Constitution of the Republic of Seychelles 1993, as amended to 2011


Citizenship and Nationality

A person who, immediately before the coming into force of this Constitution, was a citizen of Seychelles by birth, descent, naturalization or registration shall, on and after that date, continue by virtue of this article to be a citizen of Seychelles by birth, descent, naturalization or registration, as the case may be. (Art. 7)

Citizenship and Nationality

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. (Art. 8)

Citizenship and Nationality

(1) 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.
(2) A person shall not become a citizen of Seychelles by virtue of article 8 if, at the date of birth, —
(a) either of the person’s parents possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Seychelles; or
(b) either of the person’s parents is a citizen of a country with which Seychelles is at war and the birth occurs in a place then under occupation by that country, and neither of the person’s parents is a citizen of Seychelles. (Art. 9)

Citizenship and Nationality

(1) This article shall apply to a person —
(a) who would not, but for this article, be or become a citizen of Seychelles;
(b) who was born outside Seychelles before Independence Day; and
(c) any one of whose grand parents or parents was born in Seychelles.
(2) Subject to any Act, a person to whom this article applies shall be eligible to become a citizen of Seychelles by naturalization or registration. (Art. 10)

Citizenship and Nationality

A person born outside Seychelles on or after the Independence Day but before the 5th June, 1979 whose mother was a Seychellois at the time of the person’s birth is eligible to become a citizen of Seychelles by naturalization or registration. (Art. 10(A))

Citizenship and Nationality

A person born outside Seychelles on or after the coming into force of this Constitution shall become a citizen of Seychelles at the date of birth if at that date the person’s father or mother is a citizen of Seychelles. (Art. 11)

Citizenship and Nationality

(1) A person who, on or after the coming into force of this Constitution, marries another person who is or becomes a citizen of Seychelles shall, subject to any Act, be eligible to become a citizen of Seychelles by naturalization.
(2) Clause (1) shall apply to a person who is not a citizen of Seychelles or eligible to become a citizen of Seychelles under article 10 and who, on or after Independence Day, and before the coming into force of this Constitution, married another person who was or became, or who becomes, a citizen of Seychelles, as it applies to a person such as is referred to in clause (1). (Art. 12)

Citizenship and Nationality

(1) Provision may be made by or under an Act —
(a) for the acquisition of citizenship of Seychelles by any person who is not eligible or who is no longer eligible to become a citizen of Seychelles under this Chapter;
(b) for depriving any person of citizenship of Seychelles, if it was unlawfully acquired;
(c) for the renunciation of citizenship of Seychelles by any person; and
(d) for the maintenance of a register of citizens of Seychelles who are also citizens of other countries.
(2) A person who is a citizen of Seychelles may concurrently possess the citizenship of another country and a law made for the purposes of clause (1) (a) shall not require, as a condition for the acquisition of citizenship of Seychelles, that a person renounces any other citizenship that the person may possess at the time. (Art. 13)

Jurisdiction and Access

(1) A person who claims that a provision of this Charter2 has been or is likely to be contravened in relation to the person by any law, act or omission may, subject to this article, apply to the Constitutional Court for redress.
(2) An application under clause (1) may, where the Constitutional Court3 is satisfied that the person whose right or freedom has been or is likely to be contravened is unable to do so, be made by another person acting on behalf of that person, with or without that person’s authority.
(3) The Constitutional Court may decline to entertain an application under clause (1) where the Court is satisfied that the applicant has obtained redress for the contravention under any law and where the applicant has obtained redress in the Constitutional Court for any matter for which an application may be made under clause (1), a court shall not entertain any application for redress for such matter except on appeal from a decision of such court.
(4) Where the Constitutional Court on an application under clause (1) is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned in any other court under any other law, the Court may hear the application or transfer the application to the appropriate court for grant of redress in accordance with law.
(5) Upon hearing of an application under clause (1) the Constitutional Court may−
(a) declare any act or omission which is the subject of the application to be a contravention of the Charter;
(b) declare any law or the provision of any law which contravenes the Charter void;
(c) make such declaration or order, issue such writ and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of the Charter and disposing of all the issues relating to the application;
(d) award any damages for the purpose of compensating the person concerned for any damages suffered;
(e) make such additional order under this Constitution or as may be prescribed by law.

(7) Where in the course of any proceedings in any court, other than the Constitutional Court or the Court of Appeal, a question arises with regard to whether there has been or is likely to be a contravention of the Charter, the court shall, if it is satisfied that the question is not frivolous or vexatious or has already been the subject of a decision of the Constitutional Court or the Court of Appeal, immediately adjourn the proceedings and refer the question for determination by the Constitutional Court.
(8) Where in an application under clause (1) or where a matter is referred to the Constitutional Court under clause (7), the person alleging the contravention or risk of contravention establishes a prima facie case, the burden of proving that there has not been a contravention or risk of contravention shall, where the allegation is against the State, be on the State.
… (Art. 46)

Jurisdiction and Access

(3) The Constitutional Court shall have jurisdiction to hear and determine whether a person has been validly elected to the office of President.
(4) An application under clause (3) may be made by a person entitled to vote at an election of the President, a person who was a candidate at the election or the Attorney General.
… (Art. 51)

Jurisdiction and Access

(1) There shall be a Court of Appeal which shall, subject to this Constitution, have jurisdiction to hear and determines appeals from a judgment, direction, decision, declaration, decree, writ or order of the Supreme Court and such other appellate jurisdiction as may be conferred upon the Court of Appeal by this Constitution and by or under an Act.
(2) Except as this Constitution or an Act otherwise provides, there shall be a right of appeal to the Court of Appeal from a judgment, direction, decision, declaration, decree, writ or order of the Supreme Court.
(3) The Court of Appeal shall, when exercising its appellate jurisdiction, have all the authority, jurisdiction and power of the court from which the appeal is brought and such other authority, jurisdiction and power as may be conferred upon it by or under an Act.
(4) Subject to this Constitution and any other law, the authority, jurisdiction and power of the Court of Appeal may be exercised as provided in the Rules of the Court of Appeal.
(5) Proceedings in respect of a matter relating to the application, contravention, enforcement or interpretation of this Constitution shall take precedence over other matters before the Court of Appeal.
… (Art. 120)

Jurisdiction and Access

(1) There shall be a Supreme Court which shall, in addition to the jurisdiction and powers conferred by this Constitution, have-
(a) original jurisdiction in matters relating to application, contravention, enforcement interpretation of this Constitution;

(2) Proceedings in respect of matters relating to the application, contravention, enforcement or interpretation of this Constitution shall take precedence over other matters before the Supreme Court.
… (Art. 125)

Jurisdiction and Access

(1) A person who alleges that any provisions of this Constitution, other than a provision of Chapter III, has been contravened and that the person’s interest is being or is likely to be affected by the contravention may, subject to this article, apply to the Constitutional Court for redress.
(2) The Constitutional Court may decline to entertain an application under clause (1) where the Court is satisfied that the applicant has obtained redress for the contravention under any law and where the applicant has obtained redress in the Constitutional Court for any matter for which an application may be made under clause (1), a court shall not entertain any application for redress for such matter except on appeal from a decision of such court.
(3) Where the Constitutional Court on an application under clause (1) is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned in any other court under any other law, the Court may hear the application or transfer the application to the appropriate court for grant of redress in accordance with law.
(4) Upon hearing an application under clause (1), the Constitutional Court may-
(a) declare any act or omission which is the subject of the application to be a contravention of this Constitution;
(b) declare any law or the provision of any law which contravenes this Constitution to be void;
(c) grant any remedy available to the Supreme Court against any person or authority which is the subject of the application or which is a party to any proceedings before the Constitutional Court, as the Court considers appropriate.

(6) Where in the course of any proceedings in any court, other than the Court of Appeal or the supreme court sittings as the Constitutional Court, or tribunal, a question arises with regard to whether there has been or is likely to be a contravention of this Constitution, other than Chapter III, the court or tribunal shall, if it is satisfied that the question is not frivolous or vexatious or has not already been the subject of a decision of the Constitutional Court or the Court of Appeal, immediately adjourn the proceedings and refer the question for determination by the Constitutional Court.
(7) Where in an application under clause (1) or where a matter is referred to the Constitutional Court under clause (6), the person alleging the contravention or risk of contravention establishes a prima facie case, the burden of proving that there has not been a contravention or risk of contravention shall, where the allegation is against the State, be on the State.
… (Art. 130)

Education

The State recognises the right of every citizen to education and with a view to ensuring the effective realization of this right undertakes−
(a) 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;
(b) to ensure that the educational programmes in all schools are aimed at the complete development of the person;
(c) to afford, on the basis of intellectual capability, every citizen equal access to educational opportunities and facilities beyond the period of compulsory education;
… (Art. 33)

Employment Rights and Protection

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. (Art. 30)

Employment Rights and Protection

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−
(a) 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;
(b) 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;
(c) to promote vocational guidance and training;
(d) 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.
… (Art. 35)

Equality and Non-Discrimination


RECOGNISING the inherent dignity and the equal and inalienable rights of members of the human family as the foundation for freedom, justice, welfare, fraternity, peace and unity;
REAFFIRMING that these rights include the rights of the individual to life, liberty and the pursuit of happiness free from all types of discrimination;

EXERCISING our natural and inalienable right to a framework of Government which shall secure for ourselves and posterity the blessings of truth, liberty, fraternity, equality of opportunity, justice, peace, stability and prosperity;

SOLEMNLY DECLARING our unswaying commitment, during this our Third Republic, to

* uphold the rule of law based on the recognition of the fundamental human rights and freedoms enshrined in this Constitution and on respect for the equality and dignity of human beings;
… (Preamble)

Equality and Non-Discrimination

(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 dis-advantaged persons or groups. (Art. 27)

Obligations of the State


RECOGNISING the inherent dignity and the equal and inalienable rights of members of the human family as the foundation for freedom, justice, welfare, fraternity, peace and unity;

SOLEMNLY DECLARING our unswaying commitment, during this our Third Republic, to

* uphold the rule of law based on the recognition of the fundamental human rights and freedoms enshrined in this Constitution and on respect for the equality and dignity of human beings;
… (Preamble)

Obligations of Private Parties

… SOLEMNLY DECLARING our unswaying commitment, during this our Third Republic, to

*exercise our individual rights and freedoms with due regard to the rights and freedoms of others and the common interest;
… (Preamble)

Obligations of Private Parties

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. (Art. 45)

Obligations of Private Parties

In this Chapter, unless the context otherwise requires−
… “person” means an individual or a body corporate;
… (Art. 49)

Judicial Protection

(1) A person who claims that a provision of this Charter4 has been or is likely to be contravened in relation to the person by any law, act or omission may, subject to this article, apply to the Constitutional Court for redress.
(2) An application under clause (1) may, where the Constitutional Court5 is satisfied that the person whose right or freedom has been or is likely to be contravened is unable to do so, be made by another person acting on behalf of that person, with or without that person’s authority.
(3) The Constitutional Court may decline to entertain an application under clause (1) where the Court is satisfied that the applicant has obtained redress for the contravention under any law and where the applicant has obtained redress in the Constitutional Court for any matter for which an application may be made under clause (1), a court shall not entertain any application for redress for such matter except on appeal from a decision of such court.
(4) Where the Constitutional Court on an application under clause (1) is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned in any other court under any other law, the Court may hear the application or transfer the application to the appropriate court for grant of redress in accordance with law.
(5) Upon hearing of an application under clause (1) the Constitutional Court may−
(a) declare any act or omission which is the subject of the application to be a contravention of the Charter;
(b) declare any law or the provision of any law which contravenes the Charter void;
(c) make such declaration or order, issue such writ and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of the Charter and disposing of all the issues relating to the application;
(d) award any damages for the purpose of compensating the person concerned for any damages suffered;
(e) make such additional order under this Constitution or as may be prescribed by law.
… (7) Where in the course of any proceedings in any court, other than the Constitutional Court or the Court of Appeal, a question arises with regard to whether there has been or is likely to be a contravention of the Charter, the court shall, if it is satisfied that the question is not frivolous or vexatious or has already been the subject of a decision of the Constitutional Court or the Court of Appeal, immediately adjourn the proceedings and refer the question for determination by the Constitutional Court.
(8) Where in an application under clause (1) or where a matter is referred to the Constitutional Court under clause (7), the person alleging the contravention or risk of contravention establishes a prima facie case, the burden of proving that there has not been a contravention or risk of contravention shall, where the allegation is against the State, be on the State.
… (Art. 46)

Judicial Protection

This Chapter6 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−
(a) the international instruments containing these obligations;
(b) the reports and expression of views of bodies administering or enforcing these instruments;
(c) the reports, decisions or opinions of international and regional institutions administering or enforcing Conventions on human rights and freedoms;
(d) the Constitutions of other democratic States or nations and decisions of the courts of the States or nations in respect of their Constitutions. (Art. 48)

National Human Rights Bodies

(1) There shall be an Ombudsman who shall be appointed by the President from candidates proposed by the constitutional Appointments Authority.
… (Art. 143)

National Human Rights Bodies

(1) Subject to this Schedule, the Ombudsman may
(a) investigate an action taken by a public authority or the President, Vice-President, Minister, officer or member of the public authority, being action taken in the exercise of the administrative functions of the public authority in the circumstances specified in subparagraph (2);
(b) investigate an allegation of fraud or corruption in connection with the exercise by a person of a function of a public authority.
(c) assist an individual complainant in respect of legal proceedings in relation to a contravention of the provisions of the Charter;
(d) with leave of the Court hearing proceedings relating to a contravention of the provisions of the Charter, become a party to the proceedings;
(e) initiate proceedings relating to the constitutionality of a law or of the provisions of a law.
(2)The Ombudsman shall investigate an action under sub-para-graph (1) (a)-
(a) where the Ombudsman receives a complaint from a person or body alleging that the complainant has suffered a violation of the complainant’s fundamental rights or freedoms under the Charter, or an injustice, in consequence of a fault in the administration of a public authority or has been treated harshly or oppressively by the authority or the President, Vice-President or a Minister, officer or member of the authority in the exercise of the administrative functions of the authority;
(b) where the President, Vice-President or a Minister or member of the National Assembly requests the Ombudsman to investigate the action on the ground that the person or body specified in the request-
(i) has or may have suffered a violation of the person’s or body’s fundamental rights for freedoms under the Charter, or an injustice, in consequence of a fault in the administration of a public authority or of a fault of the President or Vice-President or a Minister, officer or member of the authority in the exercise of the administrative functions of the authority;
(ii) has been treated harshly or oppressively by the authority or the President or Vice-President or a Minister, officer or member of the authority in the exercise of the administrative functions of the authority,/or on the ground that the practices or patterns of conduct of a public authority or the President or Vice-President or a Minister, officer or member of the authority in the exercise of the administrative functions of the authority appear to result in injustices or harsh, oppressive or unfair administration; or
(c) where the Ombudsman considers that it is necessary to investigate the action on the grounds specified in subsubparagraph (b), and an allegation under subparagraph (1) (b).
… (Schedule 5, Art. 1)

Limitations and/or Derogations

(1) This article shall apply during any period of public emergency.
(2) Notwithstanding this Chapter7 but subject to clause (3), a law may provide for the taking during a period of public emergency of such measures as are strictly required to meet the exigencies of the situation.
(3) A law referred to in clause (2) shall not provide for the taking of measures that are inconsistent with which articles 15, 16, 17, 18 (3) 19 (2) to (6) and (11), 21 and 27.
… (Art. 43)

Limitations and/or Derogations

(1) A law made in relation to a disciplinary force of Seychelles may, in so far as it is necessary in a democratic society,8 provide for the derogation against the provisions of the Charter,9 other than articles 15, 16, and 17.
(2) A law of a country other than Seychelles whose disciplinary force is lawfully in Seychelles in pursuance of arrangements made between the Government of Seychelles and another government or an international organization shall, in so far as the law applies to the disciplinary force, not be held to be inconsistent or in contravention of the provisions of the Charter.
(3) A law which authorises the taking of any measure against a member of a disciplinary force of a country with which Seychelles is at war shall not be held to be inconsistent with the Charter.
(4) A law referred to in clause (3) shall not provide for the doing of anything which constitutes the crime of genocide or a crime against humanity. (Art. 44)

Limitations and/or Derogations

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. (Art. 45)

Limitations and/or Derogations

Where a right or freedom contained in this Charter10 is subject to any limitation, restriction or qualification, that limitation, restriction or qualification−
(a) shall have no wider effect than is strictly necessary in the circumstances; and
(b) shall not be applied for any purpose other than that for which it has been prescribed. (Art. 47)

Marriage and Family Life

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. (Art. 30)

Marriage and Family Life

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−

(d) to ensure, save in exceptional and judicially recognized circumstances, that a child of young age is not separated from his parents. (Art. 31)

Marriage and Family Life

(1) 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. (Art. 32)

Marriage and Family Life

(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.
… (Schedule 7, Transitional, Part I, Art. 2)

Participation in Public Life and Institutions

(1) Subject to this Constitution, every citizen of Seychelles who has attained the age of eighteen years has a right−
(a) to take part in the conduct of public affairs either directly or through freely chosen representatives;

(d) to participate on general terms and equality, in public service.
… (Art. 24)

Political Rights and Association

(1) 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.
… (Art. 23)

Political Rights and Association

(1) Subject to this Constitution, every citizen of Seychelles who has attained the age of eighteen years has a right−
(a) to take part in the conduct of public affairs either directly or through freely chosen representatives;
(b) 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;
(c) to be elected to public office;
… (Art. 24)

Political Rights and Association

(1) A person who is a citizen of Seychelles and has attained the age of eighteen years is entitled to be registered as a voter unless the person is disqualified from registration under an Act on the ground of-
(a) infirmity of mind;
(b) criminality; or
(c) residence outside Seychelles.
… (Art. 114)

Political Parties

An Act shall provide for the registration of political parties, qualifications for entitlement to be registered as a political party, conferment of corporate status on political parties, the maintenance of a register of political parties by the Electoral Commission, the submission of accounts and other prescribed particulars and information to the Commission by a registered political party, the provision of financial support from public funds to political parties, the control of financial and other contributions to political parties, the disposal of the assets of political parties on dissolution and the submission to the National Assembly by the Electoral Commission of an annual report in respect of the functions of the Commission under the Act. (Art. 118)

Electoral Bodies

(1) There shall be an Electoral Commission which shall perform the functions conferred upon it by this Constitution any other law.
(2) Subject to this Constitution the Electoral Commission shall not, in the performance of its functions, be subject to the direction or control of any person or authority. (Art. 115)

Electoral Bodies

(1) The Electoral Commission-
(a) shall be a responsible for the conduct and supervision of the registration of voters and of elections and referenda under this Constitution;
(b) shall keep under continuous review the number and boundaries of the electoral areas into which Mahe and Praslin are divided having regard to article 112 (3);
(c) shall keep under continuous review the practices and working, including such matters as finance, broadcast and advertising, of political campaigns in respect of elections and referenda under this Constitution;
(d) shall have such other functions as may be prescribed by or under this Constitution or an Act.
(e) Shall review the existing legislation governing Electoral matters and make recommendations to the Government. … (Art. 116)

Head of State

There shall be a President of Seychelles who shall be the Head of State, Head of Government and Commander-in-Chief of the Defence Forces of Seychelles. (Art. 50)

Head of State

(1) A person is qualified for election as President if−
(a) the person is a citizen of Seychelles;
(b) the person is not disqualified from registration as a voter under this Constitution.
… (Art. 51)

Vice-President

(1) A person is qualified for election as President if−
(a) the person is a citizen of Seychelles;
(b) the person is not disqualified from registration as a voter under this Constitution.
… (Art. 51)

Vice-President

(1) There shall be a Vice-President of Seychelles who shall perform the functions assigned to the Vice-President by the Constitution, an Act or the President.

(3) The Vice-President shall be a person who is qualified to be elected President under article 51.
(4) A candidate at an election for President shall designate a person as the candidate’s Vice-President and on the election of the candidate as President the person designated as Vice-President by the candidate becomes Vice-President.
… (Art. 66A)

Government

(1) There shall be a Cabinet consisting of the Vice-President and Ministers.
… (Art. 67)

Government

(1) There shall be such number of Ministers, not being less than seven or more than fourteen as the President may, from time to time, determine.
(2) The President may, with the approval of a majority of the members of the National Assembly, appoint a person who is a citizen of Seychelles and who has attained the age of eighteen years to the office of Minister.
… (Art. 69)

Legislature

There shall be a National Assembly of Seychelles. (Art. 77)

Legislature

The National Assembly shall consist of-
(a) such number of members directly elected in accordance with-
(i) this Constitution; and
(ii) subject to this Constitution, an Act, as is equal to the number of electoral areas;
(b) not more than 10 members elected on the basis of the scheme of proportional representation specified in Schedule 4. (Art. 78)

Legislature

A person is qualified to be elected as a member of the National Assembly if-
(a) the person is qualified to vote at a Presidential or National Assembly election under this Constitution; and
(b) the person does not hold or act in any office the functions of which involve-
(i) any responsibility for, or in connection with, the conduct of the National Assembly election for which the person wishes to stand; or
(ii) any responsibility for the compilation or revision of an electoral register for that National Assembly election. (Art. 80)

Property, Inheritance and Land Tenure

(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.
… (Art. 26)

Protection from Violence

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. (Art. 16)

Protection from Violence

(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.
… (Art. 17)

Protection from Violence

(1) Every person has a right to liberty and security of the person.
… (Art. 18)

Protection from Violence

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−
(a) 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;
(b) 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;
(c) to ensure special protection against social and economic exploitation and physical and moral dangers to which children and young persons are exposed;
… (Art. 31)

Protection from Violence

(3) A law which authorises the taking of any measure against a member of a disciplinary force of a country with which Seychelles is at war shall not be held to be inconsistent with the Charter11 .
(4) A law referred to in clause (3) shall not provide for the doing of anything which constitutes the crime of genocide or a crime against humanity. (Art. 44)

Public Institutions and Services

(1) 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.
... (Art. 32)

Sexual Orientation and Gender Identity

(1) 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. (Art. 32)

Status of the Constitution

… HEREBY adopt and confer upon ourselves this Constitution as the fundamental and supreme law of our Sovereign and Democratic Republic. (Preamble)

Status of the Constitution

This Constitution is the supreme law of Seychelles and any law found to be inconsistent with this Constitution is, to the extent of the inconsistency, void. (Art. 5)

Status of the Constitution

It shall be the duty of every citizen of Seychelles−
(a) to uphold and defend this Constitution and the law;

(g) generally, to strive towards the fulfillment of the aspirations contained in the Preamble of this Constitution. (Art. 40)

Status of the Constitution

(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.
… (Schedule 7, Transitional, Part I, Art. 2)

Status of International Law

This Chapter12 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−
(a) the international instruments containing these obligations;
(b) the reports and expression of views of bodies administering or enforcing these instruments;
(c) the reports, decisions or opinions of international and regional institutions administering or enforcing Conventions on human rights and freedoms;
(d) the Constitutions of other democratic States or nations and decisions of the courts of the States or nations in respect of their Constitutions. (Art. 48)

Religious Law

(6) A law shall not make provision for the establishment of any religion or the imposition of any religious observance. … (Art. 21)

Citizenship and Nationality

English

A person who, immediately before the coming into force of this Constitution, was a citizen of Seychelles by birth, descent, naturalization or registration shall, on and after that date, continue by virtue of this article to be a citizen of Seychelles by birth, descent, naturalization or registration, as the case may be. (Art. 7)

Citizenship and Nationality

English

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. (Art. 8)

Citizenship and Nationality

English

(1) 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.
(2) A person shall not become a citizen of Seychelles by virtue of article 8 if, at the date of birth, —
(a) either of the person’s parents possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Seychelles; or
(b) either of the person’s parents is a citizen of a country with which Seychelles is at war and the birth occurs in a place then under occupation by that country, and neither of the person’s parents is a citizen of Seychelles. (Art. 9)

Citizenship and Nationality

English

(1) This article shall apply to a person —
(a) who would not, but for this article, be or become a citizen of Seychelles;
(b) who was born outside Seychelles before Independence Day; and
(c) any one of whose grand parents or parents was born in Seychelles.
(2) Subject to any Act, a person to whom this article applies shall be eligible to become a citizen of Seychelles by naturalization or registration. (Art. 10)

Citizenship and Nationality

English

A person born outside Seychelles on or after the Independence Day but before the 5th June, 1979 whose mother was a Seychellois at the time of the person’s birth is eligible to become a citizen of Seychelles by naturalization or registration. (Art. 10(A))

Citizenship and Nationality

English

A person born outside Seychelles on or after the coming into force of this Constitution shall become a citizen of Seychelles at the date of birth if at that date the person’s father or mother is a citizen of Seychelles. (Art. 11)

Citizenship and Nationality

English

(1) A person who, on or after the coming into force of this Constitution, marries another person who is or becomes a citizen of Seychelles shall, subject to any Act, be eligible to become a citizen of Seychelles by naturalization.
(2) Clause (1) shall apply to a person who is not a citizen of Seychelles or eligible to become a citizen of Seychelles under article 10 and who, on or after Independence Day, and before the coming into force of this Constitution, married another person who was or became, or who becomes, a citizen of Seychelles, as it applies to a person such as is referred to in clause (1). (Art. 12)

Citizenship and Nationality

English

(1) Provision may be made by or under an Act —
(a) for the acquisition of citizenship of Seychelles by any person who is not eligible or who is no longer eligible to become a citizen of Seychelles under this Chapter;
(b) for depriving any person of citizenship of Seychelles, if it was unlawfully acquired;
(c) for the renunciation of citizenship of Seychelles by any person; and
(d) for the maintenance of a register of citizens of Seychelles who are also citizens of other countries.
(2) A person who is a citizen of Seychelles may concurrently possess the citizenship of another country and a law made for the purposes of clause (1) (a) shall not require, as a condition for the acquisition of citizenship of Seychelles, that a person renounces any other citizenship that the person may possess at the time. (Art. 13)

Jurisdiction and Access

English

(1) A person who claims that a provision of this Charter2 has been or is likely to be contravened in relation to the person by any law, act or omission may, subject to this article, apply to the Constitutional Court for redress.
(2) An application under clause (1) may, where the Constitutional Court3 is satisfied that the person whose right or freedom has been or is likely to be contravened is unable to do so, be made by another person acting on behalf of that person, with or without that person’s authority.
(3) The Constitutional Court may decline to entertain an application under clause (1) where the Court is satisfied that the applicant has obtained redress for the contravention under any law and where the applicant has obtained redress in the Constitutional Court for any matter for which an application may be made under clause (1), a court shall not entertain any application for redress for such matter except on appeal from a decision of such court.
(4) Where the Constitutional Court on an application under clause (1) is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned in any other court under any other law, the Court may hear the application or transfer the application to the appropriate court for grant of redress in accordance with law.
(5) Upon hearing of an application under clause (1) the Constitutional Court may−
(a) declare any act or omission which is the subject of the application to be a contravention of the Charter;
(b) declare any law or the provision of any law which contravenes the Charter void;
(c) make such declaration or order, issue such writ and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of the Charter and disposing of all the issues relating to the application;
(d) award any damages for the purpose of compensating the person concerned for any damages suffered;
(e) make such additional order under this Constitution or as may be prescribed by law.

(7) Where in the course of any proceedings in any court, other than the Constitutional Court or the Court of Appeal, a question arises with regard to whether there has been or is likely to be a contravention of the Charter, the court shall, if it is satisfied that the question is not frivolous or vexatious or has already been the subject of a decision of the Constitutional Court or the Court of Appeal, immediately adjourn the proceedings and refer the question for determination by the Constitutional Court.
(8) Where in an application under clause (1) or where a matter is referred to the Constitutional Court under clause (7), the person alleging the contravention or risk of contravention establishes a prima facie case, the burden of proving that there has not been a contravention or risk of contravention shall, where the allegation is against the State, be on the State.
… (Art. 46)

Jurisdiction and Access

English

(3) The Constitutional Court shall have jurisdiction to hear and determine whether a person has been validly elected to the office of President.
(4) An application under clause (3) may be made by a person entitled to vote at an election of the President, a person who was a candidate at the election or the Attorney General.
… (Art. 51)

Jurisdiction and Access

English

(1) There shall be a Court of Appeal which shall, subject to this Constitution, have jurisdiction to hear and determines appeals from a judgment, direction, decision, declaration, decree, writ or order of the Supreme Court and such other appellate jurisdiction as may be conferred upon the Court of Appeal by this Constitution and by or under an Act.
(2) Except as this Constitution or an Act otherwise provides, there shall be a right of appeal to the Court of Appeal from a judgment, direction, decision, declaration, decree, writ or order of the Supreme Court.
(3) The Court of Appeal shall, when exercising its appellate jurisdiction, have all the authority, jurisdiction and power of the court from which the appeal is brought and such other authority, jurisdiction and power as may be conferred upon it by or under an Act.
(4) Subject to this Constitution and any other law, the authority, jurisdiction and power of the Court of Appeal may be exercised as provided in the Rules of the Court of Appeal.
(5) Proceedings in respect of a matter relating to the application, contravention, enforcement or interpretation of this Constitution shall take precedence over other matters before the Court of Appeal.
… (Art. 120)

Jurisdiction and Access

English

(1) There shall be a Supreme Court which shall, in addition to the jurisdiction and powers conferred by this Constitution, have-
(a) original jurisdiction in matters relating to application, contravention, enforcement interpretation of this Constitution;

(2) Proceedings in respect of matters relating to the application, contravention, enforcement or interpretation of this Constitution shall take precedence over other matters before the Supreme Court.
… (Art. 125)

Jurisdiction and Access

English

(1) A person who alleges that any provisions of this Constitution, other than a provision of Chapter III, has been contravened and that the person’s interest is being or is likely to be affected by the contravention may, subject to this article, apply to the Constitutional Court for redress.
(2) The Constitutional Court may decline to entertain an application under clause (1) where the Court is satisfied that the applicant has obtained redress for the contravention under any law and where the applicant has obtained redress in the Constitutional Court for any matter for which an application may be made under clause (1), a court shall not entertain any application for redress for such matter except on appeal from a decision of such court.
(3) Where the Constitutional Court on an application under clause (1) is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned in any other court under any other law, the Court may hear the application or transfer the application to the appropriate court for grant of redress in accordance with law.
(4) Upon hearing an application under clause (1), the Constitutional Court may-
(a) declare any act or omission which is the subject of the application to be a contravention of this Constitution;
(b) declare any law or the provision of any law which contravenes this Constitution to be void;
(c) grant any remedy available to the Supreme Court against any person or authority which is the subject of the application or which is a party to any proceedings before the Constitutional Court, as the Court considers appropriate.

(6) Where in the course of any proceedings in any court, other than the Court of Appeal or the supreme court sittings as the Constitutional Court, or tribunal, a question arises with regard to whether there has been or is likely to be a contravention of this Constitution, other than Chapter III, the court or tribunal shall, if it is satisfied that the question is not frivolous or vexatious or has not already been the subject of a decision of the Constitutional Court or the Court of Appeal, immediately adjourn the proceedings and refer the question for determination by the Constitutional Court.
(7) Where in an application under clause (1) or where a matter is referred to the Constitutional Court under clause (6), the person alleging the contravention or risk of contravention establishes a prima facie case, the burden of proving that there has not been a contravention or risk of contravention shall, where the allegation is against the State, be on the State.
… (Art. 130)

Education

English

The State recognises the right of every citizen to education and with a view to ensuring the effective realization of this right undertakes−
(a) 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;
(b) to ensure that the educational programmes in all schools are aimed at the complete development of the person;
(c) to afford, on the basis of intellectual capability, every citizen equal access to educational opportunities and facilities beyond the period of compulsory education;
… (Art. 33)

Employment Rights and Protection

English

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. (Art. 30)

Employment Rights and Protection

English

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−
(a) 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;
(b) 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;
(c) to promote vocational guidance and training;
(d) 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.
… (Art. 35)

Equality and Non-Discrimination

English


RECOGNISING the inherent dignity and the equal and inalienable rights of members of the human family as the foundation for freedom, justice, welfare, fraternity, peace and unity;
REAFFIRMING that these rights include the rights of the individual to life, liberty and the pursuit of happiness free from all types of discrimination;

EXERCISING our natural and inalienable right to a framework of Government which shall secure for ourselves and posterity the blessings of truth, liberty, fraternity, equality of opportunity, justice, peace, stability and prosperity;

SOLEMNLY DECLARING our unswaying commitment, during this our Third Republic, to

* uphold the rule of law based on the recognition of the fundamental human rights and freedoms enshrined in this Constitution and on respect for the equality and dignity of human beings;
… (Preamble)

Equality and Non-Discrimination

English

(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 dis-advantaged persons or groups. (Art. 27)

Obligations of the State

English


RECOGNISING the inherent dignity and the equal and inalienable rights of members of the human family as the foundation for freedom, justice, welfare, fraternity, peace and unity;

SOLEMNLY DECLARING our unswaying commitment, during this our Third Republic, to

* uphold the rule of law based on the recognition of the fundamental human rights and freedoms enshrined in this Constitution and on respect for the equality and dignity of human beings;
… (Preamble)

Obligations of Private Parties

English

… SOLEMNLY DECLARING our unswaying commitment, during this our Third Republic, to

*exercise our individual rights and freedoms with due regard to the rights and freedoms of others and the common interest;
… (Preamble)

Obligations of Private Parties

English

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. (Art. 45)

Obligations of Private Parties

English

In this Chapter, unless the context otherwise requires−
… “person” means an individual or a body corporate;
… (Art. 49)

Judicial Protection

English

(1) A person who claims that a provision of this Charter4 has been or is likely to be contravened in relation to the person by any law, act or omission may, subject to this article, apply to the Constitutional Court for redress.
(2) An application under clause (1) may, where the Constitutional Court5 is satisfied that the person whose right or freedom has been or is likely to be contravened is unable to do so, be made by another person acting on behalf of that person, with or without that person’s authority.
(3) The Constitutional Court may decline to entertain an application under clause (1) where the Court is satisfied that the applicant has obtained redress for the contravention under any law and where the applicant has obtained redress in the Constitutional Court for any matter for which an application may be made under clause (1), a court shall not entertain any application for redress for such matter except on appeal from a decision of such court.
(4) Where the Constitutional Court on an application under clause (1) is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned in any other court under any other law, the Court may hear the application or transfer the application to the appropriate court for grant of redress in accordance with law.
(5) Upon hearing of an application under clause (1) the Constitutional Court may−
(a) declare any act or omission which is the subject of the application to be a contravention of the Charter;
(b) declare any law or the provision of any law which contravenes the Charter void;
(c) make such declaration or order, issue such writ and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of the Charter and disposing of all the issues relating to the application;
(d) award any damages for the purpose of compensating the person concerned for any damages suffered;
(e) make such additional order under this Constitution or as may be prescribed by law.
… (7) Where in the course of any proceedings in any court, other than the Constitutional Court or the Court of Appeal, a question arises with regard to whether there has been or is likely to be a contravention of the Charter, the court shall, if it is satisfied that the question is not frivolous or vexatious or has already been the subject of a decision of the Constitutional Court or the Court of Appeal, immediately adjourn the proceedings and refer the question for determination by the Constitutional Court.
(8) Where in an application under clause (1) or where a matter is referred to the Constitutional Court under clause (7), the person alleging the contravention or risk of contravention establishes a prima facie case, the burden of proving that there has not been a contravention or risk of contravention shall, where the allegation is against the State, be on the State.
… (Art. 46)

Judicial Protection

English

This Chapter6 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−
(a) the international instruments containing these obligations;
(b) the reports and expression of views of bodies administering or enforcing these instruments;
(c) the reports, decisions or opinions of international and regional institutions administering or enforcing Conventions on human rights and freedoms;
(d) the Constitutions of other democratic States or nations and decisions of the courts of the States or nations in respect of their Constitutions. (Art. 48)

National Human Rights Bodies

English

(1) There shall be an Ombudsman who shall be appointed by the President from candidates proposed by the constitutional Appointments Authority.
… (Art. 143)

National Human Rights Bodies

English

(1) Subject to this Schedule, the Ombudsman may
(a) investigate an action taken by a public authority or the President, Vice-President, Minister, officer or member of the public authority, being action taken in the exercise of the administrative functions of the public authority in the circumstances specified in subparagraph (2);
(b) investigate an allegation of fraud or corruption in connection with the exercise by a person of a function of a public authority.
(c) assist an individual complainant in respect of legal proceedings in relation to a contravention of the provisions of the Charter;
(d) with leave of the Court hearing proceedings relating to a contravention of the provisions of the Charter, become a party to the proceedings;
(e) initiate proceedings relating to the constitutionality of a law or of the provisions of a law.
(2)The Ombudsman shall investigate an action under sub-para-graph (1) (a)-
(a) where the Ombudsman receives a complaint from a person or body alleging that the complainant has suffered a violation of the complainant’s fundamental rights or freedoms under the Charter, or an injustice, in consequence of a fault in the administration of a public authority or has been treated harshly or oppressively by the authority or the President, Vice-President or a Minister, officer or member of the authority in the exercise of the administrative functions of the authority;
(b) where the President, Vice-President or a Minister or member of the National Assembly requests the Ombudsman to investigate the action on the ground that the person or body specified in the request-
(i) has or may have suffered a violation of the person’s or body’s fundamental rights for freedoms under the Charter, or an injustice, in consequence of a fault in the administration of a public authority or of a fault of the President or Vice-President or a Minister, officer or member of the authority in the exercise of the administrative functions of the authority;
(ii) has been treated harshly or oppressively by the authority or the President or Vice-President or a Minister, officer or member of the authority in the exercise of the administrative functions of the authority,/or on the ground that the practices or patterns of conduct of a public authority or the President or Vice-President or a Minister, officer or member of the authority in the exercise of the administrative functions of the authority appear to result in injustices or harsh, oppressive or unfair administration; or
(c) where the Ombudsman considers that it is necessary to investigate the action on the grounds specified in subsubparagraph (b), and an allegation under subparagraph (1) (b).
… (Schedule 5, Art. 1)

Limitations and/or Derogations

English

(1) This article shall apply during any period of public emergency.
(2) Notwithstanding this Chapter7 but subject to clause (3), a law may provide for the taking during a period of public emergency of such measures as are strictly required to meet the exigencies of the situation.
(3) A law referred to in clause (2) shall not provide for the taking of measures that are inconsistent with which articles 15, 16, 17, 18 (3) 19 (2) to (6) and (11), 21 and 27.
… (Art. 43)

Limitations and/or Derogations

English

(1) A law made in relation to a disciplinary force of Seychelles may, in so far as it is necessary in a democratic society,8 provide for the derogation against the provisions of the Charter,9 other than articles 15, 16, and 17.
(2) A law of a country other than Seychelles whose disciplinary force is lawfully in Seychelles in pursuance of arrangements made between the Government of Seychelles and another government or an international organization shall, in so far as the law applies to the disciplinary force, not be held to be inconsistent or in contravention of the provisions of the Charter.
(3) A law which authorises the taking of any measure against a member of a disciplinary force of a country with which Seychelles is at war shall not be held to be inconsistent with the Charter.
(4) A law referred to in clause (3) shall not provide for the doing of anything which constitutes the crime of genocide or a crime against humanity. (Art. 44)

Limitations and/or Derogations

English

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. (Art. 45)

Limitations and/or Derogations

English

Where a right or freedom contained in this Charter10 is subject to any limitation, restriction or qualification, that limitation, restriction or qualification−
(a) shall have no wider effect than is strictly necessary in the circumstances; and
(b) shall not be applied for any purpose other than that for which it has been prescribed. (Art. 47)

Marriage and Family Life

English

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. (Art. 30)

Marriage and Family Life

English

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−

(d) to ensure, save in exceptional and judicially recognized circumstances, that a child of young age is not separated from his parents. (Art. 31)

Marriage and Family Life

English

(1) 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. (Art. 32)

Marriage and Family Life

English

(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.
… (Schedule 7, Transitional, Part I, Art. 2)

Participation in Public Life and Institutions

English

(1) Subject to this Constitution, every citizen of Seychelles who has attained the age of eighteen years has a right−
(a) to take part in the conduct of public affairs either directly or through freely chosen representatives;

(d) to participate on general terms and equality, in public service.
… (Art. 24)

Political Rights and Association

English

(1) 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.
… (Art. 23)

Political Rights and Association

English

(1) Subject to this Constitution, every citizen of Seychelles who has attained the age of eighteen years has a right−
(a) to take part in the conduct of public affairs either directly or through freely chosen representatives;
(b) 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;
(c) to be elected to public office;
… (Art. 24)

Political Rights and Association

English

(1) A person who is a citizen of Seychelles and has attained the age of eighteen years is entitled to be registered as a voter unless the person is disqualified from registration under an Act on the ground of-
(a) infirmity of mind;
(b) criminality; or
(c) residence outside Seychelles.
… (Art. 114)

Political Parties

English

An Act shall provide for the registration of political parties, qualifications for entitlement to be registered as a political party, conferment of corporate status on political parties, the maintenance of a register of political parties by the Electoral Commission, the submission of accounts and other prescribed particulars and information to the Commission by a registered political party, the provision of financial support from public funds to political parties, the control of financial and other contributions to political parties, the disposal of the assets of political parties on dissolution and the submission to the National Assembly by the Electoral Commission of an annual report in respect of the functions of the Commission under the Act. (Art. 118)

Electoral Bodies

English

(1) There shall be an Electoral Commission which shall perform the functions conferred upon it by this Constitution any other law.
(2) Subject to this Constitution the Electoral Commission shall not, in the performance of its functions, be subject to the direction or control of any person or authority. (Art. 115)

Electoral Bodies

English

(1) The Electoral Commission-
(a) shall be a responsible for the conduct and supervision of the registration of voters and of elections and referenda under this Constitution;
(b) shall keep under continuous review the number and boundaries of the electoral areas into which Mahe and Praslin are divided having regard to article 112 (3);
(c) shall keep under continuous review the practices and working, including such matters as finance, broadcast and advertising, of political campaigns in respect of elections and referenda under this Constitution;
(d) shall have such other functions as may be prescribed by or under this Constitution or an Act.
(e) Shall review the existing legislation governing Electoral matters and make recommendations to the Government. … (Art. 116)

Head of State

English

There shall be a President of Seychelles who shall be the Head of State, Head of Government and Commander-in-Chief of the Defence Forces of Seychelles. (Art. 50)

Head of State

English

(1) A person is qualified for election as President if−
(a) the person is a citizen of Seychelles;
(b) the person is not disqualified from registration as a voter under this Constitution.
… (Art. 51)

Vice-President

English

(1) A person is qualified for election as President if−
(a) the person is a citizen of Seychelles;
(b) the person is not disqualified from registration as a voter under this Constitution.
… (Art. 51)

Vice-President

English

(1) There shall be a Vice-President of Seychelles who shall perform the functions assigned to the Vice-President by the Constitution, an Act or the President.

(3) The Vice-President shall be a person who is qualified to be elected President under article 51.
(4) A candidate at an election for President shall designate a person as the candidate’s Vice-President and on the election of the candidate as President the person designated as Vice-President by the candidate becomes Vice-President.
… (Art. 66A)

Government

English

(1) There shall be a Cabinet consisting of the Vice-President and Ministers.
… (Art. 67)

Government

English

(1) There shall be such number of Ministers, not being less than seven or more than fourteen as the President may, from time to time, determine.
(2) The President may, with the approval of a majority of the members of the National Assembly, appoint a person who is a citizen of Seychelles and who has attained the age of eighteen years to the office of Minister.
… (Art. 69)

Legislature

English

There shall be a National Assembly of Seychelles. (Art. 77)

Legislature

English

The National Assembly shall consist of-
(a) such number of members directly elected in accordance with-
(i) this Constitution; and
(ii) subject to this Constitution, an Act, as is equal to the number of electoral areas;
(b) not more than 10 members elected on the basis of the scheme of proportional representation specified in Schedule 4. (Art. 78)

Legislature

English

A person is qualified to be elected as a member of the National Assembly if-
(a) the person is qualified to vote at a Presidential or National Assembly election under this Constitution; and
(b) the person does not hold or act in any office the functions of which involve-
(i) any responsibility for, or in connection with, the conduct of the National Assembly election for which the person wishes to stand; or
(ii) any responsibility for the compilation or revision of an electoral register for that National Assembly election. (Art. 80)

Property, Inheritance and Land Tenure

English

(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.
… (Art. 26)

Protection from Violence

English

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. (Art. 16)

Protection from Violence

English

(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.
… (Art. 17)

Protection from Violence

English

(1) Every person has a right to liberty and security of the person.
… (Art. 18)

Protection from Violence

English

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−
(a) 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;
(b) 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;
(c) to ensure special protection against social and economic exploitation and physical and moral dangers to which children and young persons are exposed;
… (Art. 31)

Protection from Violence

English

(3) A law which authorises the taking of any measure against a member of a disciplinary force of a country with which Seychelles is at war shall not be held to be inconsistent with the Charter11 .
(4) A law referred to in clause (3) shall not provide for the doing of anything which constitutes the crime of genocide or a crime against humanity. (Art. 44)

Public Institutions and Services

English

(1) 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.
... (Art. 32)

Sexual Orientation and Gender Identity

English

(1) 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. (Art. 32)

Status of the Constitution

English

… HEREBY adopt and confer upon ourselves this Constitution as the fundamental and supreme law of our Sovereign and Democratic Republic. (Preamble)

Status of the Constitution

English

This Constitution is the supreme law of Seychelles and any law found to be inconsistent with this Constitution is, to the extent of the inconsistency, void. (Art. 5)

Status of the Constitution

English

It shall be the duty of every citizen of Seychelles−
(a) to uphold and defend this Constitution and the law;

(g) generally, to strive towards the fulfillment of the aspirations contained in the Preamble of this Constitution. (Art. 40)

Status of the Constitution

English

(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.
… (Schedule 7, Transitional, Part I, Art. 2)

Status of International Law

English

This Chapter12 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−
(a) the international instruments containing these obligations;
(b) the reports and expression of views of bodies administering or enforcing these instruments;
(c) the reports, decisions or opinions of international and regional institutions administering or enforcing Conventions on human rights and freedoms;
(d) the Constitutions of other democratic States or nations and decisions of the courts of the States or nations in respect of their Constitutions. (Art. 48)

Religious Law

English

(6) A law shall not make provision for the establishment of any religion or the imposition of any religious observance. … (Art. 21)

1

Constitution of the Republic of Seychelles 1993, as amended to 2011 (English). According to Art. 4(1): “The National languages of Seychelles shall be Creole, English and French.”
Links to all sites last visited 2 March 2016

2,3

2 - Seychellois Charter of Fundamental Human Rights and Freedoms. 
3 - According to Art. 129: (1) “The jurisdiction and powers of the Supreme Court in respect of matters relating to the application, contravention, enforcement or interpretation of the Constitution shall be exercised by not less than two judges sitting together. … (3) Any reference to the Constitutional Court in this Constitution shall be a reference to the Court sitting under clause (1).

4,5

4 - Seychellois Charter of Fundamental Human Rights and Freedoms.
5 - According to Art. 129: (1) “The jurisdiction and powers of the Supreme Court in respect of matters relating to the application, contravention, enforcement or interpretation of the Constitution shall be exercised by not less than two judges sitting together. … (3) Any reference to the Constitutional Court in this Constitution shall be a reference to the Court sitting under clause (1).”

6

Chapter III on the Seychellois Charter of Fundamental Human Rights and Freedoms (Part I), Fundamental Duties (Part II), State of Emergency and Savings (Part III), Remedies (Part IV), Principles of Interpretation (Part V).

7

“In this Chapter, unless the context otherwise requires− “Charter” or “Seychellois Charter of Fundamental Human Rights and Freedoms” means Part 1 of this Chapter;” (Art. 49, Chapter III)

8,9

8 - “ “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; …” (Art. 49)
9 - “In this Chapter, unless the context otherwise requires − “Charter” or “Seychellois Charter of Fundamental Human Rights and Freedoms” means Part 1 of this Chapter;” (Art. 49, Chapter III)

10

“In this Chapter, unless the context otherwise requires− Charter” or “Seychellois Charter of Fundamental Human Rights and Freedoms” means Part 1 of this Chapter;” (Art. 49, Chapter III)

11

Seychellois Charter of Fundamental Human Rights and Freedoms.

12

Chapter III on the Seychellois Charter of Fundamental Human Rights and Freedoms (Part I), Fundamental Duties (Part II), State of Emergency and Savings (Part III), Remedies (Part IV), Principles of Interpretation (Part V).