Domestic Courts’ Reliance on International Law to Interpret the Charter of Rights and Freedoms and/or other Domestic Law in the Seychelles

Abstract

Unlike the Constitutions of some African States such as Kenya, South Africa, Zimbabwe and Comoros, the Constitution of Seychelles is silent on the status of international law (both treaty law and customary international law) in the Seychelles legal system. However, Article 48 of the Constitution requires courts to, inter alia, ensure that the Charter of Rights and Freedoms (the Charter) is ‘interpreted in such a way so as not to be inconsistent with any international obligations of Seychelles relating to human rights and freedoms.’ Article 64(4) of the Constitution provides that for Seychelles to be bound by a treaty, such a treaty has to be ratified by Parliament. In this article, the author illustrates how Seychelles courts (the Supreme Court, the Constitutional Court and the Court of Appeal) have applied or interpreted Articles 48 and 64 of the Constitution. The author submits, inter alia, that there is room for the argument that Seychelles courts may also refer to treaties which have not been ratified by Seychelles when interpreting the Charter of Rights. It is also argued that for courts to refer to a treaty when interpreting the Charter, there is no requirement for such a treaty to have been domesticated in Seychelles. It is argued further that in the absence of a constitutional provision to the contrary, customary international law is part of Seychelles law.