Seychelles is an island country in Africa located in the Indian Ocean. The population of this country is approx 1,21,355 with 457 square kilometers area. Ethnically, 97% of the population is Seychellois Creole. The most widely spoken languages are Seychellois Creole, English, and French. A small number of people speak Tamil. Religiously, 74.9% Christian, 5.4% Hindu, 2.4% Muslim, 5.1% others, 12.2% have never declared any religious identity.
Separate locations will be ensured for accused and prisoners, men and women, minors and adults in prison. The minimum and maximum number of ministers in the cabinet are determined.
These are positive aspects. Now let's discuss the negative aspects.
The president can appoint a person to the office of minister with the approval of the majority of the members of parliament. This rule is very excessive. If parliament interferes in every decision, the government will not be able to function properly.
Admirable Articles of Seychelles's Constitution
16
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.
18. (Part of it)
● Every person has a right to liberty and security of the person.
● A person who is arrested or detained, if not released, shall be produced before a court within twenty-four hours of the arrest or detention or, having regard to the distance from the place of arrest or detention to the nearest court or the non-availability of a judge or magistrate, or force majeure, as soon as is reasonably practicable after the arrest or detention.
● A person who has been unlawfully arrested or detained has a right to receive compensation from the person who unlawfully arrested or detained that person or from any other person or authority, including the State on whose behalf or in the course of whose employment the unlawful arrest or detention was made or from both of them.
● A person who has not been convicted of an offence, if kept or confined in a prison or place of detention, shall not be treated as a convicted person and shall be kept away from any convicted person.
● An offender or a suspect who is a minor and who is kept in lawful custody or detention shall be kept separately from any adult offender of suspect.
● A female offender or suspect who is kept in lawful custody or detention shall be kept separately from any male offender or suspect.
● Where a person is convicted of any offence, any period which the person has spent in custody in respect of the offence shall be taken into account by the court in imposing any sentence of imprisonment for the offence.
● A person shall not be imprisoned merely on the ground of the inability to fulfill a contractual obligation.
21 (Part of it)
● Every person has a right to freedom of conscience and for the purpose of this article this right includes freedom of thought and religion, freedom to change religion or belief and freedom either alone or in community with others and both in public and in private, to manifest and propagate the religion or belief in worship, teaching, practice and observance.
● A person attending any place of education shall not be compelled to impart or receive religious instruction or to take part in or attend any religious ceremony or observance.
● Subject to this Constitution or any other law, a person shall not be compelled to take any oath that is contrary to the religion or belief of that person or to take any oath in a manner that is contrary to that religion or belief.
● A person shall not be required to profess any religion as a qualification for public office.
● A law shall not make provision for the establishment of any religion or the imposition of any religious observance.
29
● The State recognises the right of every citizen to protection of health and to the enjoyment of attainable standard of physical and mental health and with a view to ensuring the effective exercise of this right the State undertakes-
● to take steps to provide for free primary health care in State institutions for all its citizens.
● to take appropriate measures to prevent, treat and control epidemic and other diseases;
● to take steps to reduce infant mortality and promote the healthy development of the of the child;
● to promote individual responsibility in health matters;
● to allow, subject to such supervision and conditions as are necessary in a democratic society, for the establishment of private medical services.
36
The Stated recognises the right of the aged and the disabled to special protection and with a view to ensuring the effective exercise of this right undertakes-
● to make reasonable provision for improving the quality of life and for the welfare and maintenance of the aged and disabled;
● to promote programmes specifically aimed at achieving the greatest possible development of the disabled.
38
The State recognises the right of every person to live in and enjoy a clean, healthy and ecologically balanced environment and with a view to ensuring the effective realization of this right the State undertakes-
● to take measures to promote the protection, preservation and improvement of the environment
● to ensure a sustainable socio-economic development of Seychelles by a judicious use and management of the resources of Seychelles;
● to promote public awareness of the need to protect, preserve and improve the environment.
69 (Part of it)
● 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.
70 (Part of it)
● A Minister has such title, portfolio and responsibility as may be determined from time to time by the President and a Minister may be assigned the responsibility of more than one Ministry at any time.
● Nothing in this article operates to prevent the conferring of functions on a Minister by or under an Act.
● Ministers shall perform their functions under clause (1) under the direction of the President.
Facts of Seychelles's Constitution
Preamble (Part of it)
We, the People of Seychelles,
GRATEFUL to Almighty God that we inhabit one of the most beautiful countries in the world;
EVER MINDFUL of the uniqueness and fragility of Seychelles;
CONSCIOUS of our colonial history before becoming an Independent Republic;
AWARE and PROUD that as descendants of different races we have learnt to live together as one Nation under God and can serve as an example for a harmonious multi-racial society;
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;
INVOKING the blessings of Almighty God;
SOLEMNLY DECLARING our unswaying commitment, during this our Third Republic, to
● maintain Seychelles as an independent State both politically and economically;
● safeguard its sovereignty and territorial integrity;
● help preserve a safe, healthy and functioning environment for ourselves and for posterity;
HEREBY adopt and confer upon ourselves this Constitution as the fundamental and supreme law of our Sovereign and Democratic Republic.
69 (Part of it)
● 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.
143 (Part of it)
● There shall be an Ombudsman who shall be appointed by the President from candidates proposed by the constitutional Appointments Authority.
● A person is qualified for appointment as Ombudsman if-
● the person is a citizen of Seychelles;
● the person is of proven integrity and impartiality;
● the Constitutional Appointments Authority is of the opinion that the person possesses demonstrated competence and experience and can effectively discharge the functions of the office of Ombudsman; and
● Subject to this Constitution, the Ombudsman shall not, in the performance of the office of Ombudsman, be subject to the direction or control of any person or authority.
