Truth, Reconciliation and National Unity Commission Act, 2018 (No. 9 of 2018)

1. Short title ana Commencement ..

2. Interpretation ... , 3. 'Establishment, Mandate and Purpose "

4. Appointment of tpe Commissioners

5. Removal of the Commissioners

6. Meetings, Hearings and Decisions .

7.- Functions of the Commission . 8: Powers of the Commission'

9. Secretary, Staff, and Experts

10. Stanis of Evidence and Testimony .11. Reports and ,Recommendations 12, '. Amnesty 13, Offences 14: Duration 15: B-l~dgetand Audit~g ofthe Commission . , . I • .» v., ", .'" [14th September 2018] Supplement to Official Gazette 151 THE TRUTH, RECONCILIATION·AND.NATIONAL UNITY COMMISSION ACT, 2018 (Act 9 of 2018) I assent • Danny' Faure President e 6th September, 2018 ANACT to enable the President of Seychelles to establish a Truth, Reconciliation and National Unity Commission to unite the people of Seychelles around a common agenda that Willhelp them move forward in confidence and with a sense of common purpose. ENACTEI) by the President and the National Assembly. . 1. This Act may be cited as the Truth, Reconciliation Short title and and National Unity Commission Act, 2018 and shall come commencement into operation on such elate as the President may, by notice in theGazette, appoint. 152 .~uppl?menlJOOfJjcialGazette. : [14th Sept~mber.2018] , ," Interpretation ~. Inthis ~ct- " ~ , (1)' "Commissioner" means' a' member .of the" Commission and mcl~des the Chairperson and ' "," . Vice-Chaliperson,;', ', ,',' ' , ' .( , ". ~ .- (2) , "Perpetrator" means'aperson who .the Coi:n.mission , ' : has found to:.have'committed an,~ violation and" ~~.t ' .,' includes a person; who has given an order,' or ~a,feriaUyass~sted,someone, to commit a violation; , r , , ,) - (3) "Rehabilitation" means the psychological or mental support- offered to both 'victims and perpetrators inneed of such support, with a Viewto their achieving complete closure, including _ restoring-their credibility in society; , ' -, . \' ': '\ . (4) "Reparation'' means the.compensation, facility or ,. .concession . made to 'avictim; ..... " , . '(5) "Suspect" means a person who is suspected of " ~ having committed any violation and jncludes it: person who is suspected' of giving' orders, or .materially .assisting someone, to commit a violation' , ' , ' . • ., ....... • • " ;-' J • , ·tL (0J u "Gommission" means the, Truth, 'Reconciliation n and National Unity Commission established by the .. (- P~esident~(pUl'suaI1t to this Act; . ~ '" . • • , 4 .. t. . t (7) "Victim", means a person who has 'suffered any harm orld~trim~ntas a result oflcmyvi~lation?;, " (8) "Violation" means human.rights abuse committed Qf? June during, o,rin relation to, the Coup D.'e,t$;lt, " 19]7 an? includes th~ following ae~~-~ , , , . ~. . " (a) unlawfulkilling; [14th September 20 1~] Supplement to Official Gazette 153 (b) unlawful imprisonment or other deprivation of physical liberty; (c) torture; . (d) rape; (e) enforced disappearance of persons; (f) kidnapping; , (g) forceful eviction from legally owned building orland; (h) . unjustified acquisition or loss of property or business; . (i) wrongful denial of the right to employment; U)' wrongful termination of employment; (k) forced exile; (1) abuse of office by a Government official, including the executive, judiciary or legislature; or , (m) other acts of a similar character causing suffering, or injury to body or to mental or physical health.

3.(1) There is hereby established a Truth, Reconciliation Establishment, mandate and and National Unity Commission. purpose (2) The Commission shall be a body corporate. (3) The mandate of the Commission shall be to receive complaints in respect of alleged violations, to gather, collate and analyse information and evidence with respect thereto, and to make decisions. , 154 . '8upP'leme'1UboffictgIGaz~tte r~4th September 2018] (4)-' Itcomplaint' shall-be filed within six.months of the Commission commenting its mandate. ' , (5) A complaint may: be filed. ·oy a 'victim, a . representative of the victim or a close surviving relative 'of a ". deceased victim, . . ," :' • ... .. .(6) Any personwisliiiig:'te be heard by the Commission ( .. '. may ~pply Inwriting to the Commission at any time during the mandate ofthe Commission. . ,.' - "(1_)ih The'bbjectivesoftheComhussioaare~ I ," . ,. . . "')[ , , (a) . to . ascertain' the' truth with respect to ..f9 T. 'cpmplaints , .' of alleged violations; , , " , (b) ''10 create an accurate and objective public of "I" .. . ..,,,record "of the' complaints of alleged· , , .violations; , j , ' '(c) ,to help ,bridge divisions caused by an~ , violations; J~' .'0 t 11) .: (4) ,to. provide :Closure for the victims' and. .. '. ,0 r , l p~;Peirators Ofthe ~ioiations; _' ti 'LIB' '_i.e) to detfmrime- . .(mn:'J,'" .J.'},1., hJ' , ' • t .' r .: . .' ." "~' IlJ. . t eappropna ~reparationsfor victims; , (ii) r fhe 'approRriate rehabilitation 'for c) j Ir 'l . 'victims and petpetiators; and . (r:. . .. • t; " • "\ '. • \' '",. (iii) .whetheror not to grant amnesty; and f .' .. . . • (f): to unite the people of Seychelles around a common agenda that. will help them move forward in..confidence and with a sense of common purposer and ensure that such .• violations do not recur. ~' , " I I [14th September 2018] Supplement to Official Gazette 155 (8) The Commission shall carry out its functions-in an open, impartial and transparent manner. (9) The Commission .shall abide by universally recognised legal principles and human rights norms.

4.(1) The Commission shall consist' of seven Appointment Commissioners, namely a Chairperson, a Vice-Chairperson of the Commissioners and five other Commissioners; two of whom shall be non- Seychellois who are riotresident in Seychelles. (2) The President shall appoint the Chairperson arid six Commissioners .from candidates proposed by 'the ConstitutionalAppoin~entsAuthority. (3) The Commissioners shall designate the· Vice- Chairperson from amongst their number. (4) The Commissioners shall be persons of recognised good standing' and high moral character, capable of performing their functions independently, impartially and in compliance with the highest ethical standards. . (5) Every Commissioner shall, prior to assuming .- office, take the following oath before the President: "I swear/solemnlydeclare that 1will perform my duties and exercise my powers as a Commissioner of the Truth, Reconciliation and National Unity Commission' honourably, faithfully and impartially without fear orfavour, affection or ill will. (So.help me God) ". . . (6) No Commissioner shall be liable to any investigation, prosecution, action or suit in respect of any matter or thing done by him or her inthe discharge of his or her functions and duties under this Act. . . . 5~(1) A Commissioner may, at any time, .resign as Removal of the Commissioner with one month's notice by tendering his or her Commissioners resignation, inwriting; to the President.. • '. '\ i '" 156 ,~' '~$upplementtoOffieial Gaeette '[i4th'SeE>tember 2018.1 '~' '-(2) i.Dlie Presiclenll' may' after 'eonsulting, ..th~ Constitutional Appointments.' AW1!horlt~. remove any .. ' Commissioner for gross misconduct: ' ~- «" I·_ 't .. 1 • '(3) , Wher:ea Commissioner dies, resigns or is removed 'from the.Commission, the vacancy shall be filled the saine in manner as that appointment was made under section 4., • ~• •• I'. .. • <,' " " ~4).',.. ~lie, Cb~ssion - I may dtscharge its functions notwithstanding one vaeaney.in its membership, ' .. ' , , Meeting, ' , ' r6.fl joe', The me~tings andhearings oftn:e Commission shall' bearings and decisions "be heHlat ~hehplace and'on such dates and times as designated' by the Chairperson, " . ' " - : , )~ (2),,' The quo~ for the meetings shall De, four Commissioners" "including the Chairperson of' Vice- Chairp erson. "10 . " - '.., . ' ,>, (3) t The 'meenngs shall.be ehaked by the Chairperson and, in his o,rher absence, by the ~ice-Chairperson. '" I"" : rot "'(4) The meetings of'the COmil,!iSs10Pshall be open to ", the public. The.Commission may hold non-public meetings if, . .after consulting with the narties concerned, the Commission is , ,oftliep~pri~n that- ' ''': ria)" ~tis in the interest ofjustice;r \' 'I . . there is a' likelihood 'that hann may ehsue to' .. ' any:~ers0!l;or' ," reconciliation between the parties may not be " achieved by the proeeedingsbefng conducted ,>1 inpublic. " .., \. ., .(5) .' In making decisions, the Commission shall make, 'every effort to reach consensus; However, if consensus cannot , 'be reached, the Commission may make decisions by a majority of'themembers ofthe Commission. \', \ .- ' .. . ' " , [14th September 2018] Supplement to Official Gazette 1~7 (6) The Commission may, if it-so desires, invite experts to its meetings to .assist the Commission, provided that ~the Commission shall.not be bound to' accept the opinion of such experts. (7) The Commission shall keep and maintain complete written and audio-visual records of its proceedings and exhibits produced before it. The public shall be entitled to have access to the records of proceedings ofthe Commission held in public. (8) ~ .the.dis~h~ge of its functions, the .Commission shall- . . (a)' observe applicable and appropriate rules of natural justice and international fair trial standards; (b) not be bound by evidentiary rules; (c)' reach its decisions on a balance of .probabilities; and (d) respect the' right to dignity' of suspects, perpetrators, . victims, and witnesses. I 7. . The Commission shall perform such functions' as Functions o(the are necessary to enable it to achieve its objectives, including, Commission but not limited to-> (a)' gathering evidence pertaining to violations, including hearing ofwitnesses; , . . . .. . . (b) determining the-responsibility of individuals in respect of 'an.y violations, providing' its 'reasons and proposing measures', to prevent . the recurrence of such violations; (c) preparing reports of its activities, findings-and decisions, based on evidence it has assessed to be credible and reliable and submitting' the ' same to the President; .' " 15'8 Supplement to Official Gazette [r~th September ~OI8] ~. _.' (d) determining and recommending appropriate , ~ 'remedies or reparations; and ", . ' " (e) ,discharging other functions.referred to in this Act. Powers of the 8.(1), The Commission may make SUGh rules of, Commission procedure and evidence as it thinks, fit, in particular for the G,Oncdlilet and management of its inquiries and investigation. " (2) The Commission may- , (a) visit any establishment or place, enter on land or premises to gather information or inspect property; , . (b) have, access to public or private archives 'regardless of restrictions contained. in .the ., laws of Seychelles and make copies of any documents found therein; " (c) . hold any hearing it deems necessary; (d) summon any witness or suspect, examine him or her on oath" and compel the 'production of any document or article. A spouse of a suspect may be compelled -to testify against the, . ;- suspec~; (e) seek assistance from relevant authorities, including the Police and Judiciary to achieve its objectives, including the prorvision ,of security to any witness; (f) establish such sub-committees as it deems necessary and determine the seat thereof , (g) hold meetings at any place, within or outside '. Seychelles; and ' " [14th September 2018] Supplement to Official Gaz~tte 159 tI (h) in' consultation with the appropriate government authorities, obtain permission . from a foreign country to receive evidence from, orgather information in, that country, . (3) For the. purposes of effectively exercising its functions and powers, the Commission is hereby vested with all the powers and 'rights of the Supreme Court, . .9.(1) 'The Commission may appoint such 'national .or Secretary, staff' international staff or experts as itdeems necessary to assist it in and experts the discharge of its functions, ..' . '. . (2) The appointment, functions; duties, con(titio~ of t . service and benefits of the staff or experts shall be established by the Commission. . '.). J '. ( .

10. Evidence given before the Commissi&n sh~il not be Statusof' admissible in any civil or criminal proceedings, other than in a evidence and testimony prosecution for perjury.

11.(1) The Commission shall submit its reports outlining Reports and Recommendations its investigations, findings and decisions to th~ President. 'j (2) v The Commission. shall submit interim reports every six months and shall submit its final report-within three months after it has completed its inquiries. oJ . " :.- (3) The final report shall include findings, decisions and recommendations with a view to achieving Justice and national uriity. . . . (4) The 'President shall make the final report public and lay a copy before the National Assembly within one.month of receivingit. (5) At the end of its mandate, the Commission shall submit all the documents and files iri 'its possession to the 160 Supplement to Official Gazette [14th September 2018] President, who shall cause them to be deposited with the Curator'ofthe Seychelles Archives. .' AmDesty , 12.(1) Any person seeking an amnesty shall file a petition for amnesty with the Commission within the time-limit set by the Commission and-may do so before testifying before the Commission. (2) .The petitioner shall disclose in the petition all facts' relating to the incident for which the amnesty is'being sought, including but not limited to the following-e-. (a) the scene of the incident; , " CD) a description of the incident, including the date it occurred; and (eJ any loss suffered by any person, (3) The petition shall include a statement of sincere apologies to the victim or victims. The Commission shall, as far as reasonably practicable, require the petitioner to provide the apologies to the victim'or victims in person. ' (4) A petitioner who has provided a full and' frank , disclosure of his or her culpable acts ia relation to any violation I and has offered sincere apologies to the victim or victims shall be granted an amnesty in relation to the acts or pmissions that' were part of the disclosure and apology, (5) hi determining whether-, (a) the perpetrator lias provided full disclosure of his or her culpable acts; and ' (b) the apology is sincere; the Commission shall as far as reasonably practicable hear testimony from the complainant, , ~ [11th September 2018] Supplement to Official Gazette ~ victim or victims, or the close relative of the:victini or victims where the' complaint is made by a close relativ:e of the victim or victims, petitioner; perpetrator .and any ,other, person" it deems appropriate. ' Notwithstanding . any written law- ' , . . (a) a criminal investigation or criminal or civil prosecution sQ~llnot be commenced or-shall . be discontinued, as thecase may be; in respect of any matter for which an amnesty has been .sought, until the final determination thereof by the Commission; and I , '(b) a perpetrator who has been granted amnesty in respect of a violation shall not be criminally or civilly liable in respect of the acts or omissions that were.part of the disclosure and apology, The amnesty' shall not affect any order 9Y the Gommission for remedies, reparations or rehabilitation. ,. . ~,

13. ' ,~ r(l ( , A 1?e:sonwho- Offences (a) fails to attend the Commission after having been summoned; refuses to. take an oath before' the, -. , Commission; I. • " refuses, except in the exercise of his or her right against' self-incrimination, to' answer , fully and satisfactorily to the bestof hisor her . ' .kriowledge and belief, any question.putto him or her by the Commission during , the hearing; ' .' (d) refuses to -produce anydocument when ' required to do'so by the Commission; " , 162 Supplement to Official Gazette [14th September 2018] (e) knowingly gives false evidence, or evidence which he or she knows to be misleading; (f) insults a Commissioner during a hearing; or (g) does anything in relation to the Commission which, if done in relation to a court of law, would constitute contempt of court; commits an offence and shall be liable to a fine ofSCR50,OOO and to a term of imprisonment of 10years. . Duration 14.(1) The mandate of the Commission shall commence three months after the first Commissioners take the oath in accordance with Section 4(5) and shall end 'upon the delivery to the President of its final report. . (2) Subject 'to subsection (1), the mandate of the Commission shall come to an end ~fter a period of three years. Budget and 15.( I) The Commission shall prepare a budget and submit auditing of the it to the Minister of Finance for approval. Commission (2) The Commission shall be allocated a budget from the Consolidated Fund to cover its operation, including the remuneration of Commissioners and support staff. (3) The 'Commission may receive donations through the Ministry. of Finance from local and foreign agencies or associations that do not have any vested interest in the outcome of any proceedings of the Commission. (4) The remuneration: allowance and other benefits, if any, of the Commissioners shall be prescribed by the Minister responsible for Public Administration prior to the appointment of the Commissioners. (5) The accounts of the Commission shall be audited by the Auditor-General. " , [14th September 2018] ; Supplement to Official Gazette J63' ' ,< I certify that this is a correct copy of the Bill which was passed by the National Assembly on 2nd August,,20 18, , . \ " ,Mrs, Tania Isaac \ Deputy Cierk to the National Assembly , , -. ., .... " " .. {.'