Review of Legislation and Government Policies Analysis Report
Report No: SHRC/RLGPR/No.2/2021
Report Title: Arrest, detention, and deportation under the Immigration Decree
Report Issued: 11th October 2021
Responsible Body: The Ministry of Internal Affairs
The Issues covered by the Report
(a) Whether the arrest and detention powers conferred under the Decree are in conformity with the right to liberty under Article 18 (1), read with Article 18 (2) (e), 18 (3) and 18 (5); and the right to freedom of movement under Article 25 (1) read with Article 25 (3), of the Constitution.
(b) Whether the administrative process provided in the Decree is consistent with the right to freedom of movement under Article 25 (1), (3) and (5), read with the right to privacy under Article 20 (1) and (2), and the right to a fair hearing under Article 19 (7), of the Constitution.
Summary
Attached is a Review of Legislation and Government Policies Report made by the Seychelles Human Rights Commission (“the Commission”) as per its mandate under the Seychelles Human Rights Commission Act, 2018, in relation to the issues mentioned above. The Report is based on the national and international human rights standards of Seychelles.
The findings and recommendations of the Commission can be found in paragraphs 6.1 and 6.3 of the Report.
The Responsible Bodies named in this Report have the statutory duty to respond to this Report within the period stipulated, which is no longer than 60 days from the date of issue of the Report and are invited to enter into discussions with the Commission prior to providing its response, should it wish to.
