‘Ensuring that the rule of law reigns supreme’ |17 June 2019
Nichole Tirant-Ghérardi
All citizens of Seychelles, especially the youth, are being urged to acquaint themselves with their rights and duties under the Constitution and more importantly, how the exercise of their rights may impact the rights of their fellow citizens.
The appeal comes in a message from Ombudsman Nichole Tirant-Ghérardi on the occasion of the country’s Constitution Day tomorrow.
Mrs Tirant-Ghérardi’s message reads:
“On this 26th anniversary of our Third Republic, let us reflect on the promises ‘We the People’ made in 1993 that our democratic system, where all powers of Government spring from the will of the people, would effectively maintain and protect the rights we recognised as equal and inalienable and which would form the foundation for freedom, justice, welfare, fraternity, peace and unity.
“We are reminded today that those rights may be under threat where, despite our undertakings, citizens may soon be called upon to consider taking away some of those hard-earned rights from other fellow citizens.
“Celebrating the Constitution today can only be complete if we remind ourselves of the importance of this most supreme piece of our country’s legislation.
“Through its sixteen chapters, seven schedules and 170 articles, the Constitution of 1993 provides our Nation with the blueprint of how to create a stable and fair state that will check abuse of power that may lead to violation of those twenty-seven fundamental human rights and six duties laid out in Chapter III of the Seychellois Charter for Rights and Freedoms. Let us be minded that those rights, freedoms and duties are guaranteed to be enjoyed by all citizens of Seychelles.
“If we read through the Constitution, which is now available in an official Creole version and also on line, we can acquaint ourselves with the different structures that form our state such as the Government, the Legislature and the Judiciary. Each branch has been attributed just the right dose of power to check the other branches to ensure that the rule of law reigns supreme.
“Every Seychellois citizen has a fundamental duty to know and understand the Constitution if he is to fulfil the aspirations contained in its Preamble and his duty under Article 40 of upholding and defending the Constitution and the law; of furthering the national interest and fostering national unity; of working conscientiously in a chosen profession, occupation or trade; of contributing towards the well-being of the community; and of protecting the environment.
“As we enter the second quarter century of this Third Republic, we must bear in mind that while we may need and pass laws that govern and control our fundamental rights, ‘We the People’ must ensure that those laws we pass do not deprive some of our citizens of all or any part of those rights simply because the majority so decides.
“After all the right to participate in government is guaranteed in Article 24 to ‘every citizen of Seychelles who has attained the age of eighteen years’. That citizen can stand for election or be represented and has the right to be registered as a voter and to vote by secret ballot at public elections which shall be by universal and equal suffrage.
“Let us remind ourselves that prior to 1967, only a privileged few members of our Seychellois society enjoyed the right to vote since that right was linked to their wealth in land and the level of taxes they paid. Since 1967, when this was still a British Colony, our citizens have enjoyed equal and universal voting rights whatever their level of wealth or education. To take away that fundamental right because certain citizens do not live in the country or do not pay taxes will show a regression in our society to the pre-1967 era.
“Our Constitution sets the path for good governance and a stable democratic and unified nation; hence the need to safeguard it. But this can only be fully achieved if all citizens of Seychelles, especially the youth, take on this duty and remain conscious of their responsibilities as citizens.
“It is only through awareness of the Constitution that we can collectively exercise that fundamental duty to ensure that the state is acting constitutionally.
“I therefore call upon all citizens, especially the youth, to acquaint themselves with their rights and duties under the Constitution and more importantly, how the exercise of their rights may impact the rights of their fellow citizens. Only then can we participate actively in the sustainable economic and social development of our society and fulfil the aspirations to develop a democratic system that ensures the creation of an adequate and progressive social order guaranteeing food, clothing, shelter, education, health and a steadily rising standard of living for all Seychellois.”