What TRNUC’s draft reparations policy entails? |28 April 2022

Mr Laine making his presentation (Photo: Joena Meme)

During a plenary meeting with a group of complainants held yesterday at the STC conference room, the Truth, Reconciliation and National Unity Commission presented the draft of a reparation policy.

Barry Laine, chairperson of the committee that drafted the policy, gave a detailed presentation on its content.

He first talked about the kind of violation that the victims suffered. “Any human rights abuse committed during or after in relation to the coup d'Etat which occurred in Seychelles on June 5, 1977 and includes, but not limited to, the following atrocities: unlawful killing; enforced disappearance; forced exile; torture; rape and sexual abuse; kidnapping; unlawful detention; abuse of office; denial of employment; wrongful dismissal; harassment; loss of property/business; forceful eviction of home/building and other acts of harm.”

Mr Laine also talked about the different categories of harm: emotional pain and suffering; physical pain and suffering; loss of life; material and financial loss; identity based harm; symbolic harm and educational harm.

“What price do you put on sufferings? The simple answer is there is no price to compensate sufferings. The courts have to find a level of compensation for all manner of injuries acceptable by society. That is why we are coming with a proposed monetary reparation; one-time payment; monthly allowance (if applicable); payments to heirs/successors; adjusted against inflation & COL; paid from victims’ trust fund; paid for each violation and cash payment capped at 20 million,” said Mr Laine.

The monetary reparation in Seychelles rupees being proposed by the committee would be for:

unlawful killing; R20 million + R5,000 per month; enforced disappearance: R20 million + R15,000 per month; forced exile: R10 million + R15,000 per month; torture: R5 million + R15,000 per month; rape and sexual abuse: R5 million; kidnapping: R5 million; unlawful detention: R3 million + R2,000 per day detention; abuse of office: R2 million; denial of employment: R2 million + R15,000 per month; wrongful dismissal: R2m + R15,000 per month; harassment: R1 million; loss of property/business: R1 million + current value; forceful eviction/building: R1 million + current value and other acts of harm: R1 million.

Different proposals are on the table on how compensation will be paid.

Who will pay?

The committee feels the money can be raised through re-possession and sale of ill-gotten lands and properties; repatriation of funds stolen from Seychelles in overseas banks; the Financial Investigation Unit (FIU) to redirect their efforts in finding these; donations from World Bank/European Union etc and voluntary contributions.

Creation of a trust fund for the victims of the 1977 coup d’Etat in Seychelles

The committee also proposed the creation of a trust fund for victims of the 1977 coup d'Etat in Seychelles which will be run by its own board of directors and mandated for three years. “The board members will be from civil society and the chairmanship on yearly rotation with five directors. The board members will appoint the chairperson.”

Responsibilities of the board of the victims trust will be to establish and review strategy; create an operational committee; establish contact with donors; set criteria for voluntary donors; take decisions by consensus; publish monthly report and monitor victims’ expectations.

The board will also solicit contributions from (a) overseas organisations; (b) corporations and (c) Individuals.

The board shall verify all donations and all suspect donations shall be refused. A certificate of appreciation will be issued and all funds received to be banked.

Post current TRNUC

The committee proposed that the current TRNUC be extended with a new mandate for three years. The new mandate will allow for implementation of findings. A new organisation will create havoc and this will avoid blame game.

“The government has to fund the extension of the contract of the TRNUC to work closely with government offices. President Wavel Ramkalawan has to honour his promise and we must succeed where others failed. The victims have waited long enough,” concluded Mr Laine.

Compiled by Vidya Gappy