Integrity, Good Governance, and Human Rights (SYC0006)

What is the public problem that the commitment will address? The commitment aims to address problems of limited evidence-practice based analysis and recommendations from the perspective of independent State institutions, lack of robust contemporary mechanisms for wider good governance collaboration, and insufficient capacities.

Background: Seychelles became independent on the 29th of June 1976. At the time of independence Seychelles adopted a new constitution (Constitution of the 1st Republic) which structured Seychelles as a democratic Republic with a form of a semi-presidential system. The Constitution of the 1st Republic also included justiciable human rights, however the types of human rights were limited in civil and political rights only. On the 5th of June 1977 a coup d’état occurred which subsequently lead to the suspension of parts of the Constitution of the 1st Republic and the adoption of a new constitution (Constitution of the 2nd Republic) on the 23rd of March 1979. The Constitution of the 2nd Republic structured Seychelles as a one party socialist Republic with a form of a socialist-presidential system. The Constitution of the 2nd Republic did not include any justiciable human rights.

Current Context: On the 18th of June 1993, Seychelles adopted the current constitution (the Constitution) which structures Seychelles as a democratic Republic with a presidential system, which is based on democracy, the rule of law and human rights. The Constitution enshrines 25 justiciable human rights which must be interpreted consistently with the international human rights obligations of Seychelles. These rights include civil, political, economic, social, cultural, environmental and group rights. Moreover, Seychelles has ratified all 9 core international human rights treaties and many of the regional human rights treaties, including the African Charter on Human and Peoples’ Rights and the African Charter on the Rights and Welfare of the Child. Therefore, the Constitution provides the people of Seychelles with a comprehensive human rights system. Thus, democracy, the rule of law and human rights is the foundation of the constitutional structure and systems of governance in Seychelles. Further, the Constitution also establishes various independent State institutions necessary to maintain the integrity of the constitutional structure and systems of governance, which include the Constitutional Appointment Authority, Electoral Commission, Ombudsman, Public Service Advisory Board and the Auditor General. Over the past 30 years, as the constitutional structure and systems of Seychelles developed, the State has established more independent State institutions in various areas to address specific matters, which are also related to the integrity of the constitutional structure and systems of governance. Some of these independent State institutions include the Anti- Corruption Commission, Information Commission, Media Commission and the Human Rights Commission.

Specific Problem Statement: Given the transition from the Constitution of the 2nd Republic, the current Constitution required and continues to require a comprehensive review of its structure and systems of governance, and where necessary, the structure and systems need to be brought line with the foundations of the Constitution, being democracy, the rule of law and human rights. Given also the increase of independent State institutions, the progression of the constitutional system of governance, the continual need to maintain the integrity of the constitutional structure and systems of governance and the need to have a comprehensive review of the constitutional structure and systems of governance; a comprehensive mechanism does not exist to address the above matters at the national level.

What is the commitment? The proposed integrity coalition will act as a think tank to debate issues, pool ideas and resources and produce recommendations to knowledgeably inform vetted and broadly supported policy making. Diverse stakeholder views will be represented and given balanced attention based on agreed critical priorities. The coalition will support each other to embed accountability and transparency through an open government partnership and human rights-based approach lens to achieve wider community improvement. The expected results will be strengthened independent State institution coordination, broadened public-civic collaboration mechanisms and effective initiatives introduced on the constitutional structure and systems. This commitment proposes an integrated and collaborative approach to advancing good governance reforms through the formation of an integrity coalition made of multiple key independent State institutions that will collectively engage with a diverse group of community stakeholders.

How will the commitment contribute to solve the public problem? A platform, such as an integrity coalition, could assist in addressing the problem by: 1) Strengthening independent State institutions by facilitating coordination between them to enhance their ability to perform their specific mandates in the most effective and efficient manner possible; 2) Providing a gateway between independent State institutions and civil society to promote effective, efficient and meaningful engagement that can lead to independent State institutions and civil society being more informed and greater participation in the system of governance; 3) Providing a gateway between independent State institutions and the Government to promote meaningful engagement that can lead to more effective and efficient maintenance of the integrity of the constitutional structure and systems and a comprehensive review of the constitutional structure and systems..

Why is this commitment relevant to OGP values? Historically, solutions have tended to be conventional with informal civic discourse or pressure, sometimes in an organized manner though largely informal, and on external drivers such as global trends, treaties, conventions, and multi-lateral consultations for progressive change. There has been an observed over-reliance on political, legislative and judicial arms to drive the agenda for good governance, Constitutional structures and systems change. Given that several independent State institutions have come into existence recently, some in the role of quasi-judicial bodies, and with diverse expertise, there is a scope to engage further and contribute ideas through a formal collective platform. The strength of the coalition is that it consists of independent State institutions on the direct front line and as a result, has the potential to offer balanced or alternative options, credible evidence, and influence to visibly expand greater good governance initiatives. Through increased dialogue and collaboration will improve understanding, knowledge and enable transparency. Increased evidence based research will support transparent monitoring and evaluation systems and promote accountability. This coalition by definition involves bringing together various public-civil stakeholders in an inclusive and participatory approach.

Additional information

Outcome 1 By 2026, a national integrity coalition is contributing initiatives that strengthen Constitutional structures and systems and supporting the delivery of effective good governance policies and reforms that will benefit citizens lives.
Outcome 2 By 2026, OGP is a term that is increasingly used in national conversations and public-civil sectors start to engage under the umbrella of OGP as one of the constructive ways to bring about change.

Milestone activity with a verifiable deliverable | Start date | End date

A national integrity coalition is formed and starts planning joint objectives. Output 1 a: Quarterly consultative meetings organized between stakeholders. Output 1b: A guidance paper is drafted on proposed ways of working and objectives. | February 2024 | December 2024

A national integrity coalition sets and achieves at least one priority programme. Output 2a: A panel discussion is held on a Constitutional good governance related topic. Output 2b: A desktop review exercise is carried out and paper produced on a Constitutional good governance related topic. | January 2025 | December 2025

A national integrity coalition has advocated evidence-practice based recommendations to inform policy making. Output 3a: A dialogue is organized between the national integrity coalition, OGP Co- Chairs, National Assembly and the Cabinet of Ministers to present recommendations and plan for next action | November 2025 | 2026

Action Plan Review

For a complete description of the commitment, see Commitment 2 in https://drive.google.com/drive/folders/16ypfzeiWXWbMMLsrzeNF2bwcm5oNxuDJ

Context and objectives:

This commitment establishes a new practice in the constitutional development of Seychelles. Before the adoption of Commitment 2, there were gaps in Seychelles’ political structure, such as the grassroots’ lack of constitutional knowledge, inadequate broader understanding of the political power structure (executive, legislature, and judiciary), and outdated laws parallel to the current constitution. The commitment was originally held by the Seychelles Human Rights Commission, however, the lead implementer moved to the position of Ombudsman. The commitment is now held within that body. According to the OGP Point of Contact and CSO members, the 1993 constitution allowed for the implementation of these changes. However, there were minimum efforts dedicated to improving the status quo.

Commitment 2 reinforces the importance of adherence to good governance, constitutionalism, and transparency in Seychelles. CSOs, [18] independent state institutions, [19] and the government [20] highly endorsed including this commitment in the second action plan. While the country is democratizing faster than other African countries and young democracies, [21] formal and informal stakeholders are aiming to fully democratize in the foreseeable future. They concur that Commitment 2 standards set the base for achieving a functional democracy status. Therefore, they formed a National Integrity Coalition comprising diverse key independent State institutions. [22]

Institutions in the Coalition include the Anti-Corruption Commission of Seychelles (ACCS), Constitutional Appointments Authority (CAA), Electoral Commission, Information Commission (InfoCom), Media Commission, Ombudsman’s Office, Public Service Appeal Board (PSAB), and Seychelles Human Rights Commission (SHRC). The Coalition is mandated to: operate independently from the government; act as a bridge between the government and civil societies; audit the political elites (arms of the state); externally review each other’s conduct; and advocate for good governance and integrity.

According to the OGP Point of Contact and the responsible for implementation of this commitment, [23] the Coalition is the first of its kind in Seychelles' political history. The OGP process was significant in supporting the creation of the Coalition. [24] The government and stakeholders indicated their ambition to ensure the continuity of the coalition. Likewise, Mr. Laurence (CEPS) indicated that CSOs were also mobilizing to form a similar coalition. [25] It would open avenues for grassroots engagement further beyond the National Integrity Coalition. Although civil societies are not included in the Coalition steering committee, they remain paramount in successfully executing the Commitment. They will be invited to contribute their input and participate in the activities of the Coalition. The broader aim is to improve legitimate structures for transparency and accountability in governance and constitutional consciousness in civic spaces. Commitment 2 has the potential to advance the constitutional transition that started in 1993 and strengthen good governance in the Seychelles.

Potential for results: Substantial

Commitment 2 shows substantial potential for attaining transformative results in the open government dynamics of Seychelles. This commitment can potentially strengthen public information on citizens’ constitutional rights, including those around public participation. It also aims to engage civil society and solicit their input on constitutional issues under discussion. Finally, the Coalition’s recommendations to the government may contribute to further open government reforms.

The National Integrity Coalition is a prerequisite foundation for establishing functional democratic institutions in Seychelles. Strong independent institutions and check-and-balance mechanisms are key for open and democratic governance. The standards of open governance (transparency, civic participation, public accountability) will be unattainable without this base framework. This commitment will set a strong foundation for good governance-oriented initiatives. The Coalition has the potential to contribute to a sustainable culture of political administration that values integrity, accountability, the rule of law, and constitutionalism.

Moreover, the commitment seeks to bring about the amendment of outdated laws to match the current constitution. According to the OGP Point of Contact and the commitment holder, not all laws were amended when the 1993 constitution was adopted. [26] Commitment 2 seeks to ensure that the legal system remains relevant, effective, and consistent with the principles and values enshrined in the Constitution. This is essential for open governance because a constitution is a foundational framework for government that defines various branches' powers and duties while guaranteeing citizens fundamental rights and freedoms. Outdated laws often lead to inconsistencies, legal ambiguities, and potential violations of constitutional rights. It is important that the National Integrity Coalition creates avenues for ensuring constitutional compliance.

At the time of writing, implementing Milestone 1—to enhance online availability and accessibility of fisheries information, via the publication of FiTI reports—is underway. It began with the formation of the National Integrity Coalition, the design and signing of the Memorandum of Understanding, and the selection of 2024 priority areas. The selected focal areas include: review and recommendations on the Public Service System; educational programs; and producing a report stating the case for the independence and autonomy of all constitutional and statutory oversight institutions. These focal points will reinforce transparency as these independent state institutions disclose more information on their internal and external affairs.

Unlike other commitments in the previous and current action plans, this commitment is implemented by independent state institutions. This gives a new dimensional approach to attaining open governance standards because these institutions were created to reinforce good governance. It also creates the foundation for open government to become a cross-branch government-wide priority. Firstly, their operational framework obligates them to operate as regulatory agencies, providing checks and balances against the government’s arbitrary use of authority. According to Seychelles’ constitution, these institutions are constitutionally mandated to operate autonomously from the government despite their dependence on state-allocated resources, especially fiscal capacity. [27] This background experience in oversight and regulatory capacity gives the institutions a comparative advantage in attaining their desired results.

Members of the CSO and government interviewed were optimistic about the dedication to enhance accountability from the pinnacle of the political pyramid. [28] The IRM observes that the potential for transformative results in the National Integrity Coalition stems from its evaluation structure, which accentuates internal evaluation. The internal evaluation strategy demonstrates that integrity begins from within. In this context, it pertains to these institutions holding each other accountable, collaborating, coordinating, and supporting each other to embed standards of good governance in their respective departments. [29] Considering these institutions operate as a broker between the government and the citizenry, ensuring their competence and integrity is essential. Implementation of Commitment 2 could result in increased credibility (independent state institutions) with both the government and the grassroots, eventually strengthening the resilience of democracy.

The National Integrity Coalition also aims to foster public awareness of the constitutional structures of Seychelles. According to the Coalition’s second meeting minutes, the stakeholders agreed to focus on an educational program (named Constitutional Mechanics). Mr. Laurence (CEPS) pointed out that the Human Rights Commission developed the course outline. It is expected to cover: the overall structure of the Constitution; the importance of the Constitution; public participatory avenues guaranteed by the Constitution; and citizens constitutional rights and responsibilities. This will grant citizens more access to information on their governing structures. Likewise, implementing this educational program could facilitate civic participation, as the course participants will be CSOs and the general populace. [30] This knowledge will enable the grassroots to understand and comprehend actions taken by the three arms of government in their legal capacity. It allows the citizens to assess whether these actions are within the constitutional confines and enacted in good faith. Finally, the course will ensure that more citizens understand ways in which they can hold the government accountable such as peacefully protesting, requesting information from the authorities, or participating in budget formulation among others. [31]

Besides the educational programs, the National Integrity Coalition will create more deliberative platforms for civic participation. According to Seychelles Human Rights Commission Legal Director and commitment holder, CSOs will be invited to participate in the Coalition's meetings and activities. He also added that they will be given opportunities to share their input and recommendations.

Opportunities, challenges, and recommendations during implementation

The commitment has a strong potential to positively influence the open governance transition in Seychelles. Nevertheless, the implementors are encouraged to consider the role of civil society.

· Article 3B of the Memorandum of Understanding focuses on including civil society, while the Coalition’s Meeting Procedures states that members can propose and vote on engagements with civil society. However, civil society’s actual influence on the National Integrity Coalition is unclear. The implementors of Commitment 2 and the coalition are encouraged to elaborate further on the article. They can consider adding CSOs' participatory parameters (rules and regulations) and clarifying how the input from civil societies will be incorporated into the Coalition’s. Finally, it is important to ensure that the Coalition has a clear role and adds meaningful value to the process, to ensure continued commitment by all participants.

· The IRM recommends that the implementors refer to Scotland, United Kingdom Participation Framework. [32] It developed a participation framework to guide policymakers on the forms of participatory methods to use to involve the public in decision-making. [33] Similarly, Sweden also developed the “Consultation Model to Engage CSOs.” [34] It is a dialogue model (sakråd) to engage with CSOs on issue-specific consultations. [35]