COMMITTEE ON THE RIGHTS OF THE CHILD CONSIDERS THE REPORT OF SEYCHELLES
The Committee on the Rights of the Child has considered the second, third and fourth combined reports of Seychelles on its implementation of the provisions of the International Convention on the Rights of the Child.
Presenting the report, Bernard Shamlaye, Minister of Social Development and Culture, noted that a National Plan of Action for Children, running from 2005 to 2009, had been implemented. It was founded on the principles of the Convention on the Rights of the Child and built on earlier work undertaken under the Seychelles Programmeme of Action for Children adopted in 1995. The Risk Indicator Factor was created, which was a tool for the early identification of vulnerable children; as well as the establishment of the Child Development Centre to promote optimal child development.
A study showed that Seychelles was the fourth best place among 54 countries of the Commonwealth for a girl child to be born, based on eight indicators: life expectancy, underweight children, number of years in school, teenage pregnancies, girls accessing scholarships, political participation, women athletes and pay equity.
Yet still a lot needed to be done in the field of children’s rights, such as tackling topics including illegal drug trafficking, drug abuse, alcohol abuse and domestic violence. Also, the world financial crisis had affected Seychelles and it could be a challenge to keep a budget for children’s rights. Yet measures were implemented to help the most vulnerable in society.
Experts raised questions concerning, among other matters, the legislative framework, the ratification of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography; traditional social attitudes that still undermined the implementation of the Convention, institutional weakness in dealing with issues pertaining to children, child labour, marriageable age, access to contraceptives, the need to establish an agreement with the tourism industry to fight sexual exploitation of children, the right to be heard, difficulties for girls to access vocational education, the situation of the Chagossians who did not have citizenship, corporal punishment and the age of criminal liability.
In concluding remarks, Agnes Akosua Aidoo, Committee Member acting as the Rapporteur for Seychelles, said that there had been a frank and constructive dialogue with the delegation. Many of the issues raised still needed attention. Many areas needed much more energetic effort, including the area of legislation. The various reviews and considerations presented by United Nations agencies and non-governmental organizations should definitely be taken into account when formulating policies. Also, the training of professionals on the rights of the child should be improved. In addition, the socio-cultural root causes of the violations of children’s rights should be better addressed. Wastage of human resources in the school system should be avoided and drug and alcohol abuse should definitely be tackled. It took resources to meet all of those concerns. However Seychelles had quite significant means so the Committee wished the State party would undertake more actions for the respect of children’s rights.
Pilar Nores, Committee Member acting as the Co-Rapporteur for Seychelles, noted that the national legislation of Seychelles still lacked greater involvement in the inclusion of the Convention. The Committee really wished to see an improvement in that field. Also, all violence towards children should be prohibited.
The delegation of Seychelles included three representatives from the Ministry of Social Development and Culture.
The next public meeting of the Committee will take place on Friday, September 30 2011, when the Committee will hold a Day of General Discussion.
Report of the Seychelles
The combined second, third and fourth periodic reports of Seychelles (CRC/C/SYC/2-4) noted that it contained details of legislative and policy measures taken by the Member State to implement the provisions of the Convention on the Rights of the Child, with due regard to the local context, the existing legislative framework and the financial and human resources constraints which the country, as a small island developing State, faced.
It also reflected the cultural context of the country, as Seychelles was unique in its multi ethnic make-up, devoid of any indigenous people and with a high level of racial harmony and integration. The cooperation of non-governmental organizations and the civil society in general who continued to make a social investment in Seychelles’ children was also acknowledged in the report. The report comprised plans and projects for the future to be undertaken both by the Government and non-governmental organizations. This was balanced by shortcomings, possible solutions and recommendations for the future.
Since the submission of the initial report, important steps had been taken to harmonize Seychelles’ laws in compliance with the Convention. Amendments had been made to legislation as well as a specialized committee set up for harmonization of laws pertaining to children. Long and extensive deliberations and consultations were held with young people, service providers and parents. This created a public sphere where stakeholders, including children, had their inputs taken into consideration, hence facilitating the formulation of the legislation as a participatory process. Various inconsistencies were identified and the Children Act and Penal code had been amended.
A Family Tribunal had been created under the Children Amendment Act of 1998. The primary function of the Family Tribunal was to hear and determine matters relating to the care, custody access or maintenance of a child.
One issue undermining children’s rights was child labour. Young workers were used as cheap labour in areas where they were as equally productive as adults. However an employment tribunal existed, as well as a successful workers union to provide a forum and means of resolving disputes over terms and conditions of employment.
Presentation of the Report of the Seychelles
BERNARD SHAMLAYE, Minister of Social Development and Culture, said that the Republic of Seychelles was a small island State consisting of some 115 islands with a population of 87,440; most of whom lived on the three main islands; and children represented 28 per cent of the population. The Ministry of Social Development and Culture was the ministry with portfolio responsibility for children and the designated body for the coordination of the Seychelles response to the Committee on the Rights of the Child (CRC).
In 2005 Seychelles adopted a national theme focused on children – “Our children – our treasure, our future”. The National Plan of Action for Children, running from 2005 to 2009, was produced during that year. It was founded on the principles of the Convention on the Rights of the Child and built on earlier work undertaken under the Seychelles Programmeme of Action for Children adopted in 1995. The Risk Indicator Factor was created, which was a tool for the early identification of vulnerable children; as well as the establishment of the Child Development Centre to promote optimal child development.
A study showed that Seychelles was the fourth best place among 54 countries of the Commonwealth for a girl child to be born, based on eight indicators: life expectancy, underweight children, number of years in school, teenage pregnancies, girls accessing scholarships, political participation, women athletes and pay equity.
Yet still a lot needed to be done in the field of children’s rights, such as tackling topics including illegal drug trafficking, drug abuse, alcohol abuse and domestic violence. Also, the world financial crisis had affected Seychelles and it could be a challenge to keep a budget for children’s rights. Yet measures were implemented to help the most vulnerable in society.
Questions by the Experts
AGNES AKOSUA AIDOO, Committee member acting as the Rapporteur for Seychelles, noted that Seychelles was an upper-middle income country. The media was deemed to be free and a new media association was working on a new code of conduct. Seychelles was committed to human rights – that was also shown during the Universal Periodic Review in May 2011. Most human rights instruments had been ratified, but many reports were overdue, such as the report for the Committee on the Elimination of Discrimination Against Women, overdue since 1993. Also, what was holding up the ratification of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography signed by Seychelles in 2001?
Some of the systemic issues faced by Seychelles in implementing the Convention were the following: traditional social attitudes apparently did not picture children as rights holders, because that was seen as undermining family values and an institutional weakness, shown by the fact that the focal point for children was often changed from one ministry to the next. Another obstacle was linked to the workforce; there were serious shortfalls in skilled human resources, which resulted in 25 per cent of the workforce consisted of foreigners.
Girls could marry between 15 and 17 years of age and boys could marry at 18 years of age – this contravened the principles of the Convention on the Rights of the Child. What was Seychelles doing to amend this law? On coordination, did the Ministry have enough resources to deal with all the important issues at the national level? How was the implementation of the Convention evaluated and monitored? On the national plan of action, what role would the coordinating body play?
On children’s rights and the business sector, there was a trust fund to which businesses were encouraged to participate, with 100 per cent tax deduction. But what was the State party doing about children in the fishing industry? Did the State party plan to elaborate a comprehensive plan, including the tourism industry? The practices of the fishing industry could have a very negative environmental impact and thus harm the children living on the coastal areas. What was being done about environmental issues in Seychelles?
PILAR NORES DE GARCIA, Committee member acting as the Co-Rapporteur for Seychelles, said that there was a commitment on the part of Seychelles to protect children’s rights. There was a Court that dealt with children’s issues. Also, the age of sexual consent was not the same as the minimum age for access to contraceptives – there was a two year gap between the two which formed a substantive problem. There was another serious inconsistency between the child being subject of law and the rights of the child. For example there was no right of the child to know his or her parents.
Furthermore, the International Labour Organization also recommended that there should be clear legislation on what was considered dangerous work for children. What exactly was the budget for children in Seychelles? The Committee still needed disaggregated data according to vulnerable sectors.
Girls had few opportunities to follow technical careers. There was little tolerance in schools for children with disabilities, and sometimes it also concerned some ethnic minorities. Corporal punishment was still allowed. What system was there to deal with victims of domestic violence?
Another expert said that children born out of wedlock and who did not know one of their parents should have the right to know their names. What measures would be taken to facilitate the knowledge of origin by the child, and facilitate access to nationality even when the child was born out of wedlock?
There was a close working relationship between the Government and civil society; yet the non-governmental organizations were complaining about the working relationship with the Government. Psychological services for child victims of abuse and neglect were led by a non-governmental organization and not by the State. The State needed to take more responsibility and stop transferring programmemes for children to non-governmental organizations.
How would the media be encouraged to work in a more proactive way on children’s rights? Children also had the right to access information.
What was the legal status of the Chagossians who did not receive citizenship? They were now stateless. What was the State doing about this? Also, there was discrimination against girls in Seychelles. The State should start a wide-range campaign to try to overcome this issue of culture and tradition.
What educational and training programmes were available for parents and professional groups who worked with children?
With regard to the best interest of the child, there were staff for the family tribunal, but they needed to be trained to be able to better take the children’s needs into account. The principles enshrined in the Convention on the Rights of the Child were not subject to derogation. What was the State party doing to ensure non-derogation? The Expert referred to the Chagossians who failed to get citizenship even many years in Seychelles. What was the situation for their children?
A commission of children’s rights was created but nobody had really been appointed thus far.
There was legislation for courts regarding the rights of the child to be heard. Yet did Seychelles also have legislation for the right of the child to be heard in schools and in the family?
With regard to adolescent health, there seemed to be a high level of underage pregnancies and abortions. Did the girls have access to contraceptives? There was a good programme for maternity; however what support was available after childbirth?
What was the State party doing to reduce substance abuse by children?
The first university in Seychelles was established in 2010. Was there a plan to create a programme that focused on children studies?
Responses by the Delegation
There was indeed child prostitution in Seychelles. There was no obstacle in ratifying the Optional Protocol, yet a code of conduct needed to be developed with the tourist industry.
On the question of statistics, there needed to be more capacity-building. The State provided funding to the umbrella organization of the non-governmental organizations.
In Seychelles, neither the State broadcaster nor the main daily newspaper carried tobacco or alcohol advertising.
All children born in Seychelles automatically acquired citizenship. Seychelles recognized dual nationality and did not require duel nationals to abandon one citizenship at a certain age. The delegation did not exactly know the situation of the children of Chagossian immigrants. Some people of Chagossian origin were recognized and functioned as if they were just any Seychellois; some worked in the civil service. The question about the Chagossian children was surprising because there were no ethnic issues in Seychelles.
There were no fees for children who wanted to go to school.
On the question of divorce, the father’s name was kept. The majority of children were born out of wedlock. More and more children were being acknowledged by the father.
Parents, teachers and other professionals working with children needed to better respect the child’s right to be heard. There was a youth parliament. There was also a ten-year programme, until 2013, with ideas for projects that children wanted to see implemented, and ministries worked with that programmeme.
With regard to corporal punishment, it was still taking place in a number of homes. Yet there had been sensitization and it took place way less often than it used to. Parents had the right to discipline their children.
With regard to the age of consent for sexual intercourse, a person who had intercourse with a child under 15 could not use the defence that the child was consenting. The head of delegation did not believe there was a law with a specific age for the access to contraceptives; it was a problem for the parents. The national sexual and reproductive health policy was being finalized to address issues like the latter.
Questions by the Experts
The number of divorces had increased. The State needed to provide more childcare for those children, because the cost of childcare represented 12 per cent of the daily salary of a worker, which was significant.
How did the State protect the children born from teenage pregnancies?
There was only one care centre for addiction rehabilitation, but it was for adults. Where did the children go who were affected by those issues?
Given the small number of children and the relatively wealthy level of Seychelles, the Committee would like to see a more energetic engagement on the part of the Government. Would Seychelles ratify the Hague Conventions on child maintenance? On the topic of drugs, it was very concerning that 40 per cent of the students of one school reported that they were using drugs on a regular basis. What preventive measures existed for the families and the industries to curb the use of alcohol and tobacco? Were there enough psychologists to deal with those children?
With regard to sexual exploitation, there were very long delays to deal with cases. What specific measures were taken to prevent sexual exploitation, and what measures were undertaken towards reintegration for the victims? How did the State ensure that the perpetrators were found and punished?
There were still many issues that needed to be addressed for children with disabilities. What was being done to avoid institutionalization? What steps had the government taken to provide inclusive education? How did the government ensure that children with disabilities could express their views on an equal basis with other children? Did they have access to information about sexual education?
Human rights education was included at secondary level. Was it also introduced at primary level? The school drop-out rate of children was concerning. In terms of vocational education, what were the possibilities? The educational system was reformed in 2009-2010. Did the new system get rid of gender stereotyping? Why did girls still have trouble accessing vocational training?
The expert congratulated the delegation for the high rate of crèche attendance.
There was only one prison in Seychelles and conditions for the inmates were not good. Pre-trial detention could last more than three years. What was being done to address this? With regard to criminal responsibility, it was 12 years of age but could sometimes even be seven years of age – it was dealt with on a case by case basis. That was not respecting the Convention.
Was there a law that addressed trafficking? What was done to identify victims of trafficking? What were the specific legal measures to protect the child victims of crimes and help them in the process of the trial?
Labour was allowed by the law from the age of 15. Convention 182 of the International Labour Organization was ratified, which was a good point. Yet it could only be effective if the State adopted laws that defined what type of work was hazardous for children.
With regard to HIV/AIDS, was there proper awareness-raising?
There was no national campaign to promote breastfeeding and there were no strict rules concerning the replacement formula milk for infants.
The army comprised of about 200 people, and voluntary recruitment was allowed below the age of 18 if the child had parental consent, yet the Charter of the African Union put the age of recruitment at 18 years. Did the State party consider changing this?
Response by the Delegation
The Committee on Child Protection consisted of people from different ministries. The body had not met recently and needed to be restructured in order to make it more efficient, as it did not have enough resources to cover all aspects of human rights. The Human Rights Commission was set up in 2009, and is mandated to also look at children’s rights.
Questions by the Experts
Had the State party abandoned the idea of filling the position of Commissioner for Children’s Rights? Children should be able to lodge their complaints.
The report stated that there were 18,000 cases dealt with by the Family Tribunal – how come? Was this number correct?
How did Seychelles monitor the employment of children aged under 15 in fisheries and in hotels?
Response by the Delegation
The function of the Commissioner would be taken over by the Commission.
Health care and education were free and in schools there was a dedicated fund that assisted vulnerable families.
In matters of sensitizing parents on the importance of the child, there were for example pre-natal sessions provided by social welfare services that were also attended by the fathers.
The Employment Ministry ran a programme for young mothers to help them take care of their child. It was true that some girls did not return to school after being pregnant; however there was support from the Ministry of Education so that they could pursue their education. They were, for example, allowed to change schools if they wished.
There were many sensitization programmes carried out on the dangers of alcohol and drugs. Cannabis was the main drug used by young people. The rehabilitation centre also treated persons less than 18 years of age. It would be desirable to have separate facilities, but the staff of the main centres understood the needs of children.
Blanket banning of the advertising of alcohol and tobacco had not yet been considered.
There were not enough mental health professionals and there was a need for specialization for social workers.
There was preventive work vis-à-vis sexual abuse of children, carried out by the Ministry of Education and the Ministry for Social Development. Children were taught how to recognize such situations and two phone lines had been established for them to use for reporting sexual abuse.
Perpetrators of abuse were of course brought to justice, but there had been long delays in settling court cases. A deadline of one year had recently been created and hopefully it would be respected.
There was indeed a problem with the cited number of 18,000 cases resolved by the Family Court, and the delegation would return to the Committee with the correct information.
The Employment Act was being revised and the definition of hazardous work would be included. No child under the age of 15 could work. For children over 15 years the employer had to seek authorization by the Employment Department.
Children were sensitized about the tourism industry. It was not seen as something that was dangerous. The Government should indeed be more proactive about possible dangers of the tourism industry.
The juvenile detention centre had not yet been built; it was still at the planning stage. The prison centres were currently full because of piracy.
Criminal responsibility was at 12 years and sometimes it could be considered to be as low as seven years. The delegation did not believe that this provision was actually used.
Questions by the Experts
If there were no actual cases of seven years old being tried for criminal responsibility then there really should be no problem in removing this law.
The HIV/AIDS rate was rather high for such a small country. Prevention really was key and a much more comprehensive programme should be developed which focused on adolescents and mother to child transmission.
Did the State party plan to change the law on adoption, and why? Was the central authority the same for adoption as before?
The study by the United Nations country team done in 2010 drew attention to a trend that was developing with respect to poverty indicators that Seychelles needed to look at. Did Seychelles take on board some of the recommendations formulated? Single teenage parents, for example, needed special attention.
Response by the Delegation
If there were adolescents who joined the army, they would enter by 17, receive training and start as a soldier when they turned 18 years old. The army received training on humanitarian law and human rights.
A social worker may accompany a child in Court.
There were many sensitization programmes on HIV/AIDS but it was crucial that people changed their behaviour.
The main hospital wanted to become a more child-friendly hospital and had decided to advocate exclusive breastfeeding until the age of six months.
There were no cases of children with disabilities being abandoned by their parents. There had been more visibility on inclusive education in the past few years. A new primary school had opened in 2010 that had special facilities for children with hearing impairments.
On the topic of reproductive health, a sensitization programme was run in schools.
The education plan from 2009 to 2010 perhaps did not cover all the children’s issues it needed to. The ambition was to revise the curriculum to offer more technical studies that would better meet the children’s needs. Although it was the case that more boys than girls attended the technical schools, girls had the opportunity to access those schools. The Government had to work harder on improving the social dynamics in schools.
There were children who needed extra lessons and some parents could not afford it. The Ministry for Education advocated differentiated teaching where the teacher would address the different needs of children. However in practice Seychelles had not achieved this standard of teaching yet.
There was no institutionalized discrimination in Seychelles but vigilance was always necessary.
There was an issue of people being psychologically dependent on the state. Regarding questions on sustainability, all citizens needed to move from a situation of desire of dependence to a situation of independence.
Concluding observations
PILAR NORES, Committee Member acting as the Co-Rapporteur for Seychelles, noted that the national legislation of Seychelles still lacked greater involvement in the inclusion of the Convention. The Committee really wished to see an improvement in that field. Also, all violence towards children should be prohibited.
AGNES AKOSUA AIDOO, Committee Member acting as the Rapporteur for Seychelles, said that there had been a frank and constructive dialogue with the delegation. Many of the issues raised still needed attention. Many areas needed much more energetic effort, including the area of legislation. The various reviews and considerations presented by United Nations agencies and non-governmental organizations should definitely be taken into account when formulating policies. Also, the training of professionals on the rights of the child should be improved. In addition, the socio-cultural root causes of the violations of children’s rights should be better addressed. Wastage of human resources in the school system should be avoided and drug and alcohol abuse should definitely be tackled. It took resources to meet all of those concerns. However Seychelles had quite significant means so the Committee wished the State party would undertake more actions for the respect of children’s rights.
BERNARD SHAMLAYE, Minister of Social Development and Culture, mentioned that there should be better inclusion of all stakeholders, as well as improved inclusion of the Convention on the Rights of the Child provisions. Seychelles should learn from best practices. The recent “social renaissance initiative” gave Seychelles a good opportunity to systematize new initiatives to deal with youth and children, and to address uncompleted tasks. The Committee had given the delegation some good advice, and Seychelles hoped that continuous progress on the issue of children’s rights would now take place.
For use of the information media; not an official record
CRC11/030E