2004 Findings on the Worst Forms of Child Labor - Seychelles

Incidence and Nature of Child Labor

Statistics on the number of working children under the age of 15 in Seychelles are unavailable,^[3592] and there have been no reports of child labor in the country.^[3593] Education is compulsory up to the age of 16 and free through secondary school up to the age of 18.^[3594] Students must cover the costs for uniforms, but not for tuition and books.^[3595] Recent primary school attendance statistics are not available for Seychelles. In 2001, the gross primary enrollment rate was 116.5 percent and the net primary enrollment rate was 99.4 percent.^[3596] Gross and net enrollment ratios are based on the number of students formally registered in primary school and therefore do not necessarily reflect actual school attendance. Attendance rates are not available for Seychelles.

Child Labor Laws and Enforcement

Article 31 of the Constitution protects children under the age of 15 from economic exploitation and hazardous employment, but allows children under the age of 15 to be employed part-time in light work that is not harmful to their health, morals or education.^[3597] However, there appears to some discrepancy between the Constitution and the Employment Act, which stipulates that any child under the age of 15 is prohibited from working. The Employment Act also considers children ages 16 to 18 as adults in the labor market, with no special protections for this age group.^[3598] The Employment of Young Persons and Children Act of 1981, however, amended the Persons and Children Act by specifically prohibiting children under 18 from working in hotels, restaurants and shops.^[3599] Violations of the minimum age regulation are punishable by a fine of SCR 6,000 (USD 1,090).^[3600] The Constitution provides for freedom from slavery, servitude, or forced or obligatory labor.^[3601] The Penal Code prohibits the procuring of "any girl or woman under the age of 21 years, not being a common prostitute or of known immoral character, to have unlawful carnal connection, either in the Seychelles or elsewhere, with any other person or persons." The Penal Code also prohibits procuring any woman or girl for the purpose of becoming a prostitute or inducing her to leave the country to work in a brothel.^[3602] The Ministry of Employment and Social Services enforces child labor laws and investigates claims of child labor abuses.^[3603]

In 2003, there were no reported cases of child labor requiring investigation by the Ministry of Employment and Social Services, no known cases of forced or bonded labor by children, and no reports of trafficking in persons to, from, or within the country.^[3604]

Current Government Policies and Programs to Eliminate the Worst Forms of Child Labor

The Government of Seychelles, through the Division of Social Affairs in the Ministry of Social Affairs and Manpower Development, works to protect children's rights.^[3605] The National Commission for Child Protection is responsible for overall child protection policies.^[3606]

[3592] LABORSTAT, Seychelles: 1A-Total and economically active population by age group (Thousands), Geneva, [database online] 2004 [cited September 29, 2004]; available from http://laborsta.ilo.org.

[3593] U.S. Department of State, Country Reports on Human Rights Practices – 2003: Seychelles, Washington, D.C., February 25, 2004; available from http://www.state.gov/g/drl/rls/hrrpt/2003/27749.htm.

[3594] UN Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties Under Article 44 of the Convention on the Rights of the Child: Initial Reports of States Parties due in 1995: Seychelles, CRC/C/3/Add.64, United Nations, January 2002, para. 359; available from http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CRC.C.3.Add.64.En?OpenDocument. See also U.S. Department of State, Country Reports – 2003: Seychelles, Section 5.

[3595] U.S. Department of State, Country Reports – 2003: Seychelles. Section 5.

[3596] World Bank, World Development Indicators 2004 [CD-ROM], Washington D.C., 2004. For an explanation of gross primary enrollment and/or attendance rates that are greater than 100 percent, please see the definitions of gross primary enrollment rate and gross primary attendance rate in the glossary of this report.

[3597] UN Committee on the Rights of the Child, Consideration of Reports: Initial Reports: Seychelles, para 482-83.

[3598] Ibid., para. 484.

[3599] ILO, Natlex: Seychelles, [cited May 20, 2004]; available from http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country….

[3600] U.S. Department of State, Country Reports – 2003: Seychelles, Section 6d.

[3601] Droit Francophone, Seychelles: Constitution des Seychelles, 2004 [cited December 2, 2004], Article 17; available from http://droit.francophonie.org/doc/html/sc/con/fr/1993/1993dfscco1.html.

[3602] Article 138 (a), (b), and (c) of the Penal Code. The Protection Project, "Seychelles," in Human Rights Report on Trafficking in Persons, Especially Women and Children: A Country-by-Country Report on a Contemporary Form of Slavery, 2002; available from http://209.190.246.239/ver2/cr/Seychelles.pdf.

[3603] U.S. Department of State, Country Reports – 2003: Seychelles., Section 6d.

[3604] Ibid., Section 5.

[3605] Ibid.

[3606] The National Commission for Child Protection was established in 1996. Government of Seychelles Ministry of Social Affairs and Manpower Development, "Seychelles – Putting Children First," African Newsletter, Finish Institute of Occupational Health and Safety, August 2000; available from http://www.ttl.fi/Internet/English/Information/Electronic+journals/Afri…. See also ATLAS Seychelles Ltd., The Historical Perspective of NCC, [online] [cited May 20, 2004]; available from http://www.seychelles.net/ncc/about.htm.