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Anti-Victimisation Committee

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ANTI-VICTIMISATION COMMITTEE

TERMS OF REFERENCE

 

  1. Introduction

1.1        The Anti-victimisation Committee is a Standing Committee created by virtue of a resolution of the National Assembly.

  1. Purpose

2.1        The Committee is mandated to hear and enquire into cases of victimisation. The principal aims of the committee are to:

  • resolve the complaints lodged before it; and
  • identify and recommend to the National Assembly the measures to be adopted to eliminate victimisation in Seychelles.

 

  1. Composition

3.1        The committee shall consist of Seven (7) members, which shall reflect the strength of the political parties represented in the National Assembly. The members of the Committee shall be appointed as per the constitution and the Standing Orders, except for the Speaker, who shall be an ex-officio member and Chairperson of the Committee.

 

  1. Functions and Powers

 

4.1        The core functions and powers of the committee are to:

  1. hear and determine cases of victimisation;
  2. conduct the necessary investigation into all such cases;
  3. prepare a comprehensive report for each and every case, which shall include the recommendations made;
  4. submit reports to the National Assembly, at quarterly intervals;
  5. communicate the Committee’s recommendations to the respective parties, Ministries, Agencies, private organisations etc., with the aim of resolving the complaints;
  6. enquire whether there has been compliance with the recommendations made by the committee; and
  7. request for any relevant files or documents from any offices or parties concerned.

 

4.2        The Committee shall also have the power to compel the attendance of persons to testify before it or to produce any relevant documents.

 

  1. Scope of victimisation

5.1        For the purpose of the committee’s mandate, victimisation shall be considered to be any action or omission causing any detriment to an individual or group of individuals-including the threat of such action or omission-committed without any legitimate basis.

  1. Meetings

6.1        The Committee shall meet every two weeks for its formal meetings. As regards to the scheduling of meetings for the investigation of individual cases, the Committee may schedule other meetings, as and when the necessity arises.

  1. Complaint Officer

7.1        It is imperative that a fulltime Complaint Officer is appointed to discharge the administrative works of the committee.

7.2        The Complaint Officer shall:

  1. receive the complaints lodged to the committee;
  2. prepare a dossier in respect of all such complaints and for that purpose carry out any necessary preliminary works;
  3. schedule meetings/hearings in respect of the cases, as per the directions of the Chairperson;
  4. convey a response to the relevant parties;
  5. at the request of the committee, inquire whether there has been compliance with the recommendations made by the committee; and
  6. comply with such other directives issued by the committee.

 

7.3        All documents required to be delivered to the committee shall be delivered to the Complaint Officer.

  1. Lodging of Complaints

8.1.       A complaint shall be lodged to the committee by:

  1. using the prescribed form; and
  2. delivering the complaint to the Complaint Officer.

 

  1. Procedures

9.1        As far as practicable, the following procedures shall be applicable in respect of all the complaints lodged to the committee:

  • notice of the complaint shall be served on the party or parties against whom the complaint is made (hereinafter the Respondents), together with a copy of the complaint, all connected documents and exhibits, after seven days of the lodging of the complaint but not later than 14 days thereafter;
  • the notice shall call upon each Respondent to appear before the committee at a date and time therein stated for the hearing of the complaint;
  • notice of the hearing shall also be served on the complainant;
  • the time fixed for the hearing shall not be earlier than seven days after the service of the notice;
  • if on the day fixed in the notice for the hearing or any other subsequent day to which the hearing of the Complaint is adjourned, when the complaint is called:
  1. neither party appears, the Complaint shall then be dismissed unless the Committee, for reasons to be recorded, otherwise directs;
  2. the Complainant appears but the Respondent does not appear or sufficiently excuse his absence, the Committee, may proceed to the hearing of the Complaint and may give a decision in the absence of the Respondent; or
  3. the Respondent appears and the Complainant does not appear or sufficiently excuse his absence, the Complaint shall be dismissed; and

 

  • a written decision containing the reasons and recommendations therein, shall be communicated to the parties within one month of the conclusion of the hearing.

 

9.2        Notwithstanding paragraph 9.1 and in respect of all other matters not provided for in the Rules of Procedure for Committees or in these Terms of Reference, the committee may regulate its own proceedings.

 

  1. Service of Summons/ Notice

10.1      A Summons or Notice for attendance or for the production of any document, before the committee shall be signed by the Complaint Officer.

10.2      Service of Summons or Notice on the person addressed therein, shall be effected by:

  • delivering or tendering a copy thereof to the person personally; or
  • sending a copy thereof by registered post to the business address or home address, of the person.

 

  1. Appearance of Parties

11.1      All parties shall appear and be represented in person, before the Committee.

 

  1. Time Limitation

12.1      All complaints arising prior to the approval of these Terms of Reference by the National Assembly (hereinafter the Approval Date), shall be lodged within six (6) months from the Approval Date.

12.2      All complaints arising after the approval date, shall be lodged within six (6) months from the date of the occurrence of the alleged victimisation.

Provided Always the committee shall not hear complaints arising more than 5 years prior to the Approval Date.

 

  1. Withdrawal of Complaint

 13.1      The Complainant shall have the right to withdraw his/her complaint within seven days of the lodging of the complaint.

13.2      Provided Always:

  • despite the withdrawal of the complaint, the committee shall keep for its records, a copy of the complaint and all the connected documents thereof; and;
  • in the event of the Complainant reinstating his/her complaint, the Committee shall have the right to refer the original complaint and connected documents.

 

  1. Exclusion of cases

14.1      The committee shall not hear a complaint which:

  • is based on the same facts as a matter, which is pending before any Courts, Tribunals, Ombudsman or the Public Service Appeal Board;
  • is based on the same facts as a matter, which has previously been heard and determined by any of the above-mentioned authorities;
  • is frivolous, vexatious or trivial or not made in good faith; or
  • the complainant does not have sufficient interest therein.

 

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