Freedom of assembly, Freedom of association
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1. Right to join trade unions, Right to form political parties
   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.
2. Restrictions on political parties
   The right under clause (1) may be subject to such restrictions as may be prescribed by a law and necessary in a democratic society-
   1. in the interests of defence, public safety, public order, public morality or public health;
   2. in respect of the registration of associations or political parties;
   3. for the protection of the right and freedoms of other persons,
   4. for imposition of restrictions-
      1. on persons who are not citizens of Seychelles; or
      2. Restrictions on the armed forces
         on public officers or members of the disciplinary forces.

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1. Subject to this Constitution, every citizen of Seychelles who has attained the age of eighteen years has a right-
   1. to take part in the conduct of public affairs either directly or through freely chosen representatives;
   2. Claim of universal suffrage, Restrictions on voting, Secret ballot, Minimum age for first chamber
      to be registered as a voter for the purpose of and to vote by secret ballot at public elections which shall be by universal and equal suffrage;
   3. to be elected to public; office; and
   4. Civil service recruitment
      to participate on general terms and equality, in public service.
2. The exercise of the rights under clause (1) may be- regulated by a law necessary in a democratic society.
Freedom of movement, Power to deport citizens
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1. 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.
2. 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.
3. The right under clause (1) may be subject to such restrictions as are prescribed by a law necessary in a democratic society-
   1. in the interests of defence, public safety, public order, public morality or public health;
   2. for protecting the rights and freedoms of other persons;
   3. for the prevention of a crime or compliance with an order of a court;
   4. Extradition procedure
      for extradition of persons from Seychelles; or
   5. for lawful removal of persons who are not citizens of Seychelles from Seychelles.
4. Extradition procedure
   A law providing for the extradition of persons from Seychelles shall not authorise the extradition to a country in respect of an offence punishable with death in that country unless that country undertakes not to carry into effect a sentence of death in respect of the offence.
5. A law providing for the lawful removal from Seychelles of persons lawfully present in Seychelles shall provide for the submission, prior to removal, of the reasons for the removal and for review by a competent authority of the order of removal.
Right to transfer property, Right to own property
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1. 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.
2. The exercise of the right under clause (1) may be subject to such limitations as may be prescribed by law and necessary in a democratic society-
   1. in the public interest;
   2. for the enforcement of an order or judgment of a court in civil or criminal proceedings;
   3. in satisfaction of any penalty, tax, rate, duty or due;
   4. Drugs, alcohol, and illegal substances
      in the case of property reasonably suspected of being acquired by the proceeds of drug trafficking or serious crime;
   5. in respect of animals found trespassing or straying;
   6. in consequence of a law with respect to limitation of actions or acquisitive prescription;
   7. with respect to property of citizens of a country at war with Seychelles;
   8. with regard to the administration of the property of persons adjudged bankrupt or of persons who have died or of persons under legal incapacity; or
   9. Ownership of natural resources
      for vesting in the Republic of the ownership of underground water or unextracted oil or minerals of any kind or description.
3. Protection from expropriation
   A law shall not provide for the compulsory acquisition or taking of possession of any property by the State unless-
   1. reasonable notice of the intention to compulsory acquire or take possession of the property and of the purpose of the intended acquisition or taking of possession are given to persons having an interest or right over the property;
   2. the compulsory acquisition or taking of possession is necessary in the public interest for the development or utilization of the property to promote public welfare or benefit or for public defence, safety, order, morality or health or for town and country planning;
   3. there is reasonable justification for causing any hardship that may result to any person who has an interest in or over the property;
   4. the State pays prompt and full compensation for the property;
   5. any person who has an interest or right over the property has a right of access to the Supreme Court whether direct or on appeal from any other authority for the determination of the interest of the interest or right, the legality of the acquisition or taking of possession of the property, the amount of compensation payable to the person and for the purpose of obtaining prompt payment of compensation.
4. Protection from expropriation
   Where the property acquired by the State under this article is not used, within a reasonable time, for the purpose for which it was acquired, the State shall give, to the person who owned it immediately before the acquisition of the property, an option to buy the property.
5. A law imposing any restriction on the acquisition or disposal of property by a person who is not a citizen of Seychelles shall not be held to be inconsistent with clause (1).
General guarantee of equality
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1. 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 discrimination on any ground except as is necessary in a democratic society.
2. Clause (1) shall not preclude any law, programme or activity which has as its object the amelioration of the conditions of disadvantaged persons or groups.
Right to information
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1. The State recognises the right of access of every person to information relating to that person and held by a public authority which is performing a governmental function and the right to have the information rectified or otherwise amended, if inaccurate.
2. The right of access to information contained in clause (1) shall be subject to such limitations and procedures as may be prescribed by law and are necessary in democratic society including-
   1. for the protection of national security;
   2. for the prevention and detection of crime and the enforcement of law;
   3. for the compliance with an order of a court or in accordance with a legal privilege;
   4. for the protection of the privacy or rights or freedoms of others;
3. The State undertakes to take appropriate measures to ensure that information collected in respect of any person for a particular purpose is used only for that purpose except where a law necessary in a democratic society or an order of a court authorises otherwise.
4. The State recognises the right of access by the public to information held by a public authority performing a governmental function subject to limitations contained in clause (2) and any law necessary in a democratic society.
Right to health care
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1. The State recognises the right of every citizen to protection of health and to the enjoyment of attainable standard of physical and mental health and with a view to ensuring the effective exercise of this right the State undertakes-
   1. to take steps to provide for free primary health care in State institutions for all its citizens.
   2. to take appropriate measures to prevent, treat and control epidemic and other diseases;
   3. to take steps to reduce infant mortality and promote the healthy development of the of the child;
   4. to promote individual responsibility in health matters;
   5. to allow, subject to such supervision and conditions as are necessary in a democratic society, for the establishment of private medical services.
2. The State recognises the unique status and natural maternal functions of women in society and undertakes as a result to take appropriate measures to ensure that a working mother is afforded special protection with regard to paid leave and her conditions at work during such reasonable period as provided by law before and after childbirth.
3. Rights of children, State support for children
   The State recognises the right of children and young persons to special protection in view of their immaturity and vulnerability and to ensure effective exercise of this right the State undertakes-
   1. Limits on employment of children
      to provide that the minimum age of admission to employment shall be fifteen years, subject to exceptions for children who are employed part-time in light work prescribed by law without harm to their health, morals or education;
   2. Limits on employment of children
      to provide for a higher minimum age of admission to employment with respect to occupations prescribed by law which the State regards as dangerous, unhealthy or likely to impair the normal development of a child or young person;
   3. Limits on employment of children
      to ensure special protection against social and economic exploitation and physical and moral dangers to which children and young persons are exposed;
   4. to ensure, save in exceptional and judicially recognized circumstances, that a child of young age is not separated from his parents.

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1. Right to found a family
   The State recognises 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.
2. The right contained in clause (1) may be subject to such restrictions as may be prescribed by law and necessary in a democratic society including the prevention of marriage between persons of the same sex or persons within certain family degrees.
4. The State recognises the right of every citizen to education and with a view to ensuring the effective realization of this right undertakes-
   1. Compulsory education, Free education
      to provide compulsory education, which shall be free in State schools, for such minimum period, which shall not be less than ten years, as may be prescribed by law;
   2. to ensure that the educational programmes in all schools are aimed at the complete development of the person;
   3. Access to higher education
      to afford, on the basis of intellectual capability, every citizen equal access to educational opportunities and facilities beyond the period of compulsory education;
   4. to allow, subject to such reasonable restrictions, supervision and conditions as are necessary in a democratic society, any person, organization or institution to establish and maintain a private school;
   5. Rights or duties of parents
      to respect the right of parents to choose whether to send their children to a State or private school.
5. Right to shelter
   The State recognises the right of every citizen to adequate and decent shelter conducive to health and well-being and undertakes either directly or through or with the co-operation of public or private organizations to facilitate the effective realization of this right.
6. Right to work
   The State recognises the right of every citizen to work and to just and favourable conditions of work and with a view to ensuring the effective exercise of these rights the State undertakes-
   1. to take necessary measures to achieve and maintain a high and stable level of employment, as is practicable, with a view to attaining full employment;
   2. Right to choose occupation
      subject to such restrictions as are necessary in a democratic society, to protect effectively the right of a citizen to earn a dignified living in a freely chosen occupation, profession or trade;
   3. to promote vocational guidance and training;
   4. Right to just remuneration, Right to rest and leisure, Right to safe work environment, Right to reasonable standard of living
      to make and enforce statutory provisions for safe, healthy and fair conditions of work, including reasonable rest, leisure, paid holidays, remuneration which guarantees, as a minimum, dignified and decent living conditions for the workers and their families, fair and equal wages for work of equal value without distinction and stability of employment.
   5. to promote machinery for voluntary negotiations between employers and workers or their organizations with a view to the regulation of conditions of employment by means of collective agreements;
   6. to promote the establishment and use of appropriate machinery for conciliation and voluntary arbitrations for the settlement of labour disputes;
   7. Right to strike, Right to join trade unions
      subject to such restrictions as are necessary in a democratic society, and necessary for safeguarding public order, for the protection of health or morals and the rights and freedoms of others, to ensure the right of workers to organise trade unions and to guarantee the right to strike.
7. State support for the disabled, State support for the elderly
   The Stated recognises the right of the aged and the disabled to special protection and with a view to ensuring the effective exercise of this right undertakes-
   1. to make reasonable provision for improving the quality of life and for the welfare and maintenance of the aged and disabled;
   2. to promote programmes specifically aimed at achieving the greatest possible development of the disabled.
8. State support for the unemployed
   The State recognises the right of every citizen to a decent and dignified existence and with a view to ensuring that its citizens are not left unprovided for by reason of incapacity to work or involuntary unemployment undertakes to maintain a system of social security.
9. Protection of environment
   The State recognises the right of every person to live in and enjoy a clean, healthy and ecologically balanced environment and with a view to ensuring the effective realization of this right the State undertakes-
   1. to take measures to promote the protection, preservation and improvement of the environment
   2. to ensure a sustainable socio-economic development of Seychelles by a judicious use and management of the resources of Seychelles;
   3. to promote public awareness of the need to protect, preserve and improve the environment.

PART II. FUNDAMENTAL DUTIES

1. It shall be the duty of every citizen of Seychelles-
   1. Duty to obey the constitution
      to uphold and defend this Constitution and the law;
   2. to further the national interest and to foster national unity;
   3. Duty to work
      to work conscientiously in a chosen profession, occupation or trade;
   4. to contribute towards the well-being of the community;
   5. Protection of environment
      to protect, preserve and improve the environment; and
   6. generally, to strive towards the fulfillment of the aspirations contained in the Preamble of this Constitution.

PART III. STATE OF EMERGENCY AND SAVINGS

PART IV. REMEDIES

1. This Chapter shall not be interpreted so as to confer on any person or group the right to engage in any activity aimed at the suppression of a right or freedom contained in the Charter.

PART V. PRINCIPLES OF INTERPRETATION

1. Where a right or freedom contained in this Charter is subject to any limitation, restriction or qualification, that limitation, restriction or qualification-
   1. shall have no wider effect than is strictly necessary in the circumstances; and
   2. shall not be applied for any purpose other than that for which it has been prescribed.
2. International law
   This Chapter shall be interpreted in such a way so as not to be inconsistent with any international obligations of Seychelles relating to human rights and freedoms and a court shall, when interpreting the provision of this Chapter, take judicial notice of-
   1. the international instruments containing these obligations;
   2. the reports and expression of views of bodies administering or enforcing these instruments;
   3. the reports, decisions or opinions of international and regional institutions administering or enforcing Conventions on human rights and freedoms;
   4. the Constitutions of other democratic States or nations and decisions of the courts of the States or nations in respect of their Constitutions.
3. In this Chapter, unless the context otherwise requires-
   • "Charter" or "Seychellois Charter of Fundamental Human Rights and Freedoms" means Part 1 of this Chapter;

     "contravene", in relation to a requirement or condition in this Chapter, includes a failure to comply with the requirement or condition;

     "court" means any court of law or tribunal having jurisdiction in Seychelles excepting, save as in articles 19 and 46, a court established by or under a disciplinary law;

     "democratic society" means a pluralistic society in which there is tolerance, proper regard for the fundamental human rights and freedoms and the rule of law and where there is a balance of power among the Executive, Legislature and Judiciary;

     "disciplinary force" means-

     1. a naval, military or air force;
     2. the police force of Seychelles;
     3. the prison service of Seychelles;
     4. any other similar force established by law.

     "disciplinary law" means a law regulating the discipline of a disciplinary force;

     "governmental authority" includes a department, division, agency or instrumentality of the Government and any statutory body or body set up by administrative action for governmental or official purposes;

     "legal practitioner" mean a person lawfully in or entitled to be in Seychelles and entitled to practice law in Seychelles;

     "member", in relation to a disciplinary force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline;

     "minor" means an individual who has not attained the age of eighteen years;

     Emergency provisions

     "period of public emergency" means any period during which-

     1. Seychelles is at war; or
     2. a declaration made under article 41 is in force;
     3. "person" means an individual or a body corporate;

     "public officer" includes a person employed by a governmental authority.

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PART I. NATIONAL ASSEMBLY

1. Structure of legislative chamber(s)
   There shall be a National Assembly of Seychelles.
2. First chamber selection
   The National Assembly shall consist of-
   1. such number of members directly elected in accordance with-
      1. this Constitution; and
      2. subject to this Constitution, an Act,

      as is equal to the number of electoral areas;

   2. not more than 10 members elected on the basis of the scheme of proportional representation specified in Schedule 4.
First chamber selection
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1. Scheduling of elections
   A general election shall be held during the period starting at the beginning of the fifty-seventh month and ending at the end of the fifty-ninth month of a session of the National Assembly.
2. Replacement of legislators
   Where a person ceases to be a directly elected member of the National Assembly under article 81, a by-election shall be held within 30 days of the person ceasing to be a member of the Assembly unless the cessation occurred within three months before the beginning of the period within which a general election is required to be held under clause (1).
3. Secret ballot
   Subject to clause (4), a directly elected member of the National Assembly shall be directly elected by secret ballot by persons entitled to vote under this Constitution.
4. Where immediately before the day appointed for the holding of an election there is only one candidate for election for an electoral area and that candidate has, since the day immediately following the day of the closing of the nominations for that area, been the sole candidate for the area, no ballot shall be held and-
   1. all the persons who were entitled to vote at the election in the electoral area shall be deemed to have cast their votes in favour of the candidate; and
   2. the Electoral Commission shall declare the candidate to be the directly elected member for the electoral area.
5. Where on the day immediately following the day of closing of nominations for an electoral area more than one candidate stand nominated for that area and on the day immediately before the day of election only one candidate stands nominated by reason of the withdrawal of nomination of other candidates or no candidate stands nominated by reason of the withdrawal of nomination of all the candidates the election shall be postponed and a further period of not less than seven days shall be allowed for nomination of other candidates for that area.
6. Where on the day immediately following the day of closing of nominations for an electoral area one or more candidates stand nominated for that area and one or more of them die before the day of election, the election shall be postponed and a further period of not less than seven days from the date of death of the candidate shall be allowed for nomination of other candidates for that area.
7. The election postponed pursuant to clause (5) or (6) shall be held on such date as the Electoral Commission may decide but, in any case, not later that thirty days of the occurrence of the event specified in those clauses which occurred last and the candidates nominated pursuant, to those clauses shall, notwithstanding their withdrawal, be deemed to be the candidates for that election.
8. A law may provide for any matter, not otherwise provided for in this Constitution, which is necessary or required to ensure a true, fair and effective election of members of the National Assembly.
3. Eligibility for first chamber
   A person is qualified to be elected as a member of the National Assembly if-
   1. Minimum age for first chamber
      the person is qualified to vote at a Presidential or National Assembly election under this Constitution; and
   2. Outside professions of legislators
      the person does not hold or act in any office the functions of which involve-
      1. any responsibility for, or in connection with, the conduct of the National Assembly election for which the person wishes to stand; or
      2. any responsibility for the compilation or revision of an electoral register for that National Assembly election.

PART II. LEGISLATIVE POWER AND ITS EXERCISE

1. The legislative power of Seychelles is vested in the National Assembly and shall be exercised subject to and in accordance with this Constitution.

86

1. The legislative power vested in the National Assembly shall be exercised by Bills passed by the Assembly and assented to or deemed to have been assented to by the President.
2. Unless it is otherwise provided in this Constitution, a Bill is passed by the Assembly if it is supported at all the stages at which it is as a whole put to the vote of the Assembly by a majority of the members present and voting.
3. Repealed.
4. Subject to article 87, where a Bill is presented to the President for assent, the President shall, within fourteen days of the presentation of the Bill, assent, or, in accordance with this Part, withhold assent, to the Bill.
5. The President shall, as soon as practicable, cause a Bill which has been passed and assented to or deemed to have been assented to in accordance with this Constitution to be published in the Gazette whereupon it shall become law.
6. A Bill passed by the National Assembly and assented to or deemed to have been assented to by the President shall be styled an "Act" and the words of enactment shall be "Enacted by the President and the National Assembly".
Approval or veto of general legislation, Constitutional interpretation, Constitutionality of legislation
87
1. Where the President is of the opinion that a Bill presented for assent infringes or may infringe this Constitution, the President shall not assent to the Bill and, as soon as is practicable within fourteen days of the presentation of the Bill --
   1. advise the Speaker accordingly; and
   2. refer the Bill to the Constitutional Court for a decision in this respect.
2. Where the President refers a Bill to the Constitutional Court under clause (1), the President shall not, until the Court has made its decision on the Bill, be treated, for the purposes of article 88, as having withheld assent to the Bill.
3. Where a Bill has been referred to the Constitutional Court under clause (1), the President shall not assent to it and the National Assembly shall not proceed under article 88(2) until the Court has pronounced its decision thereon.
4. Where the Constitutional Court decides that a Bill referred to it under clause (1) does not infringe this Constitution, the Court shall forthwith inform the President and the Speaker in writing accordingly and the period under article 86(2) within which the President is required to assent to a Bill shall start to run from the date of the decision of the Court.
5. Where the Constitutional Court decides that a Bill referred to it under clause (1) infringes this Constitution, the Court shall forthwith inform the President and the Speaker in writing accordingly and the President shall return the Bill to the Speaker.
Veto override procedure, Approval or veto of general legislation
88
1. Where the President withholds, within the period provided in article 86(2), assent to a Bill, not being a Bill referred to in article 87(5), the President shall, in the case of a refusal, forthwith or, in any event, forthwith after the period of fourteen days referred to in article 86(2)-
   1. return the Bill to the Speaker; and
   2. inform the Speaker in writing of the reasons why the Bill has not been assented to.
2. Where the President has returned the Bill to the Speaker under clause (1)(a), the National Assembly may, at any time after a period of three months from the date by which the President should have assented to the Bill under article 86(2), by a notice approved by the votes of not less than two thirds of the number of members of the Assembly resolve that the Bill should again be presented for the President's assent.
3. Where a Bill is presented for the President's assent under clause (2), notwithstanding that the President withholds assent to the Bill, the President shall be deemed to have assented to the Bill at the expiration of the period of fourteen days referred to in article 86(2).
2. Articles 85 and 86 shall not operate to prevent an Act from conferring on a person or authority power to make subsidiary legislation.
3. Except on the recommendation of the President signified by the Minister for the time being responsible for finance, the National Assembly shall not-
   1. proceed on a Bill, including an amendment to a Bill, which, in the opinion of the person presiding or the Attorney-General provides-
      1. Tax bills
         for the imposition of taxation or the alteration of taxation otherwise than by reduction;
      2. Spending bills
         for the imposition of any charge on the Consolidated Fund or any other public fund of Seychelles or the alteration on any such charge otherwise than by reduction;
      3. for the payment, issue or withdrawal from the Consolidated Fund or any other fund of the Government of Seychelles of any moneys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or
      4. for the composition or remission of any debt due to the Government of Seychelles; or
   2. proceed upon any motion, including an amendment to a motion, the effect of which in the opinion of the person presiding or the Attorney-General is that provision would be made for any matter in paragraph (a)(i) to (iv).
   3. receive any petition, that, in the opinion of the person presiding, requests that provision be made for any matter in paragraph (a) (i) to (iv).

PART III. ALTERATION OF THE CONSTITUTION

PART IV. PROCEDURES IN THE NATIONAL ASSEMBLY

1. Public or private sessions
   Subject to the Standing Orders meetings of the National Assembly shall be open to the public and may be broadcast.
Leader of first chamber
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1. Subject to clause (2), the Speaker or, in the absence of the Speaker, the Deputy Speaker or, in their absence, a member elected by the National Assembly, shall preside over the deliberations of the Assembly.
2. The first meeting of a session of the Assembly shall, until the Speaker is elected, be presided over by the person who was the speaker or, in his absence, the Deputy Speaker immediately before that meeting.
2. Oaths to abide by constitution
   A member shall not take part in the proceedings of the National Assembly, other than the proceedings for the purposes of this article, until the member has taken and subscribed before the Assembly the oath of allegiance.
3. The National Assembly may act, notwithstanding any vacancy in its membership, including any vacancy not filled when the Assembly first meets after an election, and the presence or participation of a person not entitled to be present at, or to participate in, the proceedings of the Assembly shall not invalidate the proceedings.
4. Subject to this Constitution, the National Assembly may make Standing Orders for the regulation and orderly conduct of its proceedings and the discharge of business at sittings of the Assembly and for related purposes.
Immunity of legislators
102
1. There shall be freedom of speech and debate in the National Assembly and a member shall not be subject to the jurisdiction of any court or to any proceedings whatsoever, other than in proceedings in the Assembly, when exercising those freedoms or performing the functions of a member in the Assembly.
2. Where the National Assembly is in session an arrest shall not be effected against a member in a way which will interfere with the performance by the member of the functions of the member in the Assembly and, where proceedings are instituted against a member, the court or authority before which the proceeding are being conducted shall so conduct the proceedings as to allow the member to continue to perform the functions of the member in the Assembly.
5. A process issued by a court shall not be served or executed within the precincts of the National Assembly, as defined by or under an Act.

PART V. SESSIONS AND DISSOLUTION OF THE NATIONAL ASSEMBLY

1. Length of legislative sessions
   The President shall, by Proclamation published in the Gazette, summon the first meeting of the National Assembly in a session not later that four months after the end of the immediately preceding session of the Assembly.
2. Subject to article 109, each succeeding meeting of the National Assembly after the first meeting of the Assembly shall be held at such place and commence at such time as the Speaker may determine or as may be prescribed by the Standing Orders.
3. Extraordinary legislative sessions
   The President may, at any time by Proclamation published in the Gazette, summon a meeting of the National Assembly.
Dismissal of the legislature
110
1. The President may dissolve the National Assembly in accordance with this article.
2. Subject to clause (5), the President may, not more than once during a term of office of the President, for any reason which the President considers it to be in the national interest so to do, after giving seven days notice to the Speaker, by Proclamation published in the Gazette, dissolve the National Assembly and the Assembly shall stand dissolved on the day next following the publication of the Proclamation.
3. Subject to clause (5), where during a term of office of the President the President has once dissolved the National Assembly under clause (2) and the President is of the opinion that it is in the national interest to dissolve the Assembly once again, the President may, after giving to the Speaker-
   1. seven days' notice of the intention to dissolve the Assembly; and
   2. written notice of the President's intention to resign from office under article 52(5) on the publication of the Proclamation under this article, by Proclamation, published in the Gazette, dissolve the National Assembly and the Assembly shall stand dissolved and the President shall cease to hold office on the day next following the publication of the Proclamation.
4. Referenda
   Where-
   1. the National Assembly votes against any measure proposal of the Government and on a referendum a majority of the cast in the referendum supports the measure or proposal and Assembly, after the referendum, again votes against the measure proposal,
   2. a proposal to alter Chapter I, III, article 91, this article or article 111 has been approved on a referendum held pursuant to article 91 and a Bill to give effect to the proposal is not supported as required by article 91 (2) in the National Assembly,

   the President may, after giving seven days' notice to the Speaker, by Proclamation published in the Gazette, dissolve the National Assembly within thirty days of the Assembly voting against the measure or proposal under paragraph (a) or the Assembly not supporting the Bill under paragraph (b), as the case may be and the Assembly shall stand dissolved on the day next following the publication of the Proclamation.

5. Emergency provisions
   The President shall not dissolve the National Assembly under clause (2) or clause (3) during any period of public emergency in terms of article 49, where proceedings for the removal of the President under article 53 or article 54 have commenced, during the pendency of the proceedings.
4. Dismissal of the legislature
   Where the National Assembly at a meeting summoned for this purpose resolves by the affirmative votes of not less than two-thirds of the number of members of the Assembly that the Assembly be dissolved, the National Assembly shall stand dissolved on the day next following the passing of the resolution.

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PART I. GENERAL

PART II. COURT OF APPEAL

1. The Court of Appeal shall consist of-
   1. a President of the Court of Appeal and two or more other justices of Appeal; and
   2. the Judges who shall be ex-officio members of the Court.
2. Eligibility for supreme court judges
   A person is qualified for appointment as, or to discharge the functions of, the President of the Court of Appeal or a Justice of Appeal if, in the opinion of the Constitutional Appointments Authority, the person is suitably qualified in law and can effectively, competently and impartially discharge the functions of the office of Justice of Appeal under this Constitution.
3. Supreme court selection
   The President shall, by instrument under the Public Seal, appoint the President of the Court of Appeal and other Justices of Appeal from candidates proposed by the Constitutional Appointments Authority.

PART III. SUPREME COURT

1. Ordinary court selection
   The President shall, by instrument under the Public Seal, appoint the Judges and Masters of the Supreme Court from candidates proposed by the Constitutional Appointments Authority.

PART IV. CONSTITUTIONAL QUESTIONS

PART V. TERMS OF APPOINTMENT OF JUSTICES OF APPEAL AND JUDGES

PART VI. MISCELLANEOUS

1. Oaths to abide by constitution
   A Justice of Appeal, Judge or Master of the Supreme Court shall, before entering office, take and subscribe the oath of allegiance and such oath for the due performance of the functions of the office as may be prescribed by or under an Act.

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1. The President of the Court of Appeal may make Rules of the Court of Appeal.
2. The Chief Justice may make Rules of Court of the Supreme Court.
2. Acts may-
   1. Structure of the courts
      provide for the establishment of courts or tribunals which are subordinate to the Court of Appeal and Supreme Court, in this article referred to as "subordinate courts and tribunals",
   2. Ordinary court selection
      provide for the appointment to and removal from office of members of the subordinate courts and tribunals;
   3. define or provide for the definition of the jurisdiction and powers of the subordinate courts and tribunals;
   4. define or provide for the definition of the relationship among the subordinate courts or tribunals and the relationship between the subordinate courts or tribunals and the Supreme Court and the Court of Appeal;
   5. provide for the making of rules in respect of the subordinate courts and tribunals.
3. The Supreme Court shall have, and use as occasion requires, a seal bearing on it the device of the Public Seal of Seychelles surrounded by the words "Seal of the Supreme Court of Seychelles"

139

140

142

143

144

145

146

147

148

150

156

157

158

159

160

162

163

164

165

166

167

168

1. For the purposes of clause (1), the broadcasting media referred to in that clause shall, subject to this Constitution and any other law, afford opportunities and facilities for the presentation of divergent views.

PART I. ISLANDS OF THE SEYCHELLES ARCHIPELAGO

PART II. INNER AND OUTER ISLANDS

1

9

1

4

5

6

7

PART I. EXISTING OFFICERS AND OFFICES

1. In this Schedule, unless the context otherwise requires-
   • "Constitution Act" means the Constitution of the Republic of Seychelles (Preparation and Promulgation) Act, 1992;

     "Director of Elections" means the person holding office as Chairman of the Constitutional Commission immediately before the date of coming into force of this Constitution;

     "existing Constitution" means the Constitution contained in the Schedule to the Constitution of the Republic of Seychelles Decree, 1979;

     "existing law" means a law having effect as part of the laws of Seychelles immediately before the date of coming into force of this Constitution;

     "first Assembly election" means the first general election to elect members of the National Assembly under this Constitution;

     "first Presidential election" means the election of the first President of Seychelles under this Constitution;

     "the Regulations" means regulations made under paragraph 9 (2)

2

1. Except where it is otherwise inconsistent with this Constitution and subject to subparagraph (2), an existing law shall continue in force on and after the date of coming into force of this Constitution.
2. The Termination of Pregnancy Act, 1981 shall unless sooner repealed, cease to have effect twelve months after the date of coming into force of this Constitution.
3. Where any matter that falls to be prescribed or otherwise provided for under or for the purposes of this Constitution by or under a written law is prescribed or provided for by or under an existing law, the prescription or provision has, as from the date of coming into force of this Constitution, effect as if it has been prescribed or provided for under or for the purposes of this Constitution by or under a written law enacted pursuant to this Constitution.
4. The President may, by order made at any time before 31st December, 1995, make such amendments to any existing law as may appear to the President to be necessary or expedient for bringing that law into conformity with this Constitution or otherwise for giving effect or enabling effect to be given to this Constitution.
5. The State shall, within twelve months of the coming into force of this Constitution, bring the Seychelles Broadcasting Corporation Act, 1992 into conformity with article 168(6) An existing law which prescribes any matter required to be prescribed under article 3 or any law enacted for this purpose shall reflect national unity and the spirit of the Preamble of this Constitution.

3

1. Any court or tribunal existing immediately before the date of coming into force of this Constitution shall be deemed to be the corresponding court or tribunal established under this Constitution.
2. Proceedings that, immediately before the date of coming into force of this Constitution, are pending before any court or tribunal, may be continued and concluded on and after the date of coming into force of this Constitution before the corresponding court or tribunal established by or under this Constitution or any written law made thereunder.
3. A decision given before the date of coming into force of this Constitution shall, for the purpose of an appeal from the decision or of its execution, have effect on and after the date of coming into force of this Constitution as if it were a decision of the corresponding court or tribunal established by or under this Constitution.

4

1. With effect from the date of coming into force of this Constitution up to immediately before the assumption of office of President under this Constitution the person who performed the functions of the office of President under the existing Constitution shall, so fare as is consistent with this Constitution, perform the functions of the office of President under this Constitution as if the person had been elected under or in accordance with this Constitution and had taken the oath of allegiance and any other necessary oath under this Constitution.
2. With effect from the date of the coming into force of this Constitution up to immediately before the assumption of office of a Minister under this Constitution the person who performed the functions corresponding to that of the Minister under the existing Constitution shall, so far as is consistent with this Constitution and had taken the oath of allegiance and any other necessary oath under this Constitution.
2. With effect from the date of the coming into force of this Constitution up to immediately before the election under or in accordance with this Constitution of the members of the National Assembly, the persons elected or nominated as Constitution shall, so far as is consistent with this Constitution continue to perform the functions of their office as if they had been elected under or in accordance with this Constitution and had taken the oath of allegiance and any other necessary oath under this Constitution.

6

1. Subject to this paragraph and so far as it is not inconsistent with this Constitution, a person who immediately before the date of the coming into force of this Constitution was performing the functions of-
   1. an office established by or under the existing Constitution, not being an office referred to in paragraph 4 or paragraph 5, and this Constitution establishes a similar or equivalent office;
   2. any other office, not being an office referred to in paragraph 4 or paragraph 5, established by or under any written law or in the services of the Government,

   shall continue to perform the functions of the office, after the date of coming into force of this Constitution, under this Constitution, existing law continued under paragraph 2 or the Government, as the case may be, and shall be deemed to have taken the oath of allegiance or any other necessary oath under this Constitution or existing law continued under paragraph 2.

2. A person who, under the existing Constitution or an existing law, would have been required to vacate the person's office at the expiration of a specified period or on the attainment of a special age shall vacate the office at the expiration of the specified period or upon attainment of the specified age.
3. Where the Appropriation Act in respect of the financial year commencing on the first day of January immediately following the date of coming into force of this Constitution has not come into operation, the President may authorize the withdrawal of moneys from the Consolidated Fund for the purposes of meeting expenditure necessary to carry on the services of the Government until the expiration of four months from the beginning of the financial year or the coming into operation of the Appropriation Act for that financial year, whichever is the earlier.

PART II. FIRST ELECTIONS AND FIRST SITTINGS OF THE NATIONAL ASSEMBLY

1. The first meeting of the first session of the National Assembly after the first National Assembly election shall, until the Speaker is elected, be presided over by the eldest member of the Assembly present at the meeting.
2. The Standing Orders of the People's Assembly established by the existing Constitution shall, until it is otherwise provided pursuant to article 101 of this Constitution, be the Standing Orders of the National Assembly, but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring those Standing Orders into conformity with this Constitution.

PART III. COMPENSATION FOR PAST LAND ACQUISITIONS

PART IV. TRANSITIONAL PROVISIONS UNDER THE FOURTH AMENDMENT

1. On the coming into operation of the Constitution of the Republic of Seychelles (Fourth Amendment) Act, 1996-
   1. the Minister who immediately before the coming into operation of this Act was the Minister designated first in the order of preference shall become, subject to subsection (2) hold office as and perform the function of Vice President in accordance with the Constitution;
   2. the Minister who immediately before the coming into operation of this Act was the Minister designated second in the order of preference shall become, subject to subsection (2) hold office as and perform the function of designated Minister in accordance with the Constitution.
2. On the resignation of the President-
   1. the person who becomes Vice-President as a result of the operation of subsection (1) shall not assume the office of President under article 55(1);
   2. the functions of the President shall be discharged by the incumbent President until the election of the President but the incumbent President shall not have power to revoke the appointment of a Minister or invoke article 110.
3. Until the enactment of the Act under article 66A (13) the person who becomes Vice-President as a result of the operation of this section shall continue to receive the salary, allowance and gratuity the person was receiving as Minister designated first in the order of preference immediately before becoming Vice President.
4. The period which the person who becomes Vice-President under subsection (1) (a) serves as Vice-President pursuant to that subsection shall not be counted for the purposes of article 66A (7).