Act 10 2026 - Commission (for the Enforcement, Implementation and Monitoring of the TRUNC Recommendations) Act 2026

[29th Jun e 2 0 2 6 ] Commiss i on (for the Enforcement, Implementation and Monitoring 110 of the TRUNC Recommendations) Act REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT COMMISSION (FOR THE ENFORCEMENT, IMPLEMENTATION AND MONITORING OF THE TRUNC RECOMMENDATIONS) ACT, 2026 (Act 10 of 2026) ARRANGEMENT OF SECTIONS SECTIONS PART I - PRELIMINARY 1. Short title and commencement 2. Interpretation PART II - ESTABLISHMENT, OBJECTS AND FUNCTIONS OF THE COMMISSION 3. Establishment of Commission 4. Objectives 5. Powers, duties and functions PART III - GOVERNANCE 6. Appointment of Commissioners 7. Removal of Commissioners 8. Reparations 9. Meetings deliberations and decisions 10. Staff and Experts PART IV - FINANCIAL PROVISIONS 11. Funds of Commission and reparation funding 12. Financial year 13. Accounts of Commission 14. Reports and recommendations PART V - MISCELLANEOUS 15. Commissioners and employees to be public servants 16. Regulations SCHEDULE - Oaths of Commissioners [29th Jun e 2 0 2 6 ] Commiss i on (for the Enforcement, Implementation and Monitoring 111 of the TRUNC Recommendations) Act REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT COMMISSION (FOR THE ENFORCEMENT, IMPLEMENTATION AND MONITORING OF THE TRUNC RECOMMENDATIONS) ACT, 2026 (Act 10 of 2026) I assent 19th June, 2026 AN ACT TO ESTABLISH A COMMISSION TO IMPLEMENT, ENFORCE AND MONITOR THE RECOMMENDATIONS OF THE TRNUC; TO PROVIDE FOR REPARATIONS, RECONCILIATION AND NATIONAL UNITY; AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. ENACTED BY THE PRESIDENT AND THE NATIONAL ASSEMBLY. PART I - PRELIMINARY Short title and Commencement 1.(1) This Act may be cited as the Commission (For the Enforcement, Implementation and Monitoring of the TRNUC Recommendations) Act, 2026. (2) This Act shall come into operation on such date as the Minister may, by statutory instrument published in the Gazette, appoint. [29th Jun e 2 0 2 6 ] Commiss i on (for the Enforcement, Implementation and Monitoring 112 of the TRUNC Recommendations) Act REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Interpretation 2. In this Act — “Commission” means the Commission for the Enforcement, Implementation and Monitoring of the Recommendations of the TRNUC established under section 3; “Commissioner” means a member of the Commission and includes the Chairperson; “initial mandate” means the tasks of the Commissioners to complete the functions specified under section 5(1)(e); “perpetrator” means a person who has been found by TRNUC, to have committed any violation and includes a person who has given an order, or materially assisted someone, to commit a violation; “rehabilitation” means the psychological or mental support offered to both victims and perpetrators in need of such support, with a view to their achieving complete closure, including restoring their credibility in society; “reparation” includes compensation, rehabilitation, facility or concession made to a victim; “Reparation Trust Fund” means the fund established under section 11(3); “repository” means the information centre established in accordance with Recommendation 10 of the TRNUC's final report, where all the files and audio- visual records of the TRNUC's work will remain available to the general public for consultation; “TRNUC” means the Truth, Reconciliation and National Unity Commission established under Act 9 of 2018; “Minister” means the President; “victim” means a person who has suffered any harm or detriment as a result of any violation; “SIFCO” and “CEPS” means the Seychelles Interfaith Council and the Citizen Engagement Platform Seychelles registered as associations under the Association Act, (Act 8 of 2022); “violation” means any human rights abuse determined by the TRNUC as having been committed during, or in relation to, the Coup D'état of 5 June 1977 and includes the following acts — (a) unlawful killing; (b) unlawful imprisonment or other deprivation of physical liberty; [29th Jun e 2 0 2 6 ] Commiss i on (for the Enforcement, Implementation and Monitoring 113 of the TRUNC Recommendations) Act REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (c) torture; (d) rape; (e) enforced disappearance of persons; (f) kidnapping; (g) forceful eviction from legally owned building or land; (h) unjustified acquisition or loss of property or business; (i) wrongful denial of the right to work; (j) wrongful termination of employment; (k) forced exile; (l) abuse of office by a government official, including the executive, judiciary or legislature; or (m) other acts of a similar character causing suffering, or injury to body or to mental or physical health. PART II - ESTABLISHMENT, OBJECTS AND FUNCTIONS OF THE COMMISSION Establishment of Commission 3.(1) There is hereby established a Commission for the enforcement, implementation and monitoring of the recommendations of the TRNUC. (2) The Commission shall be a body corporate, self-governing, neutral and independent, and shall not be subject to the direction or control of any person or authority. Objectives 4. The objectives of the Commission shall be to act on the recommendations made in the TRNUC's final report submitted to the President in March 2023; and to determine reparations for, and order payment thereof to, victims as identified by the TRNUC in its final report. Powers, duties and functions 5.(1) The powers, duties and functions of the Commission in pursuing its objects shall be — (a) to establish structures and institutions, and to undertake activities necessary to ensure that the violations identified and reported by the TRNUC in its final report are effectively addressed, that the divisions caused by such violations are reconciled, and that such violations do not recur; [29th Jun e 2 0 2 6 ] Commiss i on (for the Enforcement, Implementation and Monitoring 114 of the TRUNC Recommendations) Act REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (b) to ensure that the work of the TRNUC is given the widest coverage and that the findings and recommendations of the TRNUC are used to help bridge divisions and bring about true reconciliation of the Seychellois nation; (c) to set up a repository in which all documents collated and exhibits received by the TRNUC in the course of its work shall be kept and ensure that an accurate and objective public record of the complaints of alleged violations is maintained and archived for posterity and in accordance with the recommendations made by the TRNUC in its final report; (d) to provide closure for the victims and perpetrators of the violations; (e) to determine — (i) the appropriate reparations for victims based on the findings and recommendations of the TRNUC in its final report; and (ii) the appropriate rehabilitation for victims and perpetrators; (f) to instruct payment of the determination for reparation by the Reparations Trust Fund; (g) to unite the people of Seychelles around a common agenda that will help them move forward in confidence and with a sense of common purpose; and (h) to develop and promote a common national agenda and purpose based on the Preamble of the Seychelles Constitution and the Seychellois Charter of Fundamental Rights and Freedoms that will unite the people of Seychelles. (2) The Commission shall carry out its functions in an open, impartial and transparent manner. (3) The Commission shall abide by universally recognised legal principles and human rights norms. (4) For the purposes of its functioning, the Commission may establish a reparation Trust Fund. PART III - GOVERNANCE Appointment of Commissioners 6.(1) The Commission shall consist of five Commissioners, appointed by the President in consultation with SIFCO and CEPS. (2) In making their selection and proposals under subsection (1), the persons proposed shall — (a) be of good standing and high moral character, capable of performing their functions independently, impartially and in compliance with the highest ethical standards; and [29th Jun e 2 0 2 6 ] Commiss i on (for the Enforcement, Implementation and Monitoring 115 of the TRUNC Recommendations) Act REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (b) be persons with experience in fields such as finance, law, theology, accounting, sociology or representatives from relevant NGOs. (3) The Commissioners shall designate a Chairperson and a Vice Chairperson from amongst themselves. (4) Every Commissioner shall, prior to assuming office, take the oath before the President as specified in the Schedule. (5) No Commissioner shall be liable to any investigation, prosecution, action or suit in respect of any matter or thing done by him or her in the discharge of his or her functions and duties under this Act. Removal of Commissioners 7.(1) A Commissioner may, at any time, resign as Commissioner with three (3) months' notice by tendering his or her resignation, in writing, to the President. (2) The President may remove any Commissioner for gross misconduct. (3) Where a Commissioner dies, resigns or is removed from the Commission, the vacancy shall be filled in the same manner as provided under section 6. (4) Notwithstanding a vacancy under subsection (1) or (2), the Commission shall continue to discharge its functions until the vacancy is filled. Reparations 8.(1) The Commission shall develop a reparation payment scheme which it shall use in the determination of reparations in order to achieve fairness as far as practicable. (2) The final determination of reparation under subsection (1) shall be subject to an agreement between the Commission and the victim. (3) All disbursements made shall be subject to the availability of funds. (4) Upon making the last determination of reparation under subsection (1), the Commission's initial mandate as specified under section 5(e) shall end and pursuant to section 10 the President shall appoint a Head to continue with the objectives of the Commission. Meetings deliberations and decisions 9.(1) The meetings and deliberations of the Commission shall be held at such place and on such dates and times as designated by the Chairperson. (2) The quorum for any meetings shall be three Commissioners, including the Chairperson. (3) The meetings shall be chaired by the Chairperson. [29th Jun e 2 0 2 6 ] Commiss i on (for the Enforcement, Implementation and Monitoring 116 of the TRUNC Recommendations) Act REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (4) In making decisions, the Commission shall make every effort to reach consensus and if consensus cannot be reached, the Commission may take decisions by a majority of the members of the Commission, and in such cases, the minutes of the meeting shall record the objection or dissenting opinion. (5) The Commission may, if it so desires, invite experts to its meetings to assist the Commission in its deliberations, provided that the Commission shall not be bound to accept the opinion of such experts. (6) The Commission shall keep and maintain written records of its proceedings. (7) The Commission may appoint a Secretary who shall assist in the discharge of their mandate. Staff and Experts 10.(1) Upon the expiry of their initial mandate, the President may, by order published in the Gazette, appoint a Head of the Commission for the continuity of the functioning of the Commission. (2) The Commission may appoint such national or international staff or experts, as it deems necessary to assist it in the discharge of its functions. (3) The terms and conditions of service and the remuneration to be paid to the Commissioners, the Head appointed under subsection (1), the staff or experts shall be as determined in accordance with the Government's remuneration policy or as may be prescribed by regulations. PART IV - FINANCIAL PROVISIONS Funds of Commission and reparation funding 11.(1) The funds of the Commission shall consist of — (a) moneys appropriated, from time to time, by the National Assembly; (b) donations, endowments and other contributions; and (c) any other income lawfully accruing to the Commission. (2) There shall be paid out of the funds of the Commission, any expenditure incurred by the Commission in the exercise, performance and discharge of its powers, duties and functions. Financial year 12.(1) The financial year of the Commission shall be the calendar year. (2) The Commission shall maintain proper accounts and other relevant records and prepare a statement of accounts in line with modern accounting methods and in such forms as may be approved by the Auditor General. (3) The accounts of the Commission shall be audited by the Auditor General in accordance with Article 158 of the Constitution. [29th Jun e 2 0 2 6 ] Commiss i on (for the Enforcement, Implementation and Monitoring 117 of the TRUNC Recommendations) Act REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Accounts of Commission 13.The Chairperson and the Head of the Commission shall ensure that proper accounts and other records are kept with respect to the Commission's activities, funds and property. Reports and recommendations 14.(1) The Commission shall submit to the President of the Republic an annual report of its activities during the previous calendar year by the 31st March of the following year. (2) The Commission shall submit a final report on the reparations determined and made within three months after it has completed its initial mandate. (3) The final report shall detail the decisions and actions taken as specified in the objectives of the Commission, as well as an evaluation of the steps taken and successes obtained. (4) The President shall lay the reports before the National Assembly and make the reports public within thirty (30) days of receiving them. (5) The Commission shall ensure that all the working documents and files in its possession shall be deposited for safekeeping with the repository. PART V - MISCELLANEOUS Commissioners and employees to be public servants 15.(1) The Commissioners, officers and employees of the Commission shall be deemed to be employed in the public service and sections 91 to 95 of the Penal Code (Cap. 158) shall apply to them. (2) Any suit or other legal proceedings shall not lie against the Commission, any officers or employees of the Commission in respect of an act done or intended to be done in good faith in the discharge of any function in pursuance of this Act. Regulations 16. The Minister may make regulations for carrying out, or giving effect to, the provisions of this Act. SCHEDULE (Sec 6(4) ) Oath of Commissioners The Commissioners appointed under section 6 shall, upon their appointment take the following oath — “I swear/solemnly declare that I will perform my duties and exercise my powers as a Commissioner of the Commission for the Enforcement, Implementation and Monitoring of the Recommendations of the Truth, Reconciliation and National Unity Commission (TRNUC) honourably, faithfully and impartially without fear or favour, affection or ill will. (So, help me God)”. [29th Jun e 2 0 2 6 ] Commiss i on (for the Enforcement, Implementation and Monitoring 118 of the TRUNC Recommendations) Act REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT I certify that this is a correct copy of the Bill which was passed by the National Assembly on Wednesday 10th June, 2026. Mrs. Tania Isaac Clerk to the National Assembly