Background Information Document

Political Victimization in the Seychelles:

Towards Peace, National Reconciliation and Prosperity
Prepared by
Dr Denis Chang Seng
1 December 2016

Summary
Victimization, the act of discriminating against someone unfairly on the basis of a disagreement
or divergence of views (political or otherwise), is a crime against another fellow citizen. It is a
violation of human rights and security. There is growing voice in the Seychelles concerning
politically driven victimization that emerged as a consequence of the military coup in 1977. In
relation to victimization, the proper referent to security should be the individual rather than
the state.
Political victimization of any form needs to be terminated and prevented from continuing into
the next generation in the Seychelles. This will require a process of building bridges rather than
building a bridge. The new National Assembly (NA) has approved a motion tabled by the Linyon
Demokratik Seselwa (LDS) Member of the National Assembly (MNA), the Hon. Clifford Andre to
investigate and address victimization in the Seychelles. While the Committee Terms of
Reference (ToR) and approach are being developed, this background information paper
provides an insight on political victimization in the Seychelles and a possible way forward.
Following the victimization committees investigation, the Government will be faced with the
choice of nationally recognizing the documented cases of victimization. The challenge is how
to prove cases of victimization. A guideline and procedure will need to be developed to
document cases of victimization. Another challenging question is who decides on the evidence
brought forward? Will it involve a legal component, or will the government accept the
documented cases in good faith? In the case that the government officially recognizes the
documented cases of victimization, there are several additional actions to be followed. It is
generally recognized that the government needs to offer a genuine apology to the victims.
However, victims want more than just apology and acknowledgement. Studies suggest victims
want: 1) Apology 2) answers 3) punishment/justice. In the case of the Seychelles a combination
of actions are suggested. Punishment as a form of justice is not only difficult, but it may not be
what everyone is seeking. In this context, this paper proposes for the first time that there is a
need to negotiate in good faith for reparations or compensation for the suffering, damage and
loses experienced by the victims as a form of justice. There is no price for moral compensation
since there is no absolute price for suffering and loss of life. However, there should be a genuine
national effort to replace the irreplaceable.

It is important to establish what the victims want once they have been identified. Victims need
to be involved from the beginning in the development of solutions to help address and prevent
future victimization. It is important to form different victimization interest groups for national
healing. People will need to feel they have a purpose in life, balance, sense of community, trust
and a supporting system. In certain exceptional cases, there is a need for tangible and symbolic
forms of reparation. The effort should be at a national level involving different groups, NGOs,
and invited human rights experts.
The process of eliminating victimization will need to be strongly integrated, streamlined and
linked with other institutional bodies and committees for enforcement and accountability.
Introduction
This information background paper provides an insight into politically driven victimization, and
offers recommendations in light of the creation of a victimization Committee on the 10 October
2016. A Terms of Reference (ToR) is being prepared by the six MNAs elected to the Committee
Chaired by the Speaker, the Hon. Patrick Pillay.
Subsequent to the approval and creation of the Committee on victimization, another important
motion was tabled by the Hon. Wavel Ramkalawan on Truth and National Reconciliation on the
2 November 2016. The motion was approved by the National Assembly, and a Truth and
National Reconciliation Committee was subsequently created. Obviously, the Truth and
National Reconciliation Committee will have to deal mainly with disappeared people,
mysterious deaths and the need to establish the truth. The common goal is Peace and National
Reconciliation.
This information background paper does not elaborate on reporting and identifying political
victims in the Seychelles. It is also not the aim of this paper to elaborate on trials, truth
commissions as a measure of translation justice. Further information can be referenced from
the following report entitled Out of the Ashes: Reparation for Victims of Gross Human Rights
Violation, by K. De Feyter, S. Parmentier, M. Bossugt and P.Lemmen, 2005.
War, conflicts, conquest and military coup among others are strongly related to crimes and
injustices by one group against the other. Globally Human Security emerged after the cold war
as a challenge to ideas of traditional or state security, based on the argument that the proper
referent for security should be the individual rather than the state. Traditional security or state
security is about a states ability to defend itself against external threats, and in this context the
United Nations High Level Panel recognized human security in the context of the state as
the cause and the key actor in dealing primarily with military and societal threats, but also
pointed out that to be secure is to feel free from threats, anxiety, or danger. Some have
argued that there are two sides to the security concept, where security, in an objective sense,
measures the absence of threats to acquired values and therefore the absence of fear that such
values will be attacked. However, fairly recently in 2003, experts criticized this definition for
its inability to explain which values might be threatened, from who and how? However, a
remarkable contribution and critique to this state-centered security paradigm was put forward
to explain situations where the state is actually the threat to the individual, hence putting
Human Rights and Security at the center of understanding and implementation.
2

It is widely recognized that politically driven victimization in the Seychelles started with the
military coup in 1977. It is important to emphasize that discussion of the justifications,
advantages and disadvantages of the military coup is irrelevant in the context of victimization.
It does not matter for example if education improved or not following the military coup. What
is relevant and important is that there is an alleged national scale victimization following the
military coup. It should also be clear that Seychelles is not in a state of post-war conditions,
unlike most of the cases in the report mentioned above. Nonetheless, there are many common
lessons and experiences to be learned that are highly relevant in the context of the Seychelles.
Political victimization is a form of human rights violation. It is a crime against other fellow
citizens. Politicians, decision makers, and people in authority and power often use a politicized
public services to victimize people. Critically, the Politics of Victimization always requires a
victim and a villain (see Report). However, for the purpose of this paper the person or entity
who commits such actions are referred to as the offender. While political victimization may not
be eliminated, it can be discouraged through different measures. The motion approved by the
National Assembly seeks to first study cases of victimization, take suitable measures in proven
cases of victimization and eliminate future victimization specifically through Public
Administration Department, as well as private institutions. This implies that it is very important
to provide a framework of actions that will correct past victimization and prevent future
victimization from occurring.
Confirmation: Recognition, Acceptance and Apology
It is the task of the committee to investigate these allegations of politically driven victimization.
The Committee will need to first establish an agreed procedures and guidelines of how to
document victimization in the Seychelles. The government will then have a chance to recognize
these documented cases of victimization. However, the challenge is; who will agree they are
proven cases of victimization? It is unclear on this point, if the process will involve a legal aspect,
particularly if there is a contestation from the Government.
In the case that the documented instances of victimization are accepted, this would imply an
official national recognition and acceptance of victimization in the Seychelles. However, it is
critical to progress beyond simply the recognition and acceptance of victimization. Acceptance
needs to be backed by a combination of actions so that victims can move on and bring closure
to their suffering.
What do Victims Want?
Politicians and authorities from the government tend to fear what victims want. LDS leaders,
led by the Hon. Wavel Ramkalawan and the Hon. Patrick Pillay, have suggested the need for
truth, apology and certain aspects of justice in order to achieve national reconciliation.
However, the simple reality is that we need to know what victims want. Consequently, and in
order to address this issue, we need to go back to the victims and this is why all victims need
to be identified and their cases documented in a systematic way. Studies have established that
victims want:
1. Apology and or acknowledgement
3

2. Answers
3. Punishment
4. Some kind of compensation
In some affected countries, it is not always possible to meet all these needs, especially if there
are other pressing priorities. Often, the immediate priority includes disarmament and the
construction of critical infrastructure. However, the situation in the Seychelles is unlike such
affected countries. The most difficult action to implement is punishment as a form of justice. It
is uncertain how this will be approached, particularly in light of the continuity of the regime
and the continued defense and justification of the military coup. This is why there is a need to
involve the victims to assess the requirements of pursuing each action.
Victims want to be full citizens again and to participate in the countrys development process.
They want fairness and equal opportunity in the Seychelles. At this point, it is underscored that
solutions need to be designed and implemented in such a way to reduce the creation of new
cases of victimization. It is important to realize that without meeting these requirements, victim
frustration will continue to grow and cascade over into the next generation and families. The
next section further examines the needs of victims.
Physical Security, Recognition and Relief
The basic solution is that all physical victimization is terminated. There should be zero tolerance
of politically driven and associated victimization in any place of society. Recognition and relief
can be achieved when victims talk and share experiences. It is observed that social media
forums have already provided a space for victims to express their views and grievances. In
addition to this a citizens group need to be formed to help affected people. What has been
done cannot be undone. Victims may suffer Post Traumatic Stress Disorder to a certain extent
without being aware. Thus, stress and trauma counseling should be part of the actions.
Acknowledgement and Justice
Furthermore, it must be accepted that agreements without justice are insufficient and
senseless to victims, especially if they have to live together. Victims do not want their suffering
to simply be mentioned or recognized, but fully acknowledged which includes confirmation
of the facts and causes of victimization and the status of such acts as unconstitutional.
Searching for the truth is not only about physical bodies, but about answering questions to rest
disturbed souls. Forgiveness will depend on confession of wrongdoing. An incomplete, partial
or non-existent confirmation and acknowledgment will never bring closure to the people
affected. Ideally victims either want the offenders to come forward and speak out or someone
with highest command and authority of the regime to take responsibility for their actions.
Genuine public apologies by the head of state or highest representatives in the government
have most profound impact on the victims, but this will need to be fulfilled with other means
of compensation.
Immediately, following the military coup, many people (at least 75 men and 6 women) were
imprisoned without any criminal charge. They were ultimately forced to leave the country. This

is recognized as politically forced migration1. In other cases, many people sought political
asylum2 in the UK, Australia, Canada and others. It is beyond the scope of this background
information document to explore the challenges and suffering of these victims. Social and
human science experts and students should explore and analyze these issues in-depth to
properly document this part of our history. In general, people have been denied their
constitutional right to live and prosper in their own country of birth. Their right of choice was
violated. Both locally and overseas, people have suffered, although many people have learned
to cope and rebuild their lives in their new environment. An invisible wall was created and
continues to divide the people of Seychelles.
Victimization had equal negative long-term impact on many who remained behind to face the
harsh and uncompromising reality in the country following the military coup. Aside from the
alleged loss of life, disappearance, mysterious and unsolved deaths, countless people suffered
from different forms of victimization. This includes; the lack of career development and
promotion; deprivation of educational support; loss of jobs/livelihoods; destroyed professional
careers; lack of support for professional health services overseas; denial of permits for
development; deprivation of land entitlements and access to housing, among others. It is not
possible to elaborate on every single case, however, the following example below showcases
the impact of victimization in relation to loss of jobs or livelihoods and subsequent decimation
of professional careers.
Victims often found themselves jobless overnight without any notice and hearing. They were
simply uprooted with no mercy from their jobs. In this regard political victimization affects the
whole family not only the individual directly punished. It was a cruel and paralyzing punishment
unleashed on them. Victims were forced to find an alternative livelihood within an already
constrained environment. In some cases, affected people were forced to do several hard lowincome jobs to survive. How can we fail to associate political victimization with the trend of
increased poverty (40% in 2015) in the Seychelles? Victimization and exclusion are the root
causes of vulnerability and poverty in the Seychelles.
Meanwhile, the offenders and their families have benefited and enjoyed a comfortable life. A
national injustice and unfairness has contributed to a creeping social disaster in the Seychelles.
It is on this basis that this paper advances the idea and requirement to establish compensation
for the victims, as a form of translational justice. Victims need a wind beneath their broken
wings and traumatized spirit.

Compensation
1

The International Organization for Migration defines forced migration as any person who migrates to "escape persecution,
conflict, repression, natural and human-made disasters, ecological degradation, or other situations that endanger their lives,
freedom or livelihood.
2

An asylum-seeker is a person who seeks safety from persecution or serious harm in a country other than his or her own and awaits a
decision on the application for refugee status under relevant international and national instruments.

It is noted that when a multi-party process was reinstated after the constitution was amended
in December 1991, exiles returning to the Seychelles wrestled with the Government to have
the property which was acquired from them returned. In fact, the new constitution covers
compensation for past land acquisitions. It stipulates in section 14(1) that the State continue to
consider all applications made during the period of twelve months from the date of the
constitution coming into force, by a person whose land was compulsorily acquired under the
Lands Acquisition Act (1977) during the period starting June, 1977 and ending on the date of
coming into force of this Constitution, and to negotiate in good faith with the person. Many
people had their grieving problems of property and assets resolved under section 14(1).
However, some people who have suffered and permanently lost their jobs and careers have
not been able to move on. The question is, to move on from where and how? A person (e.g.
retired) who has lost a professional job cannot go back decades later to start a new career. On
the other hand, a person victimised for some years can rapidly bounce back if offered the right
compensation and opportunities. A differential approach of compensation needs to be
considered on a case-by-case basis. Therefore, restitution through compensation must be an
integral part of the solution. The Government needs to negotiate in good faith with the victims,
preferably through the two established Committees. Clearly, compensation does not, and
cannot compensate for the loss of lives.
Removing Walls and Obstacles
Victims have often expressed that there is a need to remove offenders from authoritative
positions. The main reason behind this is not as a form of punishment, but to ensure these
people are not walls and obstacles to achieving compensation, truth and reconciliation. Such
measures will be hard to implement because these practices have been rooted and tolerated
at every level and scale of the prevailing government. There will be a natural tendency to
protect such people on the legal presumption of innocence. It is recognized that some
offenders may have acted on their own, abusing the system against their other work colleagues,
however, the Government remains accountable at all times.
Symbolic Forms of Reparation
It will be very important to have national symbolic forms of reparation. This includes
monuments and memorials as suggested by the Hon. Flory Larue in her deliberations on the
Truth and National Reconciliation committee.
Integration, Enforcement and Accountability
Victimization manifests itself in various ways, levels and scales. Different mechanisms and
procedures will need to be set up, streamlined and linked within the three branches of
Government (executive, legislative and judicial) in the Seychelles in order to deal with
victimization. Work related victimization is perhaps the greatest common occurrence and
concern for most people. Therefore, it is important to link and integrate the Public
Administration, employment tribunal with the Victimization, Truth and National Reconciliation
Committees of the National Assembly. These mechanisms will in principle have to address
6

complaints and on-going cases regarding why people have been denied a job opportunity in
relation to other less qualified, competent and skillful candidates, among other things.
Addressing these issues in a holistic and systematic way will bring a true environment and spirit
of healing, peace and national reconciliation; an opportunity for a new beginning - the future
we all need.
Victimization should never ever exist again in the Seychelles (Hon Wavel Ramkalwan October
2016)