Unacceptable delay in the TRNUC process |18 July 2023
We are the TRNUC Association of Victims, an end product of the TRNUC’s Commissioners creation of a new Committee under the TRNUC Act 2018 Section 8 (2) (f) made up of victims of the Coup D’état to assist the Commission in the formulation of the Reparation Policy for the Final Report. When this work was completed the Committee metamorphosed into an independent legal entity as a registered Association to represent the Coup D’état victims and be the voice of the victims.
The TRNUC team was involved in the establishment of the right amount of reparation and to arrive at a fair and just resolution. The team relied on several tried and tested norms other countries have used for example: the Responsibility of States for International Wrongful Acts (arts 30, 31) and The Declaration of Basic Principles of Justice for Victims of Crime and Abuse (Principles 4 – 6) and they also gave due considerations to the Declaration of the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally recognised Human Rights and Fundamental Freedoms (art 9) then they also paid due diligence to The Principles of Effective Investigation and Documentation and considered the Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, inter alia. So you see it was not an easy job they had to perform.
The TRNUC Act 2018 was used by the Executive Branch of our Government to create the first TRNUC team under the chairmanship of Gabrielle McIntyre and they produced what can only be described as an excellent set of recommendations despite attempts by some people in some quarters to derail their work. In accordance with Section 9 (1) of the Act, the Commission used international experts in arriving at their findings and they gave due considerations to International Human Rights treaties and findings by such organisations as the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination, plus the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment including also the Principles enshrined in the Universal Declaration on Human Rights but most importantly the TRNUC team followed the Basic Principles and Guidelines on the right to a Remedy and Reparations for Victims of Gross Violations of International Human Law. They left no stone unturned in doing their work with a restrained budget from the Consolidated Fund and as required by Section 14 (1) (2) of the Act their mandate terminated after 3 years plus.
We take our hats off to the first TRNUC team and our heartfelt thanks go to the chairperson Mrs McIntyre who brought so much expertise into the team; Michael Green who has a great deal of experience in government; Dr Marie-Therese Purvis who provided intellectual adherence; Jacques Gbilimou who provided balance and resoluteness; Bishop Wong who ensured cohesiveness existed in their work and the rest of the team who worked diligently and tirelessly to produce the 5 Volumes of the final report and recommendations and handed over their sterling work to President Wavel Ramkalawan on March 31 required by the TRNUC Act 2018.
The President was then required by the Act to make the recommendations public within 30 days but he made the full report public straight away by publishing the full TRNUC report and recommendations on the State House web site, www.statehouse.gov.sc.At the same time the President announced that he did not wait 30 days, he sent the Final Report and recommendations to the National Assembly straight away and now he waits to hear from the National Assembly. What the victims and the public at large are asking is what happens now and what was the purpose of sending the Final Report to the National Assembly?
Of course the National Assembly must receive a copy of the Final Report but what are they going to do with it? The TRNUC Act Section 9 (4) calls for the recommendations to be sent to the National Assembly but the Act does not say what the National Assembly is going to do with the report and recommendations. So what is the President waiting for from the National Assembly? Does anyone know? In the meantime the victims wait and wait again after 40 years of waiting?
Powers of the Supreme Court granted to TRNUC
TRNUC was constituted under an Act of Parliament (NA) on September 6, 2018 and given the Powers and the Rights of a Supreme Court under Section 8 (3) of the Act. The Act was amended on October 21, 2021 to reduce the number of Commissioners from 7 to 5. It was unanimously approved by all members of the National Assembly and in their wisdom, the National Assembly members wrote into the Law that compensation and reparation must be paid to the victims. They knew money would be required to pay compensations and make reparations, because they voted with their eyes opened.
Now that the TRNUC has reported its recommendations following 3 years plus of investigations, interviews, some shown live on SBC TV, they have made their recommendations, the government on behalf of the State cannot escape its liabilities because the Final Recommendations of the TRNUC are legal and binding and if anyone wants to make any change, they have to take their case to the Court of Appeal in order to challenge the Final Report. The National Assembly cannot now change the Final Report. So what are we waiting for?
Use of international experts
In arriving at their Final Report the last TRNUC team under Section 9 (2) of the Act engaged the services of international experts and gave considerations to local court awards. Clearly the next move is the appointment of the second team by the Executive to implement the recommendations. The National Assembly is not responsible for the next move, it is up to the Executive to make the next move, therefore it is no good the President saying he is waiting for the National Assembly. Waiting for what? As far as the victims are concerned the government is failing to carry its responsibility under the TRNUC Act 2018 and the government is creating unnecessary delays when the time has come to shoulder its responsibilities under the Act and bring this matter to a satisfactory conclusion.
Government’s international obligations
Whether the Government likes it or not the responsibility to meet this odious debt under International Law must be met, there is no getting away from this liability. As representatives of the victims, we are concerned that the Government is not taking this report seriously enough. We are therefore approaching the IMF, the World Bank, COMESA, SADC, ECHR, UNHCR, EU, ADB and Amnesty International to bring them up to speed with the current situation in Seychelles. In so doing we are highlighting to them a potential financial dilemma for the Government and perhaps they can step in and help. It is unreal for the victims to wait any longer after 46 years for their rightful compensation. This is cruelty at its highest level being inflicted on the victims of the Coup D’état by this government.
In terms of ubi jus ibi remedium (where there is a right there is a remedy) this government cannot escape its obligations. This is a fundamental element of any transitional justice for a government to stop, repress and redress human rights violations and to carry the jus cogens or peremptory norms of international law as called for under Article 8 of the UDHR. Furthermore Articles 9 (5) and 14 (6) of the ICCPR, which led to the adoption of the General Comment No 31 [80] of the ICCPR and Comment No. 16 says “States must provide reparation to individuals whose rights have been violated by the State”. The Rome Stature of International Criminal Court of which Seychelles is a signatory and all the other jus cogens that Seychelles have signed with African, European and United Nations organisations, there is no way out of not paying the reparations.
All this nonsense of where do they find the money has no validity nor justification because first the Government must accept its liabilities then look for the money to meet their liabilities. When our current President was in opposition and fighting for a TRNUC process to begin in Seychelles in 2018, he knew money would have to be found to pay what he was asking the SPUP/SPPF/Parti Lepep government to do? Now he is the President and he has the means and the ways to bring this matter to a satisfactory conclusion, we urge him to do so in the name of our Lord.
Furthermore what some people fail to appreciate is it was tax payers’ money that was used by the last government to pay perpetrators to commit the crimes on the victims, crimes such as unlawful detention without legal representation, forced exile and deportation to foreign countries, murder, assassinations and disappearances, illegal land and homes acquisitions, rape, torture, beatings and political harassment, denial of further education and employment, intimidation and generally rampant abuse of power by the military, the police and senior government officials at all levels and now the government says there is no money for reparations? Which world do they live in?
Any further delay will just prolong the suffering of the victims and foster further divisions and ill feelings in our nation. Reconciliation will only come when justice has been delivered to the victims and a measure of forgiveness will eventually follow. Forgiveness is not automatic; it carries its own requirements to be fulfilled first.
The Victims who have filed their complaint with TRNUC pursuant to Section 3 (7) e (i) of the TRNUC Act 2018 whose complaint has been recommended for reparation following due hearings, investigations factual and legal findings by the TRNUC are legally entitled to receive their reparation by law and no one can change this unless an appeal is filed at the Court of Appeal on solid legal grounds of objections and the Appellants must win their Appeal. Even then there is a time limitation which has probably expired by now.
Furthermore under Section 1 (2) (7) of the TRNUC Act 2018, a person who has suffered harm for whom a recommendation for payment has been made, any delay in payments carry interest at today’s rate. These crimes were committed by state employees under the direction of the government in power at the time which means that the International law of Odious Debt applies and cannot be abrogated and the government must also bear the full vicarious liabilities as a consequence.
The next TRNUC team to implement the recommendations
This Association proposes that the President constitutes the next team as a matter of urgency with one member from the Executive, the Legislative, the Judiciary, this Victims Association and one from SIFCO. The members will elect their chairperson and vice-chairperson among themselves and they are to be granted a mandate of 2 years to complete the recommendations of the first team.
Amnesty
There has been a great deal of discussions in our community about the granting of Amnesty to some perpetrators of the Coup D’état atrocities who have come forward and met the criteria of the TRNUC Act Section 12 (1) to (6). No truth and reconciliation process can exist without some kind of amnesty as required by Natural Law of Justice and international norms. It is part of the reconciliation and healing process which Seychelles cannot be accused of not meeting its obligations to provide amnesty to perpetrators under certain conditions. We have to abide by universally recognised legal principles and human rights.
Finally under Section 3 (9) of the Act the Seychelles Government has no choice but to discharge its obligations to meet the recommendations of the TRNUC with no further delay.
Contributed by:
Barry Laine FCIM, FInst SMM, MCMI, MBSCH
Chairman
TRNUC Association of Victims
The Wishing Well
Anse Des Genets
Mahe, Seychelles
Email: barrylaine@hpcgroup.sc
Disclaimer:
The views expressed in this article are those of the author and do not necessarily represent the views of the Seychelle NATION newspaper.