Seychelles: Campaign code of conduct

Updated May 2006

The Office of the Electoral Commissioner and registered political parties have agreed on a Code of Conduct ("Code") to be adhered to by political parties, their members and supporters in an election or referendum. The code is described by the Electoral Commissioner (2005, 5), Hendrick Gappy, as a "gentleman's agreement", meaning that it has no regulatory force and violations of the code are not punishable in any way, except through enforcement of ordinary legislation governing theft, public violence or vandalism, or the like. Where Code violations are also violations of the Penal Code, these are pointed out in the Code.

The contents of the code may be found in Commissioner Gappy's "Seychelles Paper" (2005, 5-9; see "Reference" below). The Code is unusually comprehensive and detailed and what follows here is an attempt to summarise its main provisions.

The Code declares its aims, by way of preface, thus: "This code of conduct is aimed at maintaining a peaceful atmosphere during an election or referendum campaign and on polling day". It has a twofold structure: The Code begins with general principles and provisions governing the campaigning process, and then follows with a schedule of more detailed provisions governing practicalities such as poster placement and the use of paint etc.

Campaigning principles and injunctions

The heart of the Code lies in the general principles numbered with Roman numerals:

Parties bind themselves to adhering to electoral laws and regulations, to assisting the authorities with their enforcement and in respecting each others rights ((i)-(iv)).
A good deal of stress is laid on a peaceful campaign environment and consequently an attitude of mutual respect and restraint in speech and behaviour. Thus, for example, parties are not merely required to refrain from violence but to "be vocal against violence" ((v)-(viii)).
" Freedom of expression and the rule of law are affirmed and corruption of voters prohibited (ix-xi, xvi).
The use of state transport for the ferrying voters to the polls is prohibited (xii-xiii).
Defence force members must vote in civilian clothes (xiv).
A prohibition is placed on campaigning on election day and restrictions placed on behaviour around polling stations (xv, xviii, xx-xxi).
Rumour mongering and the peddling of conspiracies is prohibited (xviii).
A modus vendi is laid down for the assistance of incapacitated voters (xix).

Detailed provisions

The detailed provisions, in a schedule numbered with Arabic numerals, may be summed up as follows:

Provisions detailing the use of bulletin boards are laid out; only boards may be used for displaying notices, boards may only be placed in certain areas, certain public boards may not be used and boards may only be placed 14 days prior to the elections and must be removed 14 days after the election etc (1.0). These apply to posters as well (4.0).
Rules guiding the use of cloth banners are set forth; they are to be preferred to pasted on posters, permission for erection must be obtained from the traffic authorities and they must be removed within 14 days after the election (2.0).
The use of paint to mark public property is banned and, in any case, illegal (3.0).
Campaign activists are enjoined to respect other people, as well as private and public property (5.0).
The principle of accessibility to electoral registers is established (6.0).

Reference

Code of conduct: Political parties

GAPPY, HP 2005 "Seychelles Paper", Improving the Quality of Election Management: A conference of Commonwealth Chief Election Officers, Commonwealth Secretariat and the Election Commission of India, New Delhi, 24-26 February, [www] http://www.thecommonwealth.org/shared_asp_files/uploadedfiles/26FE5665-74C4-45D0- 9FD5-4444EA6F7945_PaperbyMrGappyofSeychelles.pdf [PDF document, opens new window] (accessed 25 Oct 2007).