Submission to Committee on African Charter on Rights and Welfare of Child on Republic of Seychelles

This submission relates to the review of the Republic of Seychelles under the African Charter on the Rights and Welfare of the Child. This submission focuses on barriers to realizing the right to education, particularly the rights of pregnant girls and adolescent mothers, and the country’s efforts to protect education from attack during armed conflict.

Barriers to the Right to Primary and Secondary Education (article 11)

The Republic of Seychelles continues to face high rates of teenage pregnancy according to UN Population Fund data: 66 per 1000 girls and women ages 15-19 gave birth.[1] While the Seychelles has achieved gender parity in school enrollment and attendance, challenges remain as enrollment numbers begin to decrease between the primary and secondary level for both girls and boys.[2] Education for many girls suffers as a result of adolescent pregnancy.[3]

The Seychelles is among a number of African Union countries that have a policy or strategy that protects pregnant girls’ right to stay in school or resume education after birth, based on research by Human Rights Watch across all AU member countries.[4] The government has a Teenage Pregnancy Policy in place which it states it applies in cases where girls fall pregnant, allowing them to complete the academic year depending on the stage of their pregnancy, health, and class level.[5] The government also states it will make accommodations to ensure that youth can access reproductive health services, including steps to make such services are available outside of school hours.[6] However, Seychelles lacks an adolescent sexual and reproductive health policy.[7]

Human Rights Watch has found that governments that lack clear guidelines on the rights of students who are pregnant or are adolescent mothers and condition school re-entry procedures, can lead to irregular enforcement of education at the school level.[8] Further, a lack of awareness about re-entry policies among community members, girls, teachers, and school offices can contribute to thousands of students not continuing formal education.[9] Policies adopted by governments should ensure that pregnant students and young mothers are allowed to remain in school for as long as they choose, are able to resume their education free from complex processes for withdrawal and re-entry, and can complete their education with adequate social and financial support.[10]

Human Rights Watch recommends that the Committee asks the Seychelles government:

• What steps is the government taking to ensure girls at risk of dropping out are socially and financially supported?
• What steps is the government taking to tackle barriers that impede the retention of pregnant girls and adolescent mothers in school, including school fees and indirect costs?
• What policy or regulatory measures will the government adopt to fully support pregnant students and adolescent parents to return and remain in school, and ensure school compliance with government policies?
• What special accommodations are provided for young mothers at school, such as time for breast-feeding or flexibility when babies are ill?
• What programs are in place to ensure access to nurseries or early childhood centers close to schools?
• What school-based counselling programs are provided for pregnant girls and adolescent mothers?
• What measures is the government taking to ensure access to sexual and reproductive health services for youth?

Human Rights Watch encourages the Committee to make the following recommendations:

• Ensure that continuation or re-entry policies are compliant with international human rights standards that protect the right to primary and secondary education for pregnant girls and adolescent mothers; and monitor schools’ compliance with the policy;
• Guarantee that students who are pregnant, mothers and/or married students are able to continue their education after giving birth, without impediment or burdensome procedures, and ensure schools are free from stigma and discrimination;
• Address financial, procedural, and systemic barriers that inhibit adolescent mothers from continuing their education;
• Expedite the adoption of a national policy on adolescent sexual and reproductive health, as well as an action plan on sexual and reproductive health, and monitor its implementation;
• Ensure that adolescents have confidential access to modern forms of contraceptives and information on sexual and reproductive health rights.

Protection of Education During Armed Conflict (articles 11 and 22)

The Safe Schools Declaration is an inter-governmental political commitment that provides countries the opportunity to express political support for the protection of students, teachers, and schools during times of armed conflict; the importance of the continuation of education during armed conflict; and the implementation of the Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict.[11] The Seychelles endorsed the declaration in December 2019.

Human Rights Watch encourages the Committee to:

• Congratulate the Seychelles for endorsing the Safe Schools Declaration;
• Recommend that the government of the Seychelles implement the commitments of the Safe Schools Declaration, and share any good practices with other member countries of the African Union.