2005 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.⁴²²⁴

Education is compulsory up to the age of 16, and free through secondary school up until age 18.⁴²²⁵ Students must pay for uniforms, but not for books or tuition.⁴²²⁶ In 2002, the gross primary enrollment rate was 114 percent and the net primary enrollment rate was 100 percent.⁴²²⁷ 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. Primary school attendance statistics are not available for Seychelles.⁴²²⁸ As of 2002, 99 percent of children who started primary school were likely to reach grade 5.⁴²²⁹

Child Labor Laws and Enforcement

Article 31 of the Constitution protects children under age 15 from economic exploitation but allows children to be employed part-time in light work that is not harmful to their health, morals, or education.⁴²³⁰ The Employment Act prohibits any child under age 15 from working.⁴²³¹ It is illegal to employ children between the ages of 15 and 16 in certain forms of hazardous work, and the Minister of Employment and Social Affairs has the ability to limit categories of employment in which children of this age can participate.⁴²³² The Employment Act also considers children ages 16 to 18 as adults in the labor market, with no special protections for this age group.⁴²³³ The Employment of Young Persons and Children Act of 1981, however, prohibits the employment of persons under 18 in hotels, restaurants, and shops.⁴²³⁴ Violations of the minimum employment age are punishable by a fine of SCR 6,000 (USD 1,090).⁴²³⁵

The worst forms of child labor may be prosecuted under different statutes in Seychelles. The Constitution provides for freedom from slavery, servitude, or forced or obligatory labor.⁴²³⁶ The Penal Code also prohibits procuring any woman or girl for purposes of prostitution or inducing her to leave the country to enter a brothel.⁴²³⁷ There is no conscription, and the minimum age for voluntary military service is 18.⁴²³⁸ Exceptions to this rule require written permission from a parent or guardian.⁴²³⁹

The Ministry of Employment and Social Services enforces child labor laws and investigates claims of child labor abuses.⁴²⁴⁰

In 2004, 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 person to, from, or within the country.⁴²⁴¹

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

The Government of Seychelles has also developed a National Plan of Action for Children 2005-2009, which sets out specific goals and actions related to the continued enforcement of all child protection laws as well as the development and well-being of children in Seychelles.⁴²⁴²

4224 This statistic is not available from the data sources that are used in this report. Please see the "Data Sources and Definitions" section of this report for information about sources used. Reliable data on the worst forms of child labor are especially difficult to collect given the often hidden or illegal nature of the worst forms, such as the use of children in the illegal drug trade, prostitution, pornography, and trafficking. As a result, statistics and information on children's work in general are reported in this section. Such statistics and information may or may not include the worst forms of child labor. For more information on the definition of working children and other indicators used in this report, please see the "Data Sources and Definitions" section.

4225 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; available from http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CRC.C.3.Add.64.En?OpenDocument. para. 27, 359. See also U.S. Department of State, Country Reports on Human Rights Practices – 2004: Seychelles, Washington, D.C., February 28, 2005, Section 6d; available from http://www.state.gov/g/drl/rls/hrrpt/2004/41624.htm.

4226 U.S. Department of State, Country Reports – 2004: Seychelles, Section 5.

4227 UNESCO Institute for Statistics, http://www.uis.unesco.org/profiles/EN/EDU/countryProfile_en.aspx?code=6… (Gross and Net Enrolment Ratios, Primary; accessed August 2006). For an explanation of gross primary enrollment rates that are greater than 100 percent, please see the definition of gross primary enrollment rate in the "Data Sources and Definitions" section of this report.

4228 This statistic is not available from the data sources that are used in this report. Please see the "Data Sources and Definitions" section for information about sources used.

4229 UNESCO Institute for Statistics, http://stats.uis.unesco.org/TableViewer/tableView.aspx?ReportId=55 (School life expectancy, % of repeaters, survival rates; accessed December 2005).

4230 UN Committee on the Rights of the Child, Consideration of Reports: Initial Reports: Seychelles.. para. 482. See also U.S. Department of State, Country Reports – 2004: Seychelles, Section 5.

4231 UN Committee on the Rights of the Child, Consideration of Reports: Initial Reports: Seychelles, para. 483.

4232 Ibid., para. 483.

4233 Ibid., para. 484.

4234 ILO, Natlex: Seychelles, [cited May 20, 2004]; available from http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country….

4235 U.S. Department of State, Country Reports – 2004: Seychelles, Section 6d.

4236 Droit Francophone, Seychelles: Constitution des Seychelles, 2004 [cited December 2, 2004]; available from http://droit.francophonie.org/doc/html/sc/con/fr/1993/1993dfscco1.html.

4237 The Protection Project, "Seychelles," in Human Rights Report on Trafficking in Persons, Especially Women and Children, 2005, 1; available from http://www.protectionproject.org.

4238 UN Committee on the Rights of the Child, Consideration of Reports: Initial Reports: Seychelles, pg. 13.

4239 Ibid.

4240 U.S. Department of State, Country Reports – 2004: Seychelles, Section 6c.

4241 Ibid.

4242 U.S. Embassy Victoria, email communication to USDOL official, August 11, 2006.