The nation dividing former President of the Seychelles will be mostly remembered for the treasonous event that he directed on the 5thof June 1977 in a bloody coup d’état that overthrew a coalition government he was part of. He will also be remembered by most for the many deaths, disappearances, theft of a nations wealth and many more under his brutal dictatorial regime. Between 1977 and 1993 he ruled by violence and fear under a one party socialist state. All his communist experiments were a total failure, such as the National Youth Service (NYS) indoctrination camps.
The late terrorist with his AK-47; Albert Rene
The late terrorist wrote his will on the 27th of September 2016, the same day LDS was sworn in the National Assembly and James Michel announced his resignation. This was the first time any opposition party had won an election since the beginning of the third Republic.
The will of Albert Rene was handled and endorsed by Daniel Cesar, the advisor to former Speaker of the National assembly Patrick Pillay. Former Speaker Pillay was also sworn in on the 27th of September 2016 and eventually resigned on the 29th of January 2018. During that time two important committees were formed; Truth & reconciliation and Anti-Victimization. It is alleged that during that time, some case files were being leaked, possibly to Albert Rene. Was Daniel Cesar the agent and spy for Albert Rene and others?
Attorney and Notary to Albert Rene
Even dead, Albert Rene is attempting to keep milking the taxpayers and break the law by wishing the Government continue to pay his pension allowance to his spouse; a violation of the Presidents Emolument act. The late terrorist is further consistent in attempting to violate more laws. He wishes that the funds of the Share and Care Fund, which was set up under the Public Finances Act, be transferred to the new FAR foundation.
Albert Rene further claims that he was almost penniless at the time of writing the will! When were the unexplained wealth of the multi-million dollar assets around the world and Seychelles transferred?
In July 2016, Peter Bones Boniface made a visionary speech in an LDS rally in which he correctly predicted the coming victory of the LDS in the Assembly elections; the resignation of then President Michel, and the approaching death of Albert Rene. In that speech, he sent out a public message to Rene warning him that he didn’t have long to go, and that history would remember him as the biggest criminal that Seychelles has ever seen. Now that Rene is dead, Bones sets out below his faith in the new age of Unity and Humanity that he envisions will someday happen in our society.
By Peter Bones Boniface
The death of ex-President Albert Rene has brought new Hope for the majority of Seychellois who are determined to bring a new age of Unity and Humanity to our nation. For all decent, peace- loving Seychellois, it is a blessing that the evil spirit that has brought so much sufferings, violence, hatred and moral degradation to our society, has now finally left us.
I now have full faith that we will someday succeed in bringing back into our society the moral values and loving spirit that was once the pride of our Creole culture, because the Force of Good will now grow stronger and will gradually wipe out all the evil poison that Rene brainwashed into the minds of our people.
The evidence for that started to show in the ridiculous circus of Rene-worshipping that was conducted for his funeral. The US party that promotes Rene’s evil ideology of hatred and violence, had seized this golden opportunity to use SBC state television and radio to spread their shameful propaganda. But it backfired spectacularly.
First of all, they failed to attract the massive crowds of supporters they had expected after their bizarre propaganda mass, media publicity campaign, free transport and other bribes. All they got was a relatively small crowd of ageing fanatics which included a mob of village people who attacked journalist Nicette, and were keen and proud to show off the primitive violence and hatred that they had learnt from their master, Rene.
To make it worse, the US organisers couldn’t find anyone of respectability who was willing to make adoration speeches to Rene. So they had to contend themselves with a few sickening eulogies by some dodgy characters which included Rene’s wife, Sarah. Last year, Sarah shocked the nation with her outrageous lies after the vast government properties that she fraudulently acquired with Rene during his 27 years in power, were exposed by the National Assembly. For the funeral, she decided to knock herself down even more with a deeply embarrassing speech in which she again lied shamelessly about Rene’s ‘extraordinary’ good heart and innocence, when she knows fully well the horrible sufferings that Rene caused to thousands of our people.
So altogether, it is very obvious that this sneaky PR exercise has done more harm than good to US’s image, and their chances of survival in the next elections now looks very slim. But what that sinister pantomime has also shown us, is that Rene’s millionaire family and the wealthy cronies whom he corruptly enriched while he was in power, are now on a mission to have Rene worshipped as a hero and a liberator by our nation. Unfortunately for them, this will never happen.
They will fail big time because the evil cult that they are promoting was built through evil practices which included human sacrifices and a barbaric Mind-Control campaign that managed to brainwash all the gullible people who didn’t have enough wisdom to see the obvious cruelties that Rene was openly preaching and practicing.
Over the years, a mass of people who at first got caught in Rene’s indoctrination, including all his original Ministers, managed to break free from his chains, and ended up denouncing and condemning all his monstrous crimes. The only two original Ministers who remained trapped are the two who were installed as Presidents after him. Besides them, the little dwindling band of worshippers who still remain brainwashed today, will never be saved. They are a dying breed who like an ancient tribe, will gradually go extinct and follow their master into the dustbin of history.
The majority of Seychellois on the other hand, especially the younger generation, are today too informed and too wise to allow themselves to be brainwashed by the foolish lies that this new deluded team of Rene-worshippers are trying to promote. The whole nation knows that Rene was a brutal dictator who terrorised our nation with a Reign of Terror that saw thousands of our people victimised, dispossessed, tortured, imprisoned, exiled and even murdered. They know that he brought guns, violence, hatred and division to our once peaceful people by carrying out a violent military coup and by constantly preaching to his supporters to treat all his opponents as “enemies of the people”.
They also know how much he enriched himself, his family and his cronies with our nation’s wealth and properties; and how far advanced and prosperous and united we could have been today if he hadn’t carried out his cowardly coup. Worse still, they know that he showed his contempt and disrespect for our nation, by refusing till the end to offer any remorse or apology for the horrible sufferings he caused to our people.
After all this evidence, those who still choose to worship such a psychopath as their hero are either plain retards, totally brainwashed or possessed by evil themselves. Their poster boy, MNA Aglae provided a genius defence recently when he shockingly announced to the National Assembly that Rene’s crimes were justified because of the progress he brought to Seychelles. What Mr Aglae was in fact admitting, is that his US party which is fully made up of Rene worshippers, still believes that it is right to terrorise and victimise opponents in the name of progress; and would happily do the same if they ever got into power again.
Fortunately for us, this will never happen again. This kind of dangerous ideology that Rene brainwashed into the minds of his supporters; and that MNA Aglae and MNA Gill are still trying to promote, will never again distort and poison our people’s minds. Once our nation, especially the youth, is educated with high moral principles and inspired by real Seychellois heroes who have brought pride and moral value to our nation, no evil cult will ever rule our country again.
This is why I am making this humble appeal to President Danny Faure to seize this unique opportunity now to take the actions necessary to wipe out Rene’s evil spirit from our society, and thus help speed up our nation’s progress towards the age of Unity and Humanity that we are destined to reach. If he can find the courage to do that, he will earn great respect from our nation.
I therefore appeal to him firstly, to order a full investigation into the crimes that Mr Rene committed against our people, with the aim of issuing an official Condemnation and a formal Apology to the thousands of Seychellois who have suffered from his crimes. The majority of Seychellois believe that there is now an urgent need for such an action because Rene ’s crimes have never been investigated and he has been allowed to escape to his grave scot-free. If President Faure really wants to bring Justice and Unity to our nation as he promised, he has a duty now to take a decisive, symbolic action that can bring a sense of Healing and Closure to the thousands of Seychellois who were victimized and terrorised by Rene.
Secondly, I appeal to President Faure to launch a national free debate on SBC television and radio which will allow our whole nation to know the Truth about the monstrous crimes that Mr Rene committed against our people; especially the disappearances and murders that are still tormenting the minds of many families today.
I am making this Appeal because I sincerely believe that once we have cleaned our society of this dark evil force, people from both political camps will feel a new enlightened human spirit and a new national pride and desire to work together to bring Unity, Peace and Prosperity to our nation. I have full faith that the majority of Seychellois have the courage, wisdom and humanity to make this dream happen; and it will someday happen.
Peter Bones Boniface is a wellknown Seychellois lawyer, singer- songwriter and sportsman who was an open critic of President Rene’s One-Party State throughout the Eighties. As a result, he was often arrested until the age of 27 when he was imprisoned for several months in solitary confinement, under the direct orders of President Rene. Upon his release, all his songs were banned on national TV and radio; his property was later acquired despite his protests, and he was forced by death threats from President Rene to take his young family into exile in London where he’s been living since.
Below are some of the promises and statements made by the president during the State of the Nation Address last year for which feedback is required this year.
1. The concept of a ‘Day Centre’ for adults allows elderly to spend their day with peers and engage themselves meaningfully somewhere where there will also be someone present to give care if necessary. The Government will make land available to the private sector for them to build and manage such establishments, and we will pay to use this service.
2. Mr Speaker it is very encouraging to note that the Anglican Diocese has taken the initiative to build a Home for the Elderly in Le Niole. The Government is making land available to the private sector to build and manage such establishments.
3. ‘Nursing Homes’ are places for elderly citizens who require specialised care, like the Hospital at North East Point. Again, the Government is making land available to the private sector for the construction and management of such establishments.
4. With the aim of promoting our local traditions and Creole culture, the Government is making land available to the private sector to construct and manage restaurants that serve exclusively Creole food.
5. On Praslin, we are improving infrastructure to facilitate diversification and increase the role that Praslinois play in the development of the island. This includes new projects such as a road for La Plenn Olandaise which will connect Baie Ste Anne and Grand Anse Praslin.
6. The Government has decided that SFA will become an autonomous agency from January 2019.
7. We will be making land available to the private sector in Grand Anse Mahe, Anse Royale, and Baie Ste Anne Praslin to be used for leisure activities and entertainment, such as a discotheque for example. We invite the private sector to construct and manage such establishments.
8. We have decided to construct a second dam in the district of Grand Anse Mahe. Following a study, this dam is expected to cost 80 million Dollars.
9. Using LNG for our electricity needs is highly advantageous, both from a practical and economic standpoint. The cost of this project is estimated at 216 million Dollars. Today, I invite the private sector, including all Seychellois, to join us in formalising this project. We ask all our citizens and the private sector to be a part of this new company, which will be created this year
10. A new law called “Public Private Partnerships Act” will be presented to the National Assembly in June this year for its consideration.
11. This year, the Government will allocate 351 plots of land from the land bank based on this new policy. We expect to begin allocation from June.
12. We face constraints in terms of facility and resources for the treatment and rehabilitation of addicts, but we will start construction on a new rehabilitation centre at Cap Ternay toward the end of this year.
13. Mr Speaker, alcohol abuse remains a serious problem. Last year I proposed a frank debate on this subject, where the National Assembly makes concrete recommendations. I would like to inform the National Assembly that the Government is in the process of finalising a comprehensive policy that will be implemented from July this year.
14. Mr Speaker, the Government will bring a new law on domestic violence for the approval of the National Assembly before the end of July this year.
15. Laws on the amendment of our Constitution will be presented to the National Assembly before September this year.
16. This year the Government will establish a “small claims tribunal”. This will provide people with an alternative means to resolve smaller cases or claims without engaging in a complicated or expensive process.
17. The Government remains steadfast in the fight against corruption. The Anti- Corruption Commission is the independent authority that has been mandated by law to carry out investigations and detect corruption. We will review the anti-corruption law and give more resources to this authority to ensure that it functions in a more effective and efficient manner in the investigation and detection of corruption. The law will be presented to the National Assembly for its approval before September this year.
THE FINAL REPORT OF THE SEA HORSE CONDUCTED BY MAIB( MARINE ACCIDENT INVESTIGATION BOARD).
Having considered all the information gathered during the course of this investigation, the MAIB has established the following:
1. Proper loading practices with regards to petroleum products were not followed by IDC and the Prison Authorities. The onus is on the master of the vessel to ensure that cargo is properly loaded and stowed.
2. SEYPEC as the distributor of petroleum fuel should not have loaded Mogas in IBCs. It is to be noted this practice is not acceptable in their depot, yet this was allowed outside of their facility.
3. Volatile fuel (Mogas), which is IMDG Class 3 dangerous cargo7 , was being carried as deck cargo in IBCs, which is an unsafe practice (Annex 12 refers).
4. Upon receipt of notification of such an incident, SMSA is the Authority mandated to assess and coordinate the response from start to finish. In this case IDC unilaterally took charge of the operation whilst the relevant authorities were reliant on IDC for resources for the operation.
5. No planned search and rescue operation was conducted in line with established search and rescue procedures by the mandated authorities. The surface search operation carried out was being managed by IDC. There was no other or concurrent search and rescue operation carried out by any other authority.
6. First response to the incident was not well-coordinated, nor was it carried out by persons trained in search and rescue operations.
7. The first plane that was dispatched to Coëtivy had a capacity of 14 pax but had only five persons on board, all of which were IDC staff. No persons specialised or trained in search and rescue were on that flight, as would have been expected.
8. During the search operations being carried out there was no means of communication between shore and the vessels conducting the search (prison launches).
9. SCG P/V Topaz reacted with a 6-hour delay from the time of being notified of the incident (from 0200hrs to 0815hrs).
10. SCG vessel “P/V Topaz” left Mahé at approximately 0815hrs on 26th August 2018 and reached Coëtivy at approximately 2200hrs, 14 hours later. Upon arrival of P/V Topaz at Coëtivy, there was no reported search operation conducted immediately after arrival. P/V Topaz remained at Coëtivy anchorage.
11. The search operation that was being conducted by IDC was called off under 48 hours later, as announced by IDC in the media. No other search operation was underway nor was any initiated following the announcement that the search was being called off.
12. The search that was being conducted by the Prison Authority was suspended at 0200hrs, approximately two hours after the incident. Whilst the inmates and personnel of the Prison Authority involved in the search were not trained in search and rescue procedures, they should have been guided by competent persons or authorities trained and mandated to conduct and coordinate such operations.
13. There were several possible sources of ignition on board at the time of the incident. These include the main engine inlet vent fans, electrical extension cable leading from the accommodation to the deep freezer in the container, the two deep freezers stowed in an enclosed container themselves and battery poles connection on the telehandler. Additionally, there were two known smokers on board the vessel, one of whom was on watch at the time of the incident.
14. Volatile fuel on board being carried as deck cargo in flow-bins further fuelled the fire.
15. Strong south easterly winds gusting up to 60 km/hr assisted the rapid propagation of fire from the deck to the crew accommodation and the engine room.
16. The incident occurred just after a rough passage of about thirty-six hours, at a time when the crew was tired, even if the minimum safe manning was respected (refer to minimum safe manning certificate Annex 3).
17. The position of the vessel at time of the incident is calculated to have been 0.628nm (1,163m) from the shore in a depth of 26metres.
18. The vessel had only one anchor forward with 60m (55m effective length) of anchor chain, which is believed to be insufficient for the trade she was plying. Mr. Gappy estimates that he dropped about 30m of anchor chain. The rule of thumb is that the length of chain used should be at least three times the depth.
19. From photographic evidence collected vessel was badly burned, which could have damaged the structure of the vessel.
20. From the engine manifold, the exhaust pipe was made of steel and went down to the bilge where it was joined by a section of flexible pipe and then continued with steel pipe to a strum box, double gate valves before penetrating the hull on the side just after the accommodation/Engine room bulkhead. She was also taking in water through the engine room exhaust as both engine room gate valves were left open.
21. Last known position of vessel was 06º49”S 055º58”E (25.5nm from Coëtivy) at 0725hrs on 27th August 2018 (SAF) (see Annex 9).
22. There were no records of safety drill carried out as per normal practice of the industry.
23. No life-saving appliances (fixed or personal) were used by any member of Sea Horse’s crew during the entire accident.
24. There are no established communication procedures and record-keeping between the vessel and the management company.
25. Everyone interviewed (save for Kumji) stated that that IDC does not normally allow the loading of Mogas in Flow-bins. However, because it was the Prison Authority that had chartered the vessel, the Mogas was loaded. IDC has no laid-down procedures for the carriage and stowage of dangerous goods.
26. There is precedence of dangerous cargo class 3 being carried in IBCs as deck cargo. The Prison Authority has in the past chartered Fishing Vessel St. Andre to transport Class 3 dangerous cargo in IBCs to Coëtivy on at least two previous occasions.
27. Mr. Goldy Dupres, despite being a very experienced seafarer, did not have the proper competency/qualifications to be given the responsibility of the SAR operation on scene.
28. The MAIB recognises that accident happened during adverse weather conditions and as such acknowledges the contribution and effort of the IDC and the Prison Authority, especially the inmates at Coëtivy that we felt, under the circumstances and limited resources at their disposal, assisted greatly in the operation.
29. The outcome of this incident could have been different had there not been delay in mobilisation of resources and response.
30. Had competent personnel/authorities been mobilised in a timely manner, the SAR results could have possibly been more positive.
31. There was no port clearance issued to Sea Horse for this particular voyage. No records exist at SPA for previous voyages since June 2018.
The 22nd of September marks 39 years since the horrendous event where three innocent children lost their lives at Anse Faure; two others were maimed for life. Around 2pm on a sunny Saturday afternoon in 1979, a group of children was playing football on the beach where the Katiolo nightclub is located, as they usually would. The tragedy started when the group of children found unexploded rocket propelled grenades scattered around the granite rocks. Curious and innocent, one of the boys picked up one of the grenades not knowing what it was. The grenade exploded.
Patrick De Sylva, Andre Etienne and Micky Pouponneau were all fourteen years of age when they were tragically killed. The brothers of Patrick De Sylva and Micky Pouponneau were left badly injured but survived.
The explosion of the grenade also left behind a huge crater in the sand and amplified the fear that was already in the communities in Seychelles during this era.
The army including Tanzanians had been training the nights before around the area and had irresponsibly left these unexploded grenades in close vicinity to the public beach. The Albert Rene terror organization that masqueraded as the government was responsible for this tragic incident through the irresponsible neglect of public safety. The terror regime claimed to one of the families that it was unexploded grenades from World War 2; a clear lie.
Severe leg injury of one of the brothers
For obvious reasons the regime that was responsible for this unnecessary tragedy kept this news out of state controlled media. No compensation from the Government has ever been made to the families concerned, to this day.
This forgotten part of our history shows the consequence of actions of an irresponsible Government. The history of the SPUP/SPPF/Parti Lepep Government shows that even at the beginning of their governance there was complete disregard for safety of the public. The negligence of those who should have known better, meant that children lost their lives. The families are still suffering to this day and there has never been any accountability whatsoever.
The Seychelles Business Financial Authority (SBFA) has acted as a money channeling agency since its creation though it was created to encourage the growth of small enterprises. It was meant to provide concessionary loans to small businesses registered with SENPA. It did not do only that.
What it did was to grant loans to many people who never needed the loans in the first place. One very senior member of the National Assembly with big business did in fact benefit from a loan from the authority in 2013 and had not bothered to pay until the urgent question to be asked in reference to SBFA came to his attention. He paid up immediately.
There are also several suspicious accounts that have been written off which points directly to relatives of members of staff as well as persons closely related to the ruling party but worse of all is the CEO’S attitude towards staff. Not only did she position cameras in several offices to keep staff under constant surveillance, it is alleged she also incorporated listening devices to listen in to staff conversations. The proposed investigations into the affairs of SBFA should ensure that better control mechanisms are implemented in the future.
Storms that swirled through North Castle, a town in Westchester county New York, hit a home under construction and collapsed last week. According to a local newspaper that is part of the USA today network, the property is owned by the nation of Seychelles. Land records show that the property was purchased by Seychelles in 2016 for more than $2.2 million.
North White Plains firefighters had responded to 1503 Old Orchard Street to make sure no one was inside the damaged house, which was being built on a 7.92-acre parcel. Strong winds may have hit the building and caused part of the roof to collapse, said Sara Carter, a representative of the U.S. Consul General for the Republic of Seychelles, which owns the property, according to North Castle town records. No one was hurt, she said.
More drama was to follow when Police officers responding to the building collapse on the Seychelles owned property found stolen goods; a caterpillar backhoe that was stolen from the town of Ossining. The caterpillar was reported stolen from Ossining on the morning of July 30. Officials with the Seychelles Consulate did not reply to emails seeking comment from the local newspaper.
Does the Seychelles really own the property or is someone using the good name of Seychelles to hide from paying taxes?
The Chief Justice(CJ) has so far purchased 2 parcels of land from the Republic, one in 1999 via Seychelles Housing Development Corporation whereby she more than doubled her money in 45 days having sold H2868 for SR400,000; all this whilst not residing in Seychelles. In 2013, she purchased another, B6935 for the sum of SR204, 000. This property has been highlighted in the media recently for the unethical use of public funds by the judiciary to benefit the CJ. Most ordinary Seychellois does not even get to purchase 1 parcel of land from the Republic in their lifetime.
If corruption is defined as “the abuse of entrusted power for private gain” the reader can themselves decide if this is corruption.
What is interesting about B6935 is that the notary is not known; it is just a squiggle. An Assistant official notary is a person from the Attorney-General’s Chambers. Why does his or her name not appear on the document? Where is the notarial stamp? When an Attorney from the private bar submits a document for registration the Registrar will return the document if it is not stamped by the Notary or Attorney; why was this not followed this time and the document was registered? Who was the Registrar of Lands at the time? Is this document as drawn up therefore legal?
With the upcoming tribunal, President Danny has no option but to act like a President and suspend the Chief Justice with immediate effect and work to force her resignation. The reputation of the judiciary is now in tatters and the Presidents mantra of accountability, transparency and good governance must now be turned into action. The people of Seychelles await.
While there is a lot of speculation as to what may have happened to Marvin Asba who disappeared on Independence Day last year, his family continues to seek the support of the police and government as they try and put together the pieces of the puzzle. Unfortunately, all agencies the family has turned to have failed to respond appropriately.
The parents of Marvin
The investigation into the disappearance of Marvin took a turn for the worse with the sudden resignation of the chief of the Investigation Department Chief Superintendent Francois Freminot who had been directly involved with the investigation.
In mid June this year, the parents wrote a letter to the Commissioner of Police (Compol) Mr Kishnan Labonte highlighting their plight and seeking his support for the continuation and update of the investigation. The letter was copied to senior politicians but the family alleges that no one, including the Compol, had even the courtesy to acknowledge receipt of their correspondence.
From the testimonies of members of the family, it becomes apparent that the agencies concerned with the investigative process was very late in taking proactive measures. Routine procedures like the tracing of phone calls have failed to bring in positive results to date. This remains a serious embarrassment for the investigative agency.
In short, the police has failed to deliver. It is to be noted that two persons closely related to Marvin Asba have also met with unprecedented fate. Peter Zoe also disappeared while Dadi Lespoir was found dead in his vehicle. Post mortem results made public by the police indicated he died of heart failure and he was cremated.
In May 2017, a symposium was held at ICCS where the idea of setting up a Truth and National Reconciliation Commission was discussed. When Honourable Basil Hoareau suggested that perpetrators of certain crimes which had been committed against the people of Seychelles be granted immunity, this idea was booed by the whole audience.
In my view, The Truth, Reconciliation and National Unity Commission Bill is designed to protect the perpetrators of crimes committed against the people of Seychelles, such as treason, murder, illegal imprisonment, and disappearances to name a few, and has nothing to do with justice and closure for the victims. No input was ever sought or received, from the victims. This Bill can be described as a piece of legislation set up to absolve the present regime from all crimes committed against its citizens, as long as the perpetrators “sincerely apologise to the victims” and file “a petition for amnesty”, which “shall be granted.” For example, those who abducted Hassan Ali and did whatever was done to him and disposed of his remains, will come before the Commission and when asked about this event, will invoke section 13 ( c) of “The Bill” against self-incrimination” and refuse to answer. How will the truth surrounding the coup d’état and the atrocities ever come to light, and how will the families ever get ‘closure’ if that is one of the aims of the Bill? Since the coup d’état was a crime against the people of Seychelles, many are suggesting this Bill go to referendum.
How much credibility would the Apartheid Regime of Pik Botha and his predecessors have had, had it set up a Truth and Reconciliation Commission to investigate the atrocities of the apartheid regime he led? History has shown that even an ANC enacted Truth and Reconciliation Commission (TRC) in South Africa after the end of apartheid failed many of the victims. A 1998 study by South Africa's Centre for the Study of Violence and Reconciliation and the Khulumani Support Group, which surveyed several hundred victims of human rights abuse during the Apartheid era, found that most felt that the TRC had failed to achieve reconciliation between the black and white communities. Most believed that justice was a prerequisite for reconciliation rather than an alternative to it, and that the TRC had been weighted in favour of the perpetrators of the human rights abuses.
In Seychelles, the situation is much worse because the Bill is designed to absolve the perpetrators and to rehabilitate them into society but not to do, or mete out justice to the victims. Unlike South Africa, the Commission will be established by the same government that committed the violations. The Institute for Justice and Reconciliation was later established in 2000 as the successor organization of the TRC in South Africa.
Justice is defined as “fairness in the way people are dealt with”, therefore by definition this Bill, if enacted by the present regime, will deny the victims of any fairness. There can be no national unity or national reconciliation without justice for the victims. The Bill is only “to promote national unity and reconciliation”. Section 6(4) does not even offer the victims the choice of privacy; showing a total lack of foresight and compassion on the part of the promoters of this piece of legislation. The Constitution guarantees everyone a fair trial/hearing by an “independent and impartial court established by law”. The Commission will be established by law, but will it be independent and impartial??
There are so many disturbing aspects to this “Perpetrators Charter”. In section 2(2) a perpetrator is defined as “a person who the Commission has found to be a perpetrator including the person who has given the order.” So it is the Commission established, by the President of the regime, which determines whether or not a person is “a perpetrator” or even a “victim”, defined under section 2(7) as a “person having suffered any significant harm or detriment as a result of any violations.”
Section 2 (8) lays the boot in “violation means any human rights abuses committed during, or in relation to the coup D’etat of 5th June 1977.” So even if you have killed, the Commission can decide that you are not a perpetrator, or a victim of a violation of your human rights, not only because in 1977 Seychelles did not have a Constitution or a Charter of Fundamental Rights but also because the Commission established by the present regime can make a finding that the human rights violation was not committed “during or in relation to the coup d’etat on 5th June 1977.”
It gets worse, section 2(3) defines “Rehabilitation” as “psychological or mental support for both perpetrators and victims in need of such support with a view to their achieving complete closure including restoring their credibility in society.” Begging the question, WHOSE CREDIBILITY? THE VICTIMS OR THE PERPETRATORS? Any perpetrator can file a petition for amnesty within a time limit set by the Commission. In section 3(2)(e) it is the Commission who will determine the granting of amnesty, however section 12(4) is clear that if the perpetrator offers an apology to the victims they “shall be granted amnesty” irrespective. A person who has been granted amnesty shall not be criminally or civilly liable so therefore evidence given before the commission shall not be admissible in any civil or criminal proceedings.
Section 13(c) renders the commission totally futile as any person can refuse to answer questions from the Commissioners by claiming that to do so, would incriminating them.
The Bill gives the Commission the same powers as the Supreme Court. Therefore, can the Supreme Court grant amnesty for serious human rights violations? What does the Seychellois Charter of Fundamental Human Rights and Freedoms say about treason? And your right to life and no one shall be deprived of life intentionally? The perpetrators must therefore be held accountable. The perpetrators are the same ones that have robbed this nation dry and now this Bill is setting them up to get away with murder; literally. Just like the Anti-Corruption Commission created by the SPPF/PL regime to investigate “corruption” and despite the several acts of corruption revealed by the FPAC and the National Assembly only one case has reached the court and this, a case against one of the investigators shortly before the first “corruption” case was supposed to have been filed.!!! Effectively killing the case against a past high ranking member of the government.
As a concerned citizen, I am imploring the President, who has many times stated that he is a defender of the Constitution, if this Bill is passed by the National Assembly not to assent to it but to invoke article 87(1) of the Constitution, which states:
“Where the President is of the opinion that a Bill presented for assent infringes or may infringe this Constitution, the President shall not assent to the Bill and, as soon as is practicable within fourteen days of the presentation of the Bill; (a) advise the Speaker accordingly; and (b) refer the Bill to the Constitutional Court for a decision in this respect.”
The President will be making history as it will be the first time any President has referred a bill to the Constitutional court for a decision on its constitutionality thereby respecting his oath of allegiance to preserve, protect and defend the Constitution of Seychelles. The withholding of Presidential assent will not only be historical because of the referral to the Constitutional Court but more importantly it will be the first time that a bill will be enacted into law after the active involvement of all three branches of the State/ Government.