Truth, Reconciliation and National Unity Commission (TRNUC) |12 November 2019

Commission hears more complaints of victimisation and unlawful dismissal from work

The Truth, Reconciliation and National Unity Commission (TRNUC) resumed its session yesterday and Justice Bernardin Renaud was the first person to be called in as the expert witness in case 0014 of Holden Pierre who claimed he was denied a pension in relation to the time he served as a member of the National Assembly in the First Republic starting in 1970 and later from 1974 to 1977.

Mr Pierre had alleged that the constitutional post, Special Pension Act 21 of 2014 assented to by former President James Michel, maliciously victimised people like himself because it sets restriction on the length of service of members of the National Assembly whereby they should serve minimum 48 months to qualify for a pension.

Mr Pierre had further stated in his complaint that the law was intentionally drafted to victimise National Assembly members from the First Republic as it stated that those serving in the First Republic would not qualify, thus the law violates his constitutional rights

In his reply, Justice Renaud, who is an expert in human rights and played a leading role in the Constitutional Review of 1991 and 1992 that set the foundation of the Third Republic, explained that he couldn’t give an opinion on the case without hearing evidence from the state which had drafted and assented to the law.

Justice Renaud noted that he will be needing facts and statements from both parties for him to be able to give an opinion. He said he sees himself more useful after the commission had heard both parties thus then he will be available to conclude on the case. He stressed on the need for the other side to be given the chance to reply to Mr Pierre’s complaint before he could step in.

Justice Renaud suggested to the commission that he should come after both views have been heard and the suggestion was accepted by the commission. He also called on the commission to get people coming as a complainant or witness, to clarify who they are representing, especially those working in government.

Case 053

Mivonne Barallon was the complainant in case 053 in relation to unlawful dismissal.

She said it all started with the disappearance of Hassanali. She said that Hassanali had previously, prior to his disappearance, come to the police station to report that the state was threatening to kill him and she had a few times written his complaints in the occurrence book.

She noted that she did not go on the scene of disappearance but was involved in road blocks and searching of vehicles until late at night. She said that it was a colleague of hers (she did not want to mention the name) who told her why Hassanali was made to disappear. According to that colleague, Hassanali was eavesdropping on the office of the SPUP through a microphone he had placed via his adjacent workshop.

Among other incidents she said she witnessed during her time as a police officer was the propel grenade explosion on the beach behind the Katiolo Night Club and other incidents which involved some army personnel and persons close to the state. She said the fact that she reported these incidents to the police, as part of her duties, was not well received.

She reported that at one time there was an attempt to frame her as being an opposition activist through planting an opposition leaflet in her bag.

Mrs Barallon said that she was made redundant from the force without any valid reason on May 15, 1981 along with some other high ranking police officers. She presumed she was made redundant because she was working according to the law and that didn’t go down well with the State.

She noted that following her husband losing his job in government also, they tried to do business in chicken farming, gift shop and guest house, all of which did not succeed presumably because of State interference to see their downfall. She said because of the constant victimisation by the State, she and her family went into exile in Canada in 1987 until today.

Mrs Barallon though said that among the people who had victimised her, the only person she will forgive at the moment is the late police commissioner James Pillay because she had dreamt about him the night before. As for the others still alive, they will have to come forward and ask for forgiveness and thereafter she will forgive them.

She had a message for the youths who aspire to climb up the ladder, not to do so on someone else’s shoulders. As for the politicians, she urged them not to judge somebody based on political affiliation and to work for the people of Seychelles and not fill their own pockets.

Case 015

Minister Mitcy Larue was before the commission in relation to case 015, Antoine Ally, who had identified her as the person who assisted him with finding employment at the Ministry of Environment, after all attempts to seek re-employment at the Ministry of Health had failed as he didn’t meet security clearance requirements.

Mr Ally also complained of being victimised during his time at the Ministry of Health where he was transferred under duress to work on Praslin with no housing made on his behalf and when conditions worsened, he resigned but withdrew his resignation the next day, which was not accepted and he had to leave.

Commenting on those complaints, Minister Larue, as the member of the National Assembly for Baie St Anne Praslin at that time in 1999, said that Mr Ally did come to see her about his grievance and she tried her best to assist him as per her mandate.

Minister Larue said that she managed to get Mr Ally the job in the Ministry of Environment and also talked and advised him on taking the job seriously because she knew he had an attitude problem. She noted that getting him in employment was as far as she went.

Minister Larue also took the opportunity to brief the commission on the evolution of the education system before 1977 where those who were rich sent their children to the two higher learning institutions, the Regina Mundi Convent and the Seychelles College, compared to today where education at all level is free for all.

Two other cases were held behind closed doors.

Patrick Joubert