2008 The Year Of The Constitution

In our last issue for 2007 Le Nouveau Seychelles Weekly we declared 2008 as the Human Rights Year. We made an appeal to President Michel personally to hear our call and to join with us in making 2008 the year that this fundamental right enshrined in the Constitution of the Third Republic is finally respected and protected throughout the fabric of society. 

We are happy to report that the President responded positively by declaring 2008 as the Year of the Constitution, “Our Constitution, our Voice”. This is the first serious step in years by this government in establishing genuine democracy in Seychelles. Mr. Michel can expect our full backing and cooperation in his effort at making our Constitution a working document. The Constitution is the Supreme Law of the land within which fundamental rights are set and guaranteed. And in an end of the year interview with the Seychelles Nation President Michel said the following, “In 2008 it will be 15 years of the Third Republic after a great majority of our population approved the new Constitution. Our Constitution is a sacred document. It embodies rights and responsibilities. It is the guide to our behaviour as individuals, government and bodies. In it are the democratic principles. We should promote our Constitution in order to build our democracy, live our aspirations and reinforce the institutions of nation-building.”

During 2008 we need to take a fresh look at our Constitution to establish if it does measure up to current day challenges and where changes are required it must be effected without fear. The establishment of a ‘Human Rights Commission’ with independent minded people appointed to discharge its functions will be the perfect start. We believe firmly that the way forward is to empower the people with knowledge of the Constitution. In so doing, we would be creating a society where everyone knows their true responsibilities and aspirations. The Government of the day must also take its responsibilities seriously and lead by example. The leaders in government and the opposition must practice what they preach; otherwise the population will lose faith rendering the whole exercise futile.    

After 15 years of experience and living under the 1993 Constitution, it is imperative that this important document is comprehensively reviewed, amended and modernize; for instance many of the laws passed during the one-party state era  are clearly unconstitutional. The Immigration today. Decree passed in 1979 to consolidate the political strangle-hold of the SPPF government immediately after the 1977 coup d’etat is a prime example. The SBC Act is another example. The President must immediately set up a Constitutional Review Committee made up of legal experts to make recommendations which laws should be amended to bring them in line with the Constitution. The judges who sit on the Constitution Court must also not be averse to practicing “judicial activism”.    

The concept in our Constitution of the separation of powers between the Executive, the Legislature and the Judiciary must be clearly defined and adhered to if we are going to be taken seriously. This is an opportunity which we as a nation cannot afford to miss; after fifteen years of pluralistic politics our democracy still lacks maturity. Our Constitution is styled in a manner which prevents the different political forces in the country from working together for the betterment of the nation; this must be addressed sooner rather than later. In a small country such as ours we need a Constitution which allows for unity not division. 2008 is the year in which we must consolidate our effort in achieving greater highs as responsible citizens of our very small nation.

January 25, 2008
Copyright 2007: Seychelles Weekly, Victoria, Mahe, Seychelles