Country profile SYC
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2012-06-30 | C182 | Defence Act - Section 23. | [{"link_name":"Defence Act","source_link":"https://seylii.org/akn/sc/act/1980/31/eng@2012-06-30#part_V__sec_23"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Section 23. of the Defence Act stipulates that "no person who is under the age of 18 years shall be enrolled without the consent in writing of his parents or his guardian or, when the parents or guardian are dead or unknown, of the President.". |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2016-07-11 | C182 | Children Act - Section 73 | [{"link_name":"Children Act","source_link":"https://seylii.org/akn/sc/act/1982/16/eng@2016-07-11"}] | No | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Section 73 of the Act prohibits giving of drugs to children. It states that "No person shall (a) give to a child; (b) sell to a child; (c) allow a child to purchase; or (d) allow a child in his custody, care or charge to use or take, any controlled drug.". However, the use, procuring or offering of a child for drug production and trafficking is not prohibited. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2014-04-28 | C182 | Prohibition of Trafficking in Persons Act 2014 - Sections 2 and 4 | [{"link_name":"Prohibition of Trafficking in Persons Act 2014","source_link":"https://seylii.org/akn/sc/act/2014/9/eng@2014-04-28"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Section 2 of the Act states that exploitation indcludes sexual exploitation and defines sexual exploitation as including the use of the person for the sexual gratification of another person, which encompasses prostitution and use for production of pornographic materials. For its part, Section 4 prohibits child trafficking, which includes recruiting, harbouring, transferring or receiving a person under the age of 18 for the purpose of sexual exploitation. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2014-0428 | C182 | Prohibition of Trafficking in Persons Act - Section 4. (1) | [{"link_name":"Prohibition of Trafficking in Persons Act","source_link":"https://seylii.org/akn/sc/act/2014/9/eng@2014-04-28#page-2"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Section 4.(1) of the Act prohibits child trafficking. |
| Minimum age for hazardous work | 1991-05-1991 | C138 & C182 | Employment (Conditions of Employment) Regulations - Section 22 | [{"link_name":"Employment (Conditions of Employment) Regulations","source_link":"https://seylii.org/akn/sc/act/si/1991/34/eng@2020-06-01"}] | 15 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Section 22.(1) of the Employment Act prohibits the employment of children under 18 years in several positions including : hotels, guest-houses, boarding-houses, any place where tourists are accommodated, restaurants, shops, bars, nightclubs, dance-halls, discotheques or similar place of entertainment or on a ship or aircraft. Provided that the foregoing prohibition shall not apply to any employment under a training scheme approved by the Minister in writing.". Section 22 (2) also stipulates that no child of that age should work between the hours of 10 p.m. and 5 a.m. However, it should be noted that a competent officer may grant special written permission for the employment of any aged 15 to 17 years in a place listed above or between the hours of 10 p.m. and 5 a.m. |
| Minimum age for admission to apprenticeship | 1995 | C138 | N/A | [{"link_name":"Employment Act","source_link":"https://seylii.org/akn/sc/act/1995/2/eng@2021-09-16"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Although Part IV of the Employment Act states on the conditions and terms related to trainees and participants to apprenticeships, no minimum age for admission to apprenticeship is provided. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 1993-06-08 ; 2022 | C138 | Constitution of Seychelles - Article 33. a. ; Early Childhood Development Act of 2022 | [{"link_name":"-Constitution of Seychelles","source_link":"https://www.constituteproject.org/constitution/Seychelles_2017"},{"link_name":"-Early Childhood Development Act of 2022","source_link":"https://www.gazette.sc/sites/default/files/2022-12/Act%2025%20-%202022%20-%20Early%20Childhood%20Development%20Act%202022.pdf"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Article 33.a. of the Constitution of Seychelles stipulates that education is compulsory for a minimum period of 10 years. The Early Childhood Development Act of 2022 defines non-compulsory education as education provided to children under the age of five. This implies that compulsory education starts at 5 years and concludes at approximately 15 years. Since the minimum legal working age is set to 15 years, there is an alignment between the two age requirements. |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO::P13100_COMMENT_ID,P13100_LANG_CODE:4041616,en:NO"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | In an Observation published in 2021, the CEACR expressed "the firm hope that the draft Bill containing provisions permitting the employment of children between 13 and 15 years of age in light work will be adopted in the near future," indicating that no such legal provision has yet been implemented. |
| Minimum age for light work | 1993 | C138 | N/A | [{"link_name":"Constitution of Seychelles","source_link":"https://mjp.univ-perp.fr/constit/sc1993.htm"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Although Article 31 of the Constitution of Seychelles sets the minimum age for admission to work to 15 years, it allows "exceptions for children who are employed part-time in light work prescribed by law without harm to their health, morals, or education." However, the law does not set a minimum age for carrying out this light work. |
| Minimum age for admission to work | 2020-06-01 | C138 | Employment (Conditions of Employment) Regulations - Section 21 | [{"link_name":"Employment (Conditions of Employment) Regulations","source_link":"https://seylii.org/akn/sc/act/si/1991/34/eng@2020-06-01"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Section 21 of the Regulations sets the minimum age to 15 years old. |
| List of hazardous activities prohibited for children | N/A | C138 & C182 | N/A | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4041620,103090:NO"}] | No | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | In an Observation published in 2021, the Committee of Experts on the Application of Conventions and Recommendations (CEACR) urges the Government to ensure that the draft list of hazardous types of work prohibited for children under 18 years is adopted in the very near future. Our research has not led us to conclude that such provisions have been adopted since the publication of this observation in 2021. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 28-SEP-1999 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 07-MAR-2000 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| The MTS seeks to provide a high quality and performing education system. Its priority areas include : to meet the needs of the individual through the delivery of education that is relevant to personal, social, cultural and economic needs ; to support a socially inclusive society with equal opportunities for all ; to improve the standard and quality of education and promote best practice in classrooms, schools and other centres for education ; to developing capacity to deliver education through quality planning, policy formulation and Customer Service Delivery. | [{"link_name":"MTS","source_link":"https://planipolis.iiep.unesco.org/sites/default/files/ressources/seychelles_education_medium_term_plan_2018-2022.pdf"}] | 2018-2022 and beyond | Education Sector Medium Term Strategic Plan (MTS) | Ministry of Education and Human Resource Development |
| Although the SDWCP does not have a special focus on the elimination of child labour, its key objectives include measures that can contribute in the identification and reporting of child labour cases. It seeks to enforce workplace compliance to better protect labour rights and promote safe and secure working environments by developing effective labour inspection unit and incident reporting channels; as well as to enhance mechanisms for effective reporting on the international labour conventions and standards for consequent conformity with Committee of Experts on the Application of Conventions and Recommendations (CEACR) Comments by improving the training of staff and stakeholders. | [{"link_name":"SDWCP","source_link":"https://www.ilo.org/sites/default/files/wcmsp5/groups/public/%40ed_mas/%40program/documents/genericdocument/wcms_674580.pdf"}] | 2019-2023 | Seychelles Decent Work Country Programme (SDWCP) | Advisory Monitoring Committee (AMC) of the Ministry of Employment and Social Affairs |