Links to all sites last visited 1 December 2023
Constitution of the Republic of Seychelles 1993, as amended to 2022
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 Charter9;
(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)
1
Constitution of the Republic of Seychelles 1993, as amended to 2020 (English). 2022 Amendment to the Constitution (English). According to Art. 4(1): “The National languages of Seychelles shall be Creole, English and French.”
2
Chapter II on Citizenship.
3
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).
4
According to Art. 49, Chapter III: “In this Chapter, unless the context otherwise requires− 'Charter' or 'Seychellois Charter of Fundamental Human Rights and Freedoms' means Part 1 of this Chapter; ...”
5, 6
5- 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).
6- According to Art. 49, Chapter III: “In this Chapter, unless the context otherwise requires− 'Charter' or 'Seychellois Charter of Fundamental Human Rights and Freedoms' means Part 1 of this Chapter; ...”
7
According to Art. 49, Chapter III: “In this Chapter, unless the context otherwise requires− 'Charter' or 'Seychellois Charter of Fundamental Human Rights and Freedoms' means Part 1 of this Chapter; ...”
8
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).
9
According to Art. 49, Chapter III: “In this Chapter, unless the context otherwise requires− 'Charter' or 'Seychellois Charter of Fundamental Human Rights and Freedoms' means Part 1 of this Chapter; ...”
10
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).
11, 12
11- According to Art. 49, Chapter III: “In this Chapter, unless the context otherwise requires−'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; …”
12- According to Art. 49, Chapter III: “In this Chapter, unless the context otherwise requires− 'Charter' or 'Seychellois Charter of Fundamental Human Rights and Freedoms' means Part 1 of this Chapter; ...”
13
According to Art. 49, Chapter III: “In this Chapter, unless the context otherwise requires− 'Charter' or 'Seychellois Charter of Fundamental Human Rights and Freedoms' means Part 1 of this Chapter; ...”
14
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).