TRNUC holds plenary meeting for several complainants |28 April 2022

First draft of the reparations policy was presented to some complainants during yesterday’s meeting (Photos: Joena Bonnelame)

• First draft of reparations policy presented

For the first time yesterday morning, the Truth, Reconciliation and National Unity Commission held a plenary meeting with some 100 complainants to discuss the first draft of a reparations policy.

This meeting which was held at the STC conference room was chaired by the commission’s chairperson Gabrielle McIntyre and was also attended by members of the Truth, Reconciliation and National Unity Commission (TRNUC) and members of the organising committee comprising Barry Laine, Regis Francourt, Julianna Betsy, Livette Hermitte and Bernard Sullivan.

The meeting started with an opening prayer by Bishop French Chang Him and a video of Nelson Mandela on hope.

TRNUC’s chairperson Gabrielle McIntyre clearly stated right on the outset that as complainants would be aware, pursuant to Section 3 (e) (i) of the TRNUC Act, the commission is able to make recommendations to the President on reparations to victims of human rights violations where the commission has determined that a violation has been established.
The draft reparations policy of the commission recommends a range of reparations from apologies and memorials to the provision of health services and monetary compensation. However, a recommendation is just that ‒ it has no legal force and the President is not obligated to implement the recommendations of the commission.

“Unfortunately, we know, based on the experience of other truth commissions, that more often than not, when a commission concludes its work, recommendations made to governments on reparations, or even the prosecution of persons a commission considers responsible for human
rights violations, are rarely implemented and complainants are often left disappointed,” expressed Mrs McIntyre.

She further noted that the commission has therefore, from the outset of its operations, been
concerned to do its utmost to generate the political will on the part of the government, necessary to ensure that its complainants are not left disappointed. For example, the commission has advocated in each six monthly reports filed before the President, the establishment of a trust fund to signal to complainants that commission recommendations on reparations that will require funding will be taken seriously by government, but to no avail. While not within its mandate, the commission has also attempted to suggest proposals as to how money might be raised to support reparations, some not so popular, such as the suggestion of a government lottery, but the commission has made these proposals because it does not want the complainants to be denied reparations on grounds of a lack of funds and to thereafter be disappointed, but again, apparently, to no avail.

“Indeed, as far as the commission is aware, to date, no steps have been taken by the government in preparation for the implementation of the commission’s recommendations for reparations to complainants. Importantly, the commission's advocacy for reparations derives not just from its authorising Act but from multiple international and regional frameworks, including the United Nations Basic Principles and Guidelines on the Right to a Remedy and Reparation for Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. Those guidelines recognise a basic and fundamental principle of international human rights law that states have a duty to "provide effective remedies to victims, including reparation."

Regis Francourt gave a very emotional speech on the various sufferings of the complainants and expressed that we are now living in a moment where democracy has been re-established.

“It is a historic moment and we should not forget those who have already left us. This committee is the liaison between the TRNUC and the victims who registered their complaints and we are here to make sure your voice is being heard. Many of us went through tremendous sufferings, some lost their family members and some went into exile. But in 2018, in the National Assembly there was a remarkable speech by former Vice-President Vincent Meriton who introduced the TRNUC as a historic moment and we should approach it with maturity and goodwill. He also said that it was time to address the deficiencies of our past. These words will remain historical and soon after, on September 14, 2018, the Act was gazetted. We also thank former President Danny Faure for accepting to create the TRNUC at that moment in time,” highlighted Mr Francourt.

He went on to note that President Wavel Ramkalawan, who was also a victim of the system together with Designated Minister Jean-François Ferrari fought a lot to make this process become a reality.

“Now we are at a stage where all victims are relying on them and their Linyon Demokratik Seselwa (LDS) party respect the recommendations made by the TRNUC. Reparation or compensation will be a bitter pill for the government to absorb because it was the state that abused our rights and turned our lives upside down. We, victims, we have listened to all your political debates. We listened to all your beautiful words on justice. We have followed all the laws and today the time has come for us to know if you were sincere,” stated Mr Francourt.

He further shared that “the ruling party knows that the hearings on television helped change the political landscape in the country. It is also time for Seychelles to recognise what happened in its history. The whole population is following this step and the figures put forward today have been researched by a foreign expert linked to the TRNUC. It has been calculated on international norms and also on judgments by the courts in Seychelles.”

After the presentations, some of the victims were able to voice out their recommendations. To recall since the beginning of the hearings, 503 cases were registered, 365 applications were admissible and 100 people were invited for the meeting due to the health restrictions.

Outside the hall, there were also a few people and complainants who could not get in due to lack of space.

Vidya Gappy