framework, that there is no functioning national asylum system, including for refugee status
determination, and that there are no provisions in domestic laws prohibiting non-refoulement
of persons who may require international protection (arts. 2 and 3).
29.
The State party should:
(a)
Comply with its non-refoulement obligations under article 3 of the
Convention by ensuring the proper screening and identifying of persons who may be in
need of international protection and provide them with access to asylum procedures
before proceeding with expulsions or deportations in order to prevent them from being
returned to countries where they may risk being subjected to torture;
(b)
Enact asylum legislation and establish a functioning national asylum
system that provides for fair and efficient refugee status determination procedures, in
line with international standards;
(c)
Designate or establish a Government body responsible for receiving and
processing claims from asylum-seekers and other persons who may require
international protection;
(d)
Request the support of the Office of the United Nations High
Commissioner for Refugees (UNHCR) to provide training in relation to refugee law and
on refugee status determination procedures.
Ill-treatment of non-citizens and stateless persons
30.
While taking note of the explanation of the delegation of the State party that
Seychelles does not have an indigenous population and is inhabited by settlers and migrants
of different races, colours and cultures, the Committee is concerned at reports that:
(a)
The considerable number of Chagos Islanders who have been deprived of their
native land for almost 50 years, sustaining moral and ethical suffering amounting to inhuman
treatment, are still stateless because they have not been able to acquire Seychelles citizenship
despite residing in the State party for a long time;
(b)
Foreign workers may at times be subjected to ill-treatment, discrimination, bad
living conditions and sanitation, lower wages and non-payment of salaries, which may
amount to forced labour and inhuman treatment (arts. 3, 11, 12, 13, 14 and 16)
31.
The State party should:
(a)
Take effective legislative, administrative, judicial or other measures,
including accession to relevant international instruments, to prevent ill-treatment of
stateless persons, in particular of Chagos Islanders, by integrating and granting
citizenship to those persons who are entitled to it, including due to extended residence
in Seychelles;
(b)
Ensure that non-citizens do not suffer abuse and ill-treatment, including
with regard to living conditions and work related matters, and take vigorous steps to
prevent forced labour and ill-treatment;
(c)
Be encouraged to continue considering the ratification of the 1954
Convention relating to the Status of Stateless Persons and the 1961 Convention on the
Reduction of Statelessness, as stated by the State party in other United Nations bodies.
Universal jurisdiction and extradition treaties
32.
The Committee is concerned at the absence of specific legislation in the State party
that would enable it to establish universal jurisdiction over the crime of torture; at the absence
of information on whether bilateral and multilateral treaties adhered to by the State party
make torture an extraditable offence; and whether such treaties apply in case of crimes
enumerated in article 4 of the Convention (arts. 5, 8 and 9).
33.
The State party should take all the measures necessary to ensure the exercise of
universal jurisdiction over persons responsible for acts of torture; ensure that torture
is considered an extraditable offence in bilateral and multilateral treaties regarding
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