AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
ommission Africaine des Droits de l’Homme & des
African Commission on Human & Peoples’
euples
Rights
No. 31 Bijilo Annex Lay-out, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia Tel: (220) 441 0
05 /441 05 06, Fax: (220) 441 05 04 E-mail: au-banjul@africa-union.org; Web www.achpr.org
REPORT OF THE HUMAN RIGHTS PROMOTION MISSION TO THE REPUBLIC OF
SENEGAL
BY THE HONOURABLE COMMISSIONER MAYA SALHI FADEL
FROM 14 TO 21 SEPTEMBER 2015
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ACKNOWLEDGEMENTS
The African Commission on Human and Peoples’ Rights (the Commission) expresses its
appreciation to the Government of the Republic of Senegal for accepting to host the human
rights promotion mission conducted by a delegation of the Commission from 14 to 21
September 2015.
The Commission extends its sincere gratitude to the Highest Authorities of the State for
providing the Delegation with the necessary means and making available the required
personnel for the smooth conduct of the mission.
It would particularly like to thank the Minister of Foreign Affairs and Senegalese Abroad
and his staff for their support in organizing the various meetings to ensure a successful
conduct of the mission.
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ACRONYMS AND ABBREVIATIONS
AJS
Association des Femmes Juristes Sénégalaises / Association of Senegalese
Women Lawyers
CDEPS
Conseil des diffuseurs et des éditeurs de presse du Sénégal / Council of media
broadcasters and editors of Senegal
CDPJ
Convention de jeunes reporters du Sénégal / Convention of young reporters
of Senegal
CENEF
Centre National d’Assistance et de Formation pour la Femme / National
Women’s Assistance and Training Centre
CEPS
Studies, Planning and Monitoring Unit
CONSERE
Higher Council on national resources and the environment
CORED
Conseil pour l’observation des règles d’éthique et de déontologie / Council for
compliance with ethical and professional rules
CREI
Cour de Répression de l’Enrichissement illicite / Court dealing with illicit
enrichment
CRNA
Comité pour la défense et la protection des journalistes et le Conseil réglementaire
national d’audiovisuel / Committee for the defense and protection of
journalists and the National Broadcasting Regulatory Council
FGM
Female Genital Mutilation
HCR
Office of the High Commissioner for Refugees
ICRC
International Committee of the Red Cross
IGAJ
Inspection Générale de l’Administration de la Justice / Office of the InspectorGeneral for Justice Administration
LGBTI
Lesbian, gay, bisexual, transgender and intersex
UNICEF
United Nations Children’s Fund
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PART ONE
I.
INTRODUCTION
1. The African Charter on Human and Peoples’ Rights (the African Charter), adopted on 21
June 1981 by the Assembly of Heads of State and Government in Nairobi, Kenya, became
effective on 21 October 1986. Articles 30 et seq establish the African Commission on
Human and Peoples’ Rights (the Commission) thereby making it the main organ of the
African Union (AU) for the promotion of human rights.
2. Under Article 45 of the African Charter, the Commission is mandated to promote human
rights and fundamental freedoms enshrined in the Charter, ensure their protection,
ensure the monitoring of its implementation, interpret its provisions and provide legal
advice at the request of the Assembly of Heads of State and Government. In addition, the
Commission is tasked with collecting documents, undertaking studies and researching on
African problems in the area of human and peoples’ rights, organizing seminars,
symposia and conferences, disseminating information, encouraging national and local
institutions dealing with human and peoples’ rights and, where appropriate, giving
advice or making recommendations to governments.
3. It is in the context of the implementation of this mandate that Honourable Commissioner
Maya Sahli Fadel, Special Rapporteur on refugees, asylum seekers, internally displaced
persons and migrants in Africa and Commissioner in charge of human rights promotion
activities in the Republic of Senegal, led a human rights promotion mission to Senegal.
The Commissioner was accompanied by a legal officer of the Secretariat to the
Commission.
4. This report also takes into account information provided by the delegation of Senegal
during the presentation of its combined periodic reports (8th, 9th, 10th and 11th), in
accordance with Article 62 of the African Charter, at the 56th Ordinary Session of the
African Commission on Human and Peoples’ Rights (the Commission), held from 21
April to 7 May 2015 in Banjul (The Gambia), as well as the last developments occurring
between the time of the mission and the adoption of the report.
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II.
TERMS OF REFERENCE
5. The objectives of the mission were as follows:
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Promote the African Charter, the Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Women (Maputo Protocol) and all the other
regional and international human rights legal instruments;
Strengthen relations between the Commission and Senegal in the area of the
promotion and protection of the rights guaranteed by the Charter and the other
relevant national, regional and international legal instruments;
Hold discussions with the Government of Senegal on the legislative and other
measures taken to give full effect to the provisions of the African Charter, the
Maputo Protocol and the other ratified instruments;
Share views and experiences with the Government of Senegal and the other
human rights stakeholders in the country on strategies to improve the enjoyment
of these rights;
Gather as much relevant information as possible on the situation of women and
children and take note of best practices, affirmative action measures and, where
necessary, the persistent challenges;
Gather information on the situation of refugees, indigenous populations, older
persons and people with disabilities in Senegal;
Assess the level of enjoyment of economic, social and cultural rights of citizens of
Senegal, as well as measures taken by the Government to implement these
rights;
Gather information on the situation of human rights defenders in the Republic of
Senegal and, where necessary, make the various stakeholders to understand the
challenges faced in the effective enjoyment of their human rights;
Share views and gather information on the extractive industries sector and assess
the impact of extractive industries on the lives of the population and the
environment;
Gather information on the issue of HIV/AIDS and inquire about the measures
and policies introduced by the Government to prevent the pandemic and to
protect the rights of people living with HIV and those at risk, vulnerable to, and
affected by the disease;
Meet with all human rights stakeholders to, among others, hold discussions on
their programmes, their assessment of the human rights situation in the country
and the challenges faced in the conduct of their activities;
Visit prisons and other detention centres in order to learn about the detention
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conditions of prisoners.
III.
HISTORICAL, GEOGRAPHICAL AND INSTITUTIONAL BACKGROUND
OF THE REPUBLIC OF SENEGAL
6. The Republic of Senegal is in West Africa and covers a surface area of 196,722 km2,
97.9% of which is land and 2.1% water. It shares borders with Mauritania to the
north, Mali to the east, Guinea and Guinea-Bissau to the south, and The Gambia to
the west. It also has a 500 km-long coastline bordering the Atlantic Ocean. Its capital
is Dakar and its population is estimated at 14.125 million inhabitants (2014). The
official language is French and the local currency CFA francs. Senegal is a member
of the Economic Community of West African States (ECOWAS). The country is
divided into 14 administrative regions and 45 departments. This administrative
organisation is currently being revised within the framework of the Third phase of
the Decentralization Act.
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Historical overview
7. In the collective mind, Senegal is considered a “showcase of democracy in Africa”. It is
indeed regarded as one of the most stable post-colonial democracies in the
continent. It is the only country in Africa that has not experienced a coup d’état or a
civil war since its independence.
8. Since its independence, Senegal has had only 4 presidents, namely Leopold Sédar
Senghor (1960-1983), Abdou Diouf (1983-2000), Abdoulaye Wade (2000-2012) and
the incumbent Macky Sall (2012 to date). Although it has been through some
challenging periods, in particular the Casamance conflict (1980-2004), the stability of
Senegal remains a reference in Africa. In 1974, Léopold Sédar Senghor was the first
African Head of State to open up the political sphere by introducing pluralism
through openness to the multi-party system in a structured and controlled
environment. When he vacated the office in 1980, his Prime Minister, Abdou Diouf,
took over the reins.
9. Following the 1988 presidential elections, Diouf elected with 73% of votes, had
Abdoulaye Wade, his main opponent arrested, accusing him of violence during the
elections. Sentenced to one year in prison, the latter went into exile in France and
returned in 1990. In March 1991, the Senegalese National Assembly approved the
participation of opposition parties in the Government, and Wade was appointed
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Prime Minister. He again stood for elections against Diouf in the February 1993
presidential elections during which Abdou Diouf was re-elected for a third term of
office with 58% of votes and 32% for Abdoulaye Wade. These elections were
conducted against the backdrop of violent demonstrations in Casamance.
10. The devaluation of the CFA franc in 1994 exacerbated social tension which
degenerated into violent demonstrations in Dakar leading to the arrest of Wade. He
was released in May that year. In 1998, there was a split in Diouf’s Socialist Party
and a new party, Democratic Revival, was created by Djibo Ka and won 11 seats
during the parliamentary elections of that year. It was in 2000 that Wade finally won
the presidential elections against Diouf with 58.49% of votes in the second ballot
following an alliance with Moustapha Niasse, former senior member of the Socialist
Party and Minister of Foreign Affairs. Diouf acknowledged his defeat and after
being sworn in, Wade appointed Moustapha Niasse as Prime Minister.
11. It was under President Wade that Senegal joined the ranks of the few African
countries with a woman as Prime Minister when on 3 March 2001 Mame Madior
Boye replaced Moustapha Niasse. In addition to the Casamance conflict which
resulted in numerous casualties, one of the greatest tragedies in Senegalese history is
undoubtedly the sinking of the ferry “Le Joola” on 26 September 2002 off the
Gambian coasts killing nearly 3,000 people.
12. In 2012, despite his candidacy being considered as unconstitutional, which sparked
protests and resulted in loss of life following demonstrations by opposition parties
and civil society, Abdoulaye Wade ran for a third term of office. He however lost to
his former Prime Minister, Macky Sall, who won with 65.8 % of votes in the second
ballot.
II.
Human rights situation
13. The human rights situation in Senegal is, on the whole, rather satisfactory. Though
many challenges still remain to be addressed in various areas, Senegal has made
progress in terms of freedom of press. According to Reporters without borders in
their 2016 report, Senegal’s press freedom index went from 27.77 to 27.99 in an
African continent where journalists seem to increasingly suffer from violations of
press freedom. The Constitution guarantees freedom of the press and regulatory
bodies have been established including the Council for compliance with ethical and
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professional rules (CORED), an independent regulatory body, the Council of media
broadcasters and editors of Senegal (CDEPS), which includes radio, print and online
media, the trade union of professionals in the information and communication
sector in Senegal, the Convention of young reporters of Senegal, the Committee for
the defence and protection of journalists (CDPJ), and the National Broadcasting
Regulatory Council (CRNA).
14. On another note, Senegal has been particularly characterized over the past years by
the presence of a large number of child beggars on the streets of its capital, Dakar.
Following the many condemnations and appeals of various stakeholders, and
human rights organs in particular, to put an end to this situation, especially in light
of the increasing number of cases of child exploitation due to their heightened
vulnerability, the Government recently decided to remove all street children after
the month of Ramadan in 2016. Greater efforts still need to be deployed, in
particular to implement laws adopted in the fight against female genital mutilation
and violence against girls. Senegal must also accelerate the adoption process of the
draft Children’s Code, which has been submitted to the National Assembly and the
Economic, Social and Environmental Council (CESE), in order to provide enhanced
protection for children in Senegal.
15. In terms of women’s rights, there has been significant improvement at the legal and
institutional level, but lack of implementation remains a key challenge and tarnishes
progress made. Senegal has ratified several international treaties, conventions and
protocols, but many of the rights vested in women are still “theoretical” due to the
gap between these international instruments and domestic laws. Thus, sanctions for
offences and other violations of women's rights are not applied as a result of the
“lack of collaboration” of certain judicial and extrajudicial actors, the lack of
supervisory bodies and watchdogs, ignorance of these rights by men and women
themselves as well. Furthermore, social, psychological and cultural resistance is also
an impediment because it is difficult to change perceptions; current legislation has
progress faster than the society.
B- Legal framework
a) Ratified human rights instruments
9. The Republic of Senegal has ratified the following major international and regional
instruments:
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International:
− ILO Equal Remuneration Convention, 1951 (No. 100), ratified in 1960,
− ILO Convention on discrimination (employment and occupation), 1958 (No.
111), ratified on 13 November 1967
− International Covenant on Economic, Social and Cultural Rights (ICESCR),
ratified on 13 February 1978
− International Covenant on Civil and Political Rights, ratified on 13 February
1978
− Optional Protocol to the International Covenant on Civil and Political Rights,
ratified on 13 February 1978
− UN Convention for the Suppression of the Traffic in Persons and of the
Exploitation of the Prostitution of Others, ratified on 19 July 1979
− Convention on the Elimination of all forms of Discrimination Against women
(CEDAW), ratified in 1985
− Convention against Torture and other cruel, inhuman or degrading treatment
or punishment, ratified on 21 August 1986
− Convention on the Rights of the Child, ratified on 31 July 1990
− Protocol to the Convention on the Elimination of all forms of Discrimination
Against women, ratified in 2001
− UN Protocol to prevent, suppress and punish trafficking in persons, especially
women and children, ratified on 27 October 2003
− UN Convention on the Rights of Disabled Persons, adopted on 13 December
2006, ratified on 7 September 2010
Regional
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OAU Convention governing the Specific Aspects of Refugee Problems in Africa,
ratified on 21 May 1971
African Charter on Human and Peoples’ Rights, ratified on 13 August 1982
African Charter on the rights and welfare of the Child, ratified on 29 September
1998
Protocol to the African Charter on Human and Peoples’ Rights establishing the
African Court on Human and People’s Rights, ratified on 30 October 1998
Protocol to the African Charter on Human and Peoples’ Rights on the rights of
women, ratified on 2 December 2004
Youth Charter, ratified on 20 October 2009
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b) Fundamental pieces of legislation
10. The Constitution of 22 January 2001, currently in force, is the fourth Constitution of
Senegal following those of 1959, 1960 and 1963. It was adopted subsequent to the
constitutional referendum of 7 January 2001 during which 94% of “yes” votes were
cast. It enshrines basic rights and principles such as the sanctity of human life, the
right to life, freedom, security and integrity of the individual, prohibition of torture,
abuse and inhuman, cruel, humiliating or degrading treatment, the principle of nondiscrimination and equality before the law, the right to a fair trial and civil and
political rights.
11. Senegal has adopted a series of laws and codes including:
- Organic law n° 2012-23 of 27 December 2012 repealing and replacing organic law
n° 99-70 of 17 February 1999 on the Court of Auditors
- Law n° 2011-01 of 24 February 2011 on the Telecommunications Act
- Law n°2011-07 of 30 March 2011 on Land tenure
- Social Policy Act N° 2010-15 of 6 July 2010 on the empowerment and protection
of persons with disabilities
- Law n° 2010-03 of 9 April 2010 on HIV/AIDS
- General Law n° 2008-36 of 8 August 2008 amending general law 92-26 of 30 May
1992 on the organization and functioning of the Higher Council of the Judiciary
- Law n° 2006-04 of 4 January 2006 on the creation of the National Broadcasting
Regulatory Council (CNRA)
- Law n° 2004-06 of 6 February 2004 on the Investment Code
- Law n°98-05 of 8 January 1998 on the Petroleum Code
- Law n° 98-32 of 14 April 1998 on the Code of Maritime Fisheries
- Law n° 98-164 of 20 February 1998 on the Forestry Code
- Law n° 96-03 of 26 February 1996 on the Environment Code
- Law n° 96-06 of 22 March 1996 on the Local Government Act
- Law n° 73-37 of 31 July 1993 on the Social Security Act
- Law n°88-05 of 22 June 1988 on urban planning
- Law n° 87-47 of 28 December 1987 on the Customs Act
- Law n° 81-13 of 4 March 1981 on the Water Code
12. In addition to the modifications made to the Family Code adopted in 1972,
Senegalese authorities revised the contents of several legislative and regulatory texts
to reflect their treaty commitments, particularly towards women:
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Law No 1999-05 of 29 January 1999 which increased punishment of offences such
as rape, female genital mutilation, indecent assault, incest and sexual harassment
Law No 1982-019 of 22 January 1982 on access to certain military and
paramilitary agencies for women (Armed Forces, Customs, Civil Aviation)
The Penal Code. Law of 24 January 2004 on punishment of violence against
women at home and in the society
The Labour Code to protect women during maternity
The Social Security Act, to ensure medical coverage through the woman of her
husband and children
The General Tax Code (Law No 2008-01 of 8 January 2008 amending certain
provisions of the Tax Code) which abolishes joint taxation of the couple and
hence grants the wife complete fiscal autonomy
Law No 2010-11 of 28 May 2010 instituting full parity between men and women
in all totally or partially elective institutions
Decree nr. 2006-515/PR of 9 June 2006 on access for women to the gendarmerie
Decrees 2006-1309 and 1310 of 23 November 2006 establishing respectively that a
female civil servant and a female salaried worker in the private sector is able to
include her husband and children in her medical plan
c) Institutions of the Republic
13. Senegal is a secular and democratic country. Equality of all citizens before the law,
regardless of origin, race, sex and religion is guaranteed, as well as respect for all
religious faiths. The Republic of Senegal’s political system consists of a multi-party
presidential system in which the President is the Head of State and the Prime
Minister the Head of Government. Executive power is within the hands of the
Government whereas legislative power is shared between the Government and the
Parliament.
14. The Judiciary is independent. It consists of a single legal system and obeys the
principle of the right of appeal. The Constitutional Council verifies the
constitutionality of laws as well as that of the rules of procedure of assemblies, the
regulatory nature of legislative provisions, the constitutionality of organic laws, the
admissibility of draft laws and amendments proposed by the National Assembly,
the constitutionality of international commitments and exceptions of
unconstitutionality.
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15. There is also an Office of the Ombudsman, an independent authority, which
receives complaints relating to the functioning of the Administration, local
governments, public institutions and other agencies entrusted with a public service
mission.
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PART TWO
I.
METHODOLOGY AND CONDUCT OF THE MISSION
16. The mission was conducted in the form of interactions and meetings in Dakar with
the highest authorities and the different stakeholders involved in the promotion
and protection of human rights.
17. At each of these meetings, Honourable Commissioner Maya Sahli Fadel,
commenced with a brief presentation of the African Commission on Human and
Peoples’ Rights (the Commission), its composition, mandate, functioning and special
mechanisms. She recalled the last presentation made by Senegal of its combined
periodic reports (8th, 9th, 10th and 11th) at the 56th Ordinary Session of the
Commission held from 1 to 17 December 2015 in Banjul (The Gambia).
18. . She then presented the objectives of the mission and specified that it was her
intention to note and share existing best practices in areas relevant to the mission,
identify persisting difficulties and obstacles, and make appropriate
recommendations.
19. The Honourable Commissioner also visited a modern “daara”. During the mission,
the Honourable Commissioner shared publications and working documents of the
Commission with authorities and stakeholders met. Despite making the request, the
Commissioner could not visit a prison or detention centre.
II.
MEETINGS CONDUCTED BY THE HONOURABLE COMMISSIONER
A. MEETINGS WITH STATE AUTHORITIES
Meeting with the Vice-Secretary General of the Ministry of Foreign Affairs and
Senegalese Abroad
20. The Honourable Commissioner was received by the Vice-Secretary General. He
apologized on behalf of the Minister who could not attend because of other
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commitments. He emphasized Senegal’s determination to fully cooperate with the
African Commission on Human and Peoples’ Rights in the implementation of its
mandate and in particular, the implementation of instruments and conventions
ratified by his country as well as the decisions of human rights bodies, including the
Commission, to the extent possible.
21. Discussions also focused on the general situation of human rights in the country and
challenges faced by authorities in the conduct of their activities, especially in their
efforts to promote and protect human rights.
22. The Commissioner again congratulated Senegal for the presentation of its combined
periodic reports and encouraged Senegal to implement recommendations contained
in the concluding observations adopted by the Commission in this regard.
Meeting with the Secretary General and Deputy Director of the Ministry of
Justice
23. The Honourable Commissioner met with the Secretary General and Deputy Director
of the Ministry of Justice to discuss the state of the justice system in Senegal.
Discussions focused on community justice, organization of the Judiciary including
reforms undertaken in this regard, training of magistrates and the judicial map, the
trial of Karim Wade and the trial of Hissene Habré.
24. The Ministry of Justice supervises several bodies including the Office of the
Inspector-General of Administration of Justice (IGAJ) in charge of permanently
overseeing services and bodies under the authority of the Ministry of Justice and
judicial courts except for the Supreme Court, and the Judicial Training Centre which
is responsible for pre- and in-service training of magistrates, clerks and other
members of the Judiciary. The National Human Rights Advisory Council, which
coordinates the preparation and presentation of Senegal’s periodic reports and other
documents prepared by the Government to be submitted to regional and
international bodies monitoring human rights and international humanitarian law.
25. There is also the National Observatory of places of deprivation of liberty whose role
is to oversee conditions for the transfer of persons deprived of liberty to ensure
respect of their basic rights and prevent torture and other cruel, inhuman or
degrading treatment or punishment. Lastly, there is the Anti-Trafficking in Persons
Unit which acts as a watchdog against human trafficking, alerts prosecuting
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authorities of all human trafficking cases brought to its attention and establishes
regional structures to combat human trafficking. It also consults with civil society
and development partners in the conduct of its actions and programmes and
proposes amendments to legislative or regulatory texts with a view to improving
laws on human trafficking.
26. The justice system in Senegal is based on an ordinance of 1962, reformed in 1984.
The judicial system includes a Supreme Court, a Court of Appeals, regional Courts,
Courts of First Instance formerly with justices of the peace, now referred to as
departmental judges. A reform of the organic Law in 1992 established the Court of
“Cassation”, the State Council, the Constitutional Court and the Court of Auditors.
In 2008, a new reform incorporated the Court of “Cassation” and the State Council
into the Supreme Court and the Court of Auditors was given a new statute and is
now under the authority of the Ministry of Finance.
27. In 2014, the “community justice” system was introduced in the form of a “house of
justice” which proposes an alternative way to settle disputes. There are currently 14
houses of justice established on the basis of specific geographical criteria. The State
plans to establish 24 houses of justice in all with the support of the European Union.
Furthermore, six (6) additional courts of appeal were created, five (5) of which are
operational, particularly those in Dakar, Saint Louis, Thiès and Kaolack. The
foundation stone was laid in Tambacounda whereas construction is almost complete
in Ziguinchor. As part of efforts to implement the community justice system,
regional courts became Courts of First Instance to facilitate the establishment of
other courts in the regions as required.
28. There is also a Children’s Court within each Court of First Instance. It is presided by
specialized magistrates. Measures were also taken in relation to “guardianship”
which consists of placing one’s child under the responsibility of a third party,
relative or friend, so that the latter may take care of the child’s education. Indeed,
the absence of regulation relating to this custom has led to numerous abuses and has
greatly contributed to the large number of street children.
29. There is a legal aid service financed by the State through a fund which was credited
with 100 million in 2010 and 350 million in 2014. It is expected to be increased to 700
million. This fund is managed by the Bar association with only one obligation, that
of submitting a quarterly report to the Ministry on the management of the fund.
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However, utilization of the fund should be reconsidered, especially with regard to
the protection of victims and their access to justice (women in particular).
30. Discussions are underway on the establishment of a magistrate’s school to
supplement the existing training centre. The Judicial Training Centre offers a 2-year
programme alternating between theory and practical training and also proposes inservice training. The curricula include training on human rights. A reform of the
Penal Code is on-going and provides for the possibility of imposing criminal
sanctions for early marriages. Indeed, the legal age for marriage is 18 years for boys
and 16 for girls (art 572), however there are no legal provisions regarding consent.
31. The Family Code includes provisions based on Muslim law particularly in matters
relating to inheritance, however, the application of Sharia is not automatic unless the
deceased had indicated so in writing while alive. Otherwise common law will be
applied. Regarding rights arising out of marriage, the law limits the effects of
Muslim customary marriage if it has not been transcribed in the Civil Registry (a
registered marriage differs from a celebrated marriage).
32. Concerning the case of Karim Wade, the Secretary General stated that the case was
conducted in accordance with the law and that contrary to what might have been
said, the Court dealing with illicit enrichment (CREI) had not been re-established for
the sole purpose of trying Karim Wade but is still functional and currently working
on other cases. Regarding the trial of the former President of Chad, Hissène Habré,
and the fact that he was brought by force following his refusal to appear before the
Court, the Secretary General stated that the Senegalese Code of Criminal Procedure
allows the judge to order the accused be brought in by force. He added that the trial
was going on as planned. 1
Meeting at the Ministry of the Interior
33. The Commissioner met with the Deputy Secretary General of the Ministry and
discussed issues relating to freedom of association, assembly and the registration of
associations. Associations are governed by the Code of civil and commercial
obligations and delivery of registration certificates was decentralized to the level of
governors and prefects. However, associations operating at a national scale have to
register with the Ministry. Political parties are governed by the 1981 Law and only
1 Karim Wade was released on 23 June 2016 following a presidential pardon
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the Ministry is authorized to deliver registration certificates. There are currently just
over 250 registered political parties for 15 million inhabitants.
34. There are over 20,000 associations and none of them receive State subsidies. They
are required to submit reports to the Ministry. Some submit meeting reports,
especially in the event of change in the bureau, but the majority do not present their
reports. Senegalese law makes a distinction between common law association and a
Non-Governmental Organization (NGO). To achieve NGO status, an association
must be in operation for at least 2 years. Moreover, NGOs are required to obtain
accreditation and cannot operate on the basis of a declaration.
35. Freedom to demonstrate is subject to satisfaction of the declaration requirement and
exceptional cases must be duly justified. Out of 814 requests, 804 were authorized
and the remainder rejected on grounds of procedural errors. Police officers receive
training on human rights incorporated in a module taught at the Police Academy.
This is conducted in collaboration with NGOs. There is only one Police Academy,
which offers 2-year training programmes. Gendarmes and police officers who
commit offences are sanctioned. Senegal applies the principle of equal access to the
profession, but in order to increase the number of women in law enforcement
agencies, positive discrimination is applied.
Meeting at the Ministry of Health
36. Issues discussed during this meeting focused on free healthcare, easy access to
health facilities for populations, abortion, the fight against HIV/AIDS and
specialization of physicians.
37. Free healthcare was introduced for children under 5 years as well as health coverage
for persons with disabilities and persons older than 60 years. The key challenge is
the stabilization of resources available for healthcare. There is a huge deficit of
specialized doctors in the health sector. A training plan for specialized doctors was
developed in collaboration with universities in order to meet the demands of the
new health policy guidelines and strengthen emergency services. The recruitment of
midwives and paramedical staff is also planned. However, there are very few
grants for speciality training available.
38. In light of the fact that doctors occupy positions in both the private and public
sectors, a project on the development of public health is currently being prepared to
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address this issue. Monitoring of private hospitals will be enhanced in particular
with regard to medical errors. Private clinics are indeed often reluctant to provide
information in this regard. The Government is planning to revise the terms of
reference of private clinics in order to make this an obligation. Traditional medicine
is also being organized.
39. The Government is working to ensure that health facilities are close to populations.
Currently, there are 37 national hospitals mainly located in Dakar. Campaigns to
promote community-based health insurance schemes are conducted to ensure the
effective implementation of free healthcare programmes and family welfare grants
are distributed to poor people by the State. For others, the Government partially
covers their healthcare costs through premium payments made to community-based
health insurance schemes.
40. There is strong opposition regarding therapeutic abortion, and the involvement of
religious leaders in the discussion was proposed in order that they may accept the
principle. Discussions were underway for the approval and adoption of a law in this
regard. The 2010 Law on HIV/AIDS established a legal framework for the overall
management of infected or affected persons and for HIV/AIDS prevention with the
aim of stopping the spread of HIV/AIDS, eliminating all forms of stigma and
discrimination against persons infected or affected by HIV/AIDS and promoting
positive attitudes towards these persons. The HIV/AIDS programme is in charge of
distributing Anti-Retrovirals (ARV). The epidemic is mainly concentrated in the
southern part of the country, in particular at border areas with The Gambia.
Meeting at the Ministry of Mines and Industry
41. During the meeting, issues relating to the regulation of mining concessions in
Senegal, safeguarding of the rights of populations, preservation of the environment
and child labour in the mining industry were discussed. The Commissioner was
informed that mining activities were governed by the 2003 Mining Code which is
currently being revised. Challenges being faced regarding the attribution and
demarcation of quarries were also highlighted. There is indeed a certain distance to
be respected between quarries and residential areas, but because of the interest
generated by this activity, many do not comply with these distances required by the
State and residential areas are moving closer to quarries.
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42. Regarding the displacement of populations for mining purposes, the Minister
informed that this was conducted based on negotiations with the populations as was
the case with populations in Thies for phosphate mining. Negotiation is the
preferred method even where texts exist. On the issue of child labour in gold-mining
areas, this is often done with the complicity of parents especially in quarries
managed by private individuals. Gold washing is indeed a very sensitive area and
as a result of its huge economic benefits, many young people prefer to engage in
such activities rather than go to school. The Government has nonetheless put in
place safety control mechanisms including a card system for gold washers and the
setting of limits for digging.
43. The Government is trying to develop other alternative activities such as fish
farming and agriculture in order to deter young people from gold washing. It is also
taking measures to put an end to child labour. Other measures have been taken to
fight against environmental degradation caused by the utilization of prohibited
products by gold washers. Furthermore, the Government requires companies to
rehabilitate sites they are exploiting through the establishment of a rehabilitation
fund to which all mining companies must pay a deposit. This is yet to be fully
effective but is on the right track. The Government is planning to retake control of
certain mining operations with the establishment of the Department of Prospection
which will be in charge of such operations taken over from multinationals.
Meeting at the Ministry of Education
44. Issues discussed during this meeting were mainly related to the quality of
education, equal access to education and the reform of “daaras”. Regarding the
quality of education, the Minister informed that an education sectoral programme
had been introduced and that the main focus of this programme, which covered the
2013-2015 period, was to improve training, enhance the quality of teaching and
learning, ensure equal access to education by reducing disparities (gender,
economic, status, etc.) and ensure transparency in the governance of the system.
Concerning the education of girls, a directive of the Ministry of Education instructs
that girls remain in school even when pregnant.
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45. Considerable progress has been noted regarding existing disparities between the 5
regions of Senegal in terms of education. UNESCO is providing support to afterschool programmes for children living on the outskirts and 13,950 hence benefitted
from these programmes in 2015. Elementary school education is free. School fees for
middle and secondary schools are set by parent-teacher associations and vary
between 3,000 and 10,000 CFA francs but cannot exceed this latter amount. Also,
teachers are no longer recruited based on a middle school leaving certificate (BFM,
BEPC) but rather a high school leaving certificate and candidates must attend a
training programme. Middle school teachers must hold an associate degree and
attend training at the Teacher Training College now referred to as the Faculty of
Education and Training Science and Technology (FASTEF), and high school teachers
must hold a masters and attend a two-year training programme at FASTEF.
However, challenges still remain such as satisfying the requirements of special
needs children who are often put in classes with the others without consideration of
their disabilities. In this regard, a visually-impaired person was recruited by the
Ministry to address the issue of inclusive education.
46. Regarding the issue of “daaras”, given that Senegal is a secular State, the
Government exercised no control on the education system of Koranic schools, and
hence certain violations observed. In order to avoid discrimination against children,
the Government has initiated a reform process to modernize Koranic schools and
ensure adoption of a law on the status of Koranic schools. This process has however
met with some opposition. The normative framework which will be put in place
prohibits begging and hence the resistance towards adoption of the law. An ad hoc
committee was thus set up to work on eradicating begging. The Government has
adopted incentive measures and a mapping of “daaras” is currently being
conducted to determine which schools will benefit from these measures. Indeed, 100
Koranic schools will receive subsidies based on a convention, and 140 modern
Koranic schools will be constructed with the support of the Islamic Bank.
Meeting at the Ministry of the Environment
47. During her meeting with the Secretary General of the Ministry, the Commissioner
enquired about the various initiatives and measures adopted by Senegal to address
issues relating to the preservation of the environment. Senegal, within the context of
its “Emerging Senegal” programme, has adopted an environmental policy which
consists of conducting community-based actions. It is a key policy which will
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improve the general knowledge base on issues relating to the environment. There is
also the establishment of an environmental monitoring centre which has a hotline
(1211) for environment-related emergencies, a programme on the conservation of
biodiversity, a plan to combat pollution and a climate change programme focusing
on the reduction of greenhouse gases.
48. Key environmental challenges faced by Senegal mainly relate to deforestation and
desertification. In this regard and within the framework of its reforestation policy,
Senegal is part of the green wall project which stretches to Djibouti. Implementation
of this project is quite well advanced. Other programmes include waste
management and the transformation of villages into eco-villages.
49. The Government, in collaboration with France, is also implementing a programme
to combat coastal erosion (particularly following the destruction of over 180 homes
in Thiès). A sea wall was constructed in Rufisque.
50. Marine protected areas are also being developed to help fight against erosion.
Furthermore, the Environment Act requires extractive industries to conduct
environmental assessments to measure project impact on the environment.
51. Senegal has also developed an environmental and social management plan which
helps to manage population displacements and their impact on the environment.
There are other initiatives include the adoption of the law prohibiting the use of
plastic bags in July 2015, which entered into force in January 2016, the
environmental education programme in schools, the establishment of an
environmental education unit within the Ministry which works in collaboration with
the Ministry of Education for the integration of environmental issues in the national
curricula. Private schools have already incorporated this theme in their curricula.
Environmental clubs have also been introduced in schools to familiarize students
with issues relating to environmental protection. Another programme, conducted in
collaboration with the Ministry of Youths, organizes trips to the northern part of the
country for young people during vacation periods to participate in tree-growing
activities within the context of the great green wall project. All of these initiatives
supplement Senegal’s environmental policy.
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Meeting at the Ministry of Women’s Empowerment
52. The Commissioner met with directors and representatives of various departments
and institutions in charge of women and children’s rights and working under the
authority of the Ministry. Key issues discussed related to women’s empowerment
and women’s rights in general as well as child protection. Regarding the
empowerment of women, the Department of Gender Equality coordinates
implementation of the gender strategy and provides support for gender
mainstreaming in all ministries.
53. The various departments and institutions collaborate together to ensure the
promotion and protection of women’s rights as well as the observance of laws
adopted in their favour. Hence, the Department of Family Affairs is responsible for
the protection of the family through development projects. There is also a National
Assistance and Training Centre for Women (CENEF) present in 11 departments.
CENEF strengthens the capacities of women at the community level, particularly in
terms of activities which contribute to their empowerment. A financing mechanism
has also been established allocating loans from 250,000 to 5 million for women to
create income-generating activities and another fund provides support to women
entrepreneurs. The Ministry has set up a guarantee fund which covers interest owed
to micro-finance institutions. The objective is to establish CENEFs throughout the
country; some are scheduled to be established in 2017.
54. Other institutions such as the Land Reform Commission, are also working to
advance women’s rights, particularly their right to land. The Ministry is also in
charge of “wards of the State” and has set up an office in charge of these wards who
receive an allowance of 20,000 per month until they reach the age of 18 years. These
children are also provided with healthcare coverage as well as psychological
support. The office mainly takes care of children whose parents died during the
Djola shipwreck and children of soldiers who died during peacekeeping missions in
particular. It works in collaboration with other centres such as the Guindi Centre to
help the children in the most effective manner possible.
55. The Guindi Centre hosts, counsels and provides guidance to children in vulnerable
situations including talibés, runaway children (search for their relatives in
particular), as well as children who are victims of sexual abuse, in collaboration with
the Association of Senegalese Female Lawyers (AJS) and the Ministry of Justice to
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provide appropriate assistance. The objective of the centre is to return the children to
their families but is also offers vocational training programmes where possible. The
majority of abandoned children are from the Region of Dakar. There is a toll-free
hotline for children and those who want to help them.
56. The Commissioner enquired about gender-based violence whose most prevalent
form is domestic violence. The issue of rape and the worrying increase in the
number of cases in new neighbourhoods, as well as sexual harassment in the
workplace and the taboo surrounding this problem were also discussed. Concerning
the issue of early marriage, the Ministry informed the Commissioner that it is
working with parliamentarians to raise the legal age of marriage to 18 years for girls.
On female genital mutilation (FGM), the adoption and implementation of an action
plan covering the 2000-2015 period contributed to reducing the rate from 28% to
25%. Moreover, this issue is prominently featured in discussions and this helps to
considerably reduce the phenomenon. Moreover, a line of argument based on
religion was developed using an inclusive approach to help eradicate FGM
throughout the country.
Meeting with the State Prosecutor
57. During her meeting with the State Prosecutor, the Commissioner discussed issues
relating to personnel, budget and the lengthy procedures in the administration of
justice. The Prosecutor emphasized the independence of the Judiciary, which is
guaranteed, particularly with the easing of certain procedures and a lesser
interference of the Executive branch. Significant reforms have either been conducted
or are underway including the computerization of the justice system, which has
made substantial progress.
58. He however admitted that there was still room for improvement in numerous areas
such as the collection of statistical data. With a view to optimizing performance, the
Office of the State Prosecutor established a team-based structure for greater
effectiveness. There is hence a team focusing on organized crime, a financial team, a
terrorism and cybercrime team, one dealing with land tenure and another on general
issues. These teams are each led by a Deputy Coordinator. Each team handles cases
relating to their specific area and this considerably improves the processing of cases.
The Office of the Prosecutor maintains excellent relations with CREI and notifies the
Special Prosecutor of all cases of corruption.
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59. Regarding the organization of the judicial system, in addition to courts and
tribunals, there are four “houses of justice” which handle minor disputes. They
report to the Judiciary but are financed by the Office of the Mayor which pays the
staff. The latter are not trained magistrates.
60. Concerning the administration of justice, the Prosecutor regrets the slowness in
certain procedures. Indeed, despite the request made to the Cour de Cassation for a
series of rulings delivered by judges to be overturned because the cases were
handled without the presence of a lawyer at the commencement of proceedings
(which is in contravention of the new procedures), a decision is yet to be made on
these cases. He nonetheless indicated that considerable progress has been made in
civil proceedings, especially with regard to the issue of Female Genital Mutilation
(FGM). The Government decided to call upon the civil society for the
implementation of recommendations issued at the Universal Periodic Review (UPR)
relating in particular to forced marriages and FGM. A group of NGOs working in
these areas was contacted.
61. The Prosecutor admitted that the response of the Judiciary to address challenges
posed by terrorism reverses all gains in terms of human rights in general and the
abolition of the death penalty in particular. Many countries indeed apply a
moratorium but hesitate to abolish the death penalty because of the terrorist threat.
Meeting with the Chairman of the Law and Human Rights Commission of the
National Assembly
62. The Commissioner discussed with the Chairman of the Law and Human Rights
Commission on the role that this Commission plays in the adoption of laws relating
to human rights standards including laws for the implementation of international
human rights conventions. Several laws relating to personal status and individual
freedoms were adopted as well as a law to punish begging. But implementation
remains the greatest challenge.
63. This Commission tries to monitor the effective implementation of these laws. For
instance, members of the Commission conduct field visits to prisons and remand
centres to monitor the implementation of the laws and subsequently make
recommendations on areas to be improved.
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Meeting with the Ombudsman
64. During the meeting, the Ombudsman pointed out that the Office of the
Ombudsman in Senegal was one of the first in Francophone Africa. It was
established in 1991 and is primarily in charge of reviewing complaints of citizens
against the civil service. It also deals with cases relating to private companies with a
public service mission such as banks and insurance companies. The social value of
the Ombudsman is widely recognised. It has become an effective recourse for many
citizens.
65. The Ombudsman may propose amendments to laws and regulations in order to
facilitate relations between the State and citizens. It also contributes to creating a
corporate culture, preventing conflicts and maintaining peace through its
involvement in dispute resolution. However, because it does not have peremptory
powers, it plays an advisory and counselling role. It lays emphasis on providing
assistance to and ensuring protection and respect of citizens. It also participates in
ensuring implementation of judicial rulings by administrations, given that it can
submit requests to the President for compliance with such rulings by the
administration.
66. The Ombudsman has a 6-year term of office which is non-renewable. He submits
annual reports to the President. He expressed the hope that the Prime Minister
would also be involved in this process so as to ensure effective monitoring of
recommendations contained in his report. The Office of the Ombudsman includes 13
deputy ombudsmen at the regional level. This Office however lacks visibility.
Challenges it faces include rivalry from other institutions as a result of their relative
fear of the Ombudsman, lack of resources and the place occupied by the Office at the
institutional level.
B. MEETING WITH INTERNATIONAL INSTITUTIONS
Meeting with the International Committee of the Red Cross (ICRC)
67. Discussions with the Regional Delegation of the International Committee of the Red
Cross (ICRC) mainly focused on activities of the organization in Senegal, in
particular those carried out in Casamance where it is trying to provide a response to
the situation of populations affected by the conflict, especially those returning to
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their homes. According to the ICRC, nearly 200 families (1,500 individuals) returned
to Casamance in 2015. The ICRC provides support through rehabilitation of
watering points, distribution of fertilizers and farming equipment. Micro-credits are
also granted to families and the organization is fighting against food insecurity,
which has become more or less generalized in Senegal. The ICRC also helps to
implement a WFP programme in Casamance.
68. The ICRC has initiated discussions with the Human Rights Commission of the
National Assembly for the establishment of a Commission on international
humanitarian law. Activities are also conducted with the Army for the latter to put
in place its own training unit on international humanitarian law and set up a
training of trainers’ programme. The ICRC is still in charge of briefing soldiers on
humanitarian-related issues and on the use of force prior to their departure for
participation in UN missions.
69. Regarding the issue of migrants, the ICRC conducted a study on the families of
migrants in 2011 and the Libyan Red Cross Delegation helped in the repatriation of
Senegalese citizens who were in detention centres in Libya. The ICRC also works to
ensure the reintegration of children in the family structure by trying to re-establish
links between parents and children.
Meeting with the Office of the High Commissioner for Refugees (HCR)
70. The issue of refugees, migrants and internally-displaced persons in Senegal was
discussed with Mr. Jean-Claude do Rogo, Deputy Regional Representative
(programme) of the Office of the High Commissioner for Refugees. Refugees in
Senegal are from different countries including the Central African Republic, The
Gambia, Mauritania, etc. The majority of refugees from the Central African Republic
have been repatriated. Regarding Gambian asylum seekers (about 30), their status is
difficult to determine because most of them belong to the LGBTI community. Thus,
even though they can submit requests for asylum, they will not be granted refugee
status because Senegal does not recognize them as such. They have hence been
placed under the protection of the HCR pending a solution for their resettlement in
other countries.
71. The other challenge is that of Mauritanian refugees whose repatriation process was
formally closed in 2012 (nearly 24,000 refugees repatriated). However, some
refugees had requested the support of HCR but could not be repatriated within the
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stipulated time limit and are still in Senegal. Negotiations with the Mauritanian
authorities in this regard are currently underway. Furthermore, refugees who have
returned to Mauritania complain about challenges they face to obtain documents
such as a national identity card or a passport. The State requires them to prove the
legal status of their parents and grandparents before they can be issued their
documents, whereas papers proving such have been destroyed a long time ago. This
results in statelessness, as is the case for Mauritanian refugees born in Senegal.
72. Another category involves those who did not make a formal request for repatriation
and for whom HCR is trying to find lasting solutions such as integration. At this
stage, the Senegalese Government has not formulated a refusal to a possible
naturalization of these refugees who are 13,699 in number, the majority of which
(12,000) live in the Senegal river valley. HCR has put in place support measures in
the form of micro-credits to provide them with a certain economic independence.
73. Internally-displaced persons and migrants mainly comprise children referred to as
“talibés” who come from all across the sub-region. These children come from within
the country or neighbouring countries and this makes it difficult to determine their
nationality of origin for some. This results in many cases of statelessness. The
phenomenon is aggravated by the deficiency of the Senegalese law on nationality
which grants nationality to babies and not to abandoned children.
Meeting with UNICEF
74. Discussions with the UNICEF representative revolved mainly around the
implementation of children’s rights and their protection. She informed the
Commissioner of the decline in the number of early marriages. She however stated
that a lot remained to be done in terms of education, because the attendance rate is
only 55%. In order to encourage the families to send their children to school,
UNICEF offers grants to families. To receive these grants, families must make sure
that the child has a birth certificate, is vaccinated and enrolled in school.
75. Regarding the issue of the “talibés children”, according to the Representative, the
law on the modernization of “daaras” should help address the issue but its
implementation is delayed and this makes the situation of children talibés
increasingly vulnerable. However, a child protection strategy had been developed in
1993 but its implementation was to a certain extent slowed down due to resistance to
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change based on social, cultural and especially religious factors. She indicated that
there were lobby groups against the implementation of the law.
76. She also informed that UNICEF was working towards the development of a
communication plan for acceptance and implementation of the law and also to
heighten awareness on its importance for child protection. A line of argument, based
on the Coran, was developed and disseminated condemning the situation of talibé
children. The Representative mentioned the need to reflect on the possibility of the
State using funds provided by the Islamic Bank to commence the modernization of
“daaras” prior to the adoption of the law. Indeed, a study carried out by the
Ministry of Justice in 2014 revealed that out of 54,000 talibé children, 30,000 were
Senegalese and only 9% were from foreigners. Talibé children are a consequence of
the practice of placing one’s child in a “daara”. Parents receive something in return
for each placement. Therefore, even when the child is being abused, parents are not
often inclined to take him back and the latter ends up in the street to escape such
abuses. It is therefore crucial for lasting solutions to be found to address the issue of
street children. UNICEF has contributed to the establishment of community-based
daaras managed by the parents and the Koranic teacher in order to protect children,
but this is a small-scale initiative.
77. As part of efforts to ensure the protection of children’s rights, UNICEF has put up
committees in charge of monitoring and alerting on cases of violence, particularly in
schools. Indeed, there is an increase in the number of cases of rape in schools
perpetrated by peers (among students). UNICEF works with specialized private
entities providing a safe haven for women and girls victims of violence such as the
Maison Rose. Integration of children with disabilities in the society is also another
area where UNICEF is active as well as healthcare for children living with
HIV/AIDS.
Meeting with the Office of the High Commissioner for Human Rights (OHCHR)
78. The Commissioner met with staff of the OHCHR who informed her that based on
their analysis, the human rights situation in Senegal was more or less acceptable and
that though efforts had been made in the area of torture, much more remained to be
done. Major challenges faced were at the institutional level, with the downgrading
of the Senegalese Human Rights Council to a B Status (Paris Principles) as well as
the current lack of clarity regarding the functions of the various human rights
institutions present in the country. Furthermore, implementation of
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recommendations from the various mechanisms to which Senegal has presented
reports is also an issue.
79. Difficulties to identify the organism in charge of monitoring implementation is the
main issue. Thus, there is a lack of performance and commitment on the part of
Senegal in the implementation of its action plan relating to human rights, and in
ensuring that civil society is involved in the preparation of reports and
implementation of recommendations. Clarification of the roles of the various human
rights institutions is urgently required to resolve the situation and move forward the
human rights agenda in Senegal.
Meeting with UN Women
80. UN Women focuses primarily on three main themes, namely gender-based violence,
leadership and gender-sensitive planning and budgeting. Each theme is developed
in the form of a project implemented in collaboration with the ministries in charge of
women’s empowerment, justice and defence. Various projects also exist to assist the
Government in combatting gender-based violence. UN Women collaborates with
civil society organizations including the Association of Senegalese Female Lawyers
to implement training programmes for victims of sexual abuse. There is a shelter
project which offers services including housing, psychological support and legal
assistance.
81. Regarding the issue of leadership, capacity-strengthening activities are conducted
with female parliamentarians enabling them to conduct a gender-based analysis of
all budgets. Other activities are conducted with the Senegalese Women’s Council
and the Committee in charge of defending the law on parity. Advocacy actions are
conducted to ensure implementation of laws relating to gender. In this regard, UN
Women participated in the establishment of gender units in certain ministries to
ensure that gender aspects are taken into consideration in all decisions adopted.
82. Concerning female genital mutilation (FGM), the overall national rate has
diminished to 26% with disparities between the regions. Indeed, in certain areas the
rate is still at 92% but efforts are being made to put an end to this practice, in
particular, with the change in strategy to combat FGM. The HIV rate revolves
around 0.7% at the national level with a 0.5% rate among women especially in the
Kédougou region where there is a high rate of sexual exploitation of women and
girls.
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C. MEETING WITH OTHER STAKEHOLDERS
Meeting with President of the Bar Association of Senegal
83. During the meeting, the Commissioner and the President of the Bar Association
mainly discussed the issue of access to justice in Senegal and legal aid in particular.
According to the President, the amount allocated to legal aid, which varies between
350 and 500 million, is insufficient. He indicated that a minimum of 3 billion is
required in order to truly address the needs of citizens. Moreover, a large portion of
this aid is earmarked for trials and criminal proceedings and very little is left for
victims. They are reflecting on how best to fairly distribute this aid among all
citizens. He also proposed that 1% of legal aid be used to raise public awareness on
the existence of this aid.
84. Regarding the training of lawyers, the President of the Bar mentioned the need to
recruit new lawyers and ensure that training is more accessible. Currently, law
school is solely reserved for Senegalese but lawyers from UEMOA countries may
practice in Senegal. Those from countries outside of the UEMOA zone can only
practice in Senegal if there is an agreement signed between Senegal and the
candidate’s country. The majority of lawyers are based in Dakar and there is only
one Bar Association in the country. Corruption in the judicial system and its
consequences on justice were also discussed.
Meeting with the Senegalese Human Rights Committee (CSDH)
85. The Senegalese Human Rights Committee is among institutions in charge of human
rights in Senegal along with the National Human Rights Advisory Council and the
National Observatory of places of deprivation of liberty. Its mission is to promote
human rights through exchanges, observation, evaluation, dialogue and
consultation.
86. The CSHD was downgraded to B status as a result of non-compliance with certain
criteria determined by the Paris Principles 2. Reforms were initiated through a draft
2
Paris Principles relating to the status and functioning of national institutions for the protection and
promotion of human right https://www1.umn.edu/humanrts/instree/Fparisprinciples.pdf
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law on the establishment of the Committee to ensure consistency with the Paris
Principles. In this new law, the Committee will have a chapter in each of the 14
regions. The Committee will be composed of a Secretary General and a limited
number of commissioners. Only the president will be elected and confirmed by
presidential decree, the Secretary General will be appointed by the president, no
member shall be appointed by the State and they will have a renewable term of
office of 4 years.
87. Furthermore, the Committee is not consulted in the law-making process but takes
part in certain discussions on draft laws as was the case in the draft law on “daaras”
and talibé children where it participated in televised debates on the issue. The
Committee intervenes in several areas and works, in particular, with the Child
protection support unit (CAPE) which deals with issues relating to child trafficking,
and the Observatory on prisons. However, the Committee believes that there are too
many institutions and the two aforementioned (CAPE and the Observatory) should
be integrated into the Committee for enhanced coordination of activities and to
avoid duplicating initiatives.
Meeting with members of Civil society
88. A meeting was held with civil society at the headquarters of RADDHO (Rencontre
Africaine des Droits de l’Homme), a local Non-Governmental Organization. The
Commissioner and civil society actors discussed issues relating to the registration of
children, the growing insecurity, the situation of Senegalese immigrants,
implementation of recommendations of human rights bodies, in particular the
Universal Periodic Review, and the situation of the LGBTI community.
89. On the question of registration of children, civil society actors acknowledged that
there has been an improvement in the registration of births particularly in the Kolda
and Casamance regions. They however deplore the disastrous consequences for
many children who could not have a birth certificate delivered. Some of whom were
almost prevented from sitting State exams had it not been for the leniency of the
State. It is therefore imperative that the reform of the civil registration process is
accelerated and that children are declared and have a birth certificate. They also
deplored the lack of rigour in the organization of public discussions on civil
registration. Indeed, many intrusions of foreigners hoping to obtain Senegalese
citizenship were noted. The Government should therefore be more vigilant.
Moreover, the Government should become more involved in the organization of
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public discussions which are petering out, because partners cannot indefinitely
stand in for the State. In the opinion of civil society, the State should increase its
commitment on this issue and put forward lasting solutions.
90. The growing insecurity was also discussed including the circulation of weapons
between Dakar, Touba, Diourbel and Thiès. Civil society believes that authorities
should redouble their efforts to ensure greater security. There are also other
problems such as respect of the rights of migrants who are victims of various forms
of discrimination. An increase in the number of deportations of migrants falsely
accused of committing crimes, especially political refugees, has indeed been
observed. Discrimination against migrants can be observed even in detention
centres.
91. Another area of concern was the lack of action of authorities faced with the illtreatment of Senegalese immigrants living abroad under extremely difficult
circumstances and who they believe are not adequately protected by their country of
origin or their host country. Senegalese migrants have hence been the victims of
torture and targeted killings in Morocco, Spain, Italy, Gabon and Brazil without any
reaction from the Senegalese public authorities or consular authorities in these
countries.
92. They also condemned the barriers erected by the authorities regarding the
implementation of recommendations of the Universal Periodic Review (UPR) as a
result of the existence of several organs in charge of human rights in Senegal and
which do not work in coordination. They opined that there was an urgent need to
clarify the roles of these various organs in order to get things done.
93. Regarding the administration of justice, civil society members condemned
discrimination levelled against members of the LGBTI community. Six men were
indeed arrested for their alleged sexual orientation and two were sentenced to 2
years in prison with the possibility of parole after 6 months. They only had two
weeks to appeal but could not do so because the decision was never communicated
to their lawyers in contravention of the provisions of the criminal code (art. 319).
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Meeting with the Association of Senegalese Female Lawyers (AJS)
94. The Commissioner met with members of the AJS, an association created in 1974 to
promote women’s rights, protect and promote human rights, disseminate the law,
conduct awareness-raising and advocacy actions, and train paralegals. The aim of
the association is to ensure that women know their rights and to this effect, training
sessions are organized to effectively equip women. The association is particularly
involved in girls’ education. In the 1980s, actions undertaken by the association
contributed to ensuring the accession of women to certain positions in the police
force, diplomatic corps, customs, gendarmerie, army, etc.
95. Current priorities of the association include the eradication of early marriages,
compliance with the legal age of marriage, sharing of parental authority between
men and women which should be enshrined in the Family Code, implementation of
gender parity in decision making bodies, women’s reproductive health, and the
harmonization of regional and international instruments ratified by Senegal with
domestic laws. The association is also planning to become involved in community
justice, and in this regard, has opened “law clinics” which are run by paralegals.
There are five of these clinics currently: two in Dakar, one in Ziguinchor, one in
Kolda and one in Kédougou. There is also a clinic established in partnership with
HCR which deals specifically with refugees.
96. The association is also involved in the fight against HIV/AIDS, in particular, the
feminization of the disease and the increasing number of infections among women
especially in gold mining areas such as Kédougou and Tambancounda.
Meeting with the Director of the Centre des Hautes Etudes de Défense et de Sécurité
(Centre for Higher Studies on Defence and Security)
97. The Commissioner met with Colonel Ndiaye, Director of the Centre des Hautes Etudes
de Défense et de Sécurité, to discuss this institution’s contribution in the promotion
and protection of human rights in Senegal. Colonel Ndiaye informed the
Commissioner that the objective of the Centre was to train law enforcement agents
as well as other individuals on issues relating to human rights and international
humanitarian law. It also aims to provide answers to certain questions which could
affect the country’s development and thereby provide decision-makers with tools
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for geo-strategic analysis, enhance training in the armed forces in particular, as well
as research.
98. The Centre has signed an agreement with University Cheick Anta Diop for the
availability of professors to deliver lectures at the Centre, even though the priority is
given to law enforcement officers. The Centre is open to candidates from all
horizons (prosecutors, magistrates, students, military, etc.). At the time of this
meeting, the Centre had received 57 applications. The Colonel indicated that 40% of
the first batch of graduates will consist of law enforcement agents. The Centre has
two departments: Department of Training and Department of Special Programmes.
It offers training programmes on human rights, international humanitarian law and
security and a Masters II programme on defence, peace and security.
99. It also proposes special programmes such as the Forum of leaders (former military,
customs, etc.), who reflect on specific issues and submit their recommendations to
the Prime Minister and the President of the Republic. An intermediate programme
provides police commissioners, heads of gendarmerie, etc. with a platform to
discuss a specific theme. There is also a programme for national assembly members
who are part of the Defence Committee. Seminars on the topic of defence are
organized within the framework of this programme. It also organizes field visits to
various institutions such as the Training Centre, the Office of the Chief of Staff for
Armed Forces, etc. Another programme targets the media including the training of
journalists on defence concepts. Lastly, it offers a programme for women leaders
providing them with basic knowledge in the field of security and defence. The
specificity of the various programmes proposed by the Centre is that they all include
a module on human rights.
Meeting with Save the Children
100. During this meeting, the Commission discussed the issue of child labour in
Senegal with members of this organization. She enquired about actions conducted
by the organization relating to talibé children. Staff members of this organization
informed her that they did not have a specific programme for talibé children but
provided support to some of them through their different programmes. Several
programmes focus on specific themes such as the protection programme which aims
to strengthen national protection systems for children’s rights, helping organizations
to submit reports to mechanisms promoting and protecting children’s rights,
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strengthening the African Committee of Experts on the Rights and Welfare of the
Child, and monitoring implementation of recommendations made by human rights
bodies. They also contribute in the preparation of soldiers prior to peacekeeping
missions by training them on child protection and respect of their rights.
101. Save the Children mainly provides assistance to children who lack adequate care
and to migrant children. They also contribute to the supervision of a network of
child workers, helping them ensure that their rights are respected and to develop a
mutual assistance and support system among themselves. Other areas include FGM,
early marriages, corporal punishment and positive discipline, an education concept
from Scandinavian countries which encourages children to improve by emphasising
the positive aspects of a child.
Visit to a “daara” – Khadimoul Khadim Franco-Arab private school
102.
The Commission visited a so-called modern “daara” It is a co-ed Koranic school
and is among the first to comply with criteria set by the project on the
modernization of “daaras”. It is a private school and is attended by 100 talibé
children all from Senegal. It is co-ed school with 7 girls who are full boarders. Of the
100 students, 10 are external and the rest are all full boarders. They stay in
dormitories with 7 to 8 beds. The Koranic school is situated at the ground level and
classrooms are on the first floor. Dormitories are on the third floor.
103. The school provides assistance to many children because their parents do not
have the means to contribute financially. In order to address financing needs, the
Director of the daara, who is also an entrepreneur, developed income-generating
activities. The daara is hence largely financed from the Director’s own funds in
addition to donations from private individuals. He is yet to receive a subsidy from
the State but hopes that this will be the case when his application is approved. The
school receives gifts from private individuals.
104. The daara offers education to children between 5 and 12 years old, after which
they join the public education system or a private school which offers secondary
education. The daara implements the national education programme. It has teachers
who teach classes in Arabic and others in French. The Commissioner however
observed that the schedule of classes and learning of the Coran was quite intense
particularly for young children and that it should be revised and adapted
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accordingly. It is worth noting that the school is quite flexible and authorizes parents
to visit their children at any time after school hours.
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PART THREE
POSITIVE ASPECTS
1.The Commission notes with appreciation the following positive points and factors
for the promotion and protection of human rights in Senegal:
In general
i.
The authorization of the Government of the Republic of Senegal for the conduct
of this mission, which is a sign of its willingness to collaborate with the
Commission for the promotion and protection of human rights in the country;
ii.
The regular participation of Senegal in public sessions of the Commission;
iii.
The ratification of regional and international instruments to which it was not yet
a party, including:
-
iv.
UN Protocol to prevent, suppress and punish trafficking in persons, especially
women and children, ratified on 27 October 2003;
UN Convention on the Rights of Disabled Persons, adopted on 13 December
2006, ratified on 7 September 2010;
Protocol to the African Charter on Human and Peoples’ Rights on the rights of
women, ratified on 2 December 2004;
The adoption and revision of a certain number of laws and decrees, including:
-
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Organic law n° 2012-23 of 27 December 2012 repealing and replacing
organic law n° 99-70 of 17 February 1999 on the Court of Auditors;
Law n° 2011-01 of 24 February 2011 on the Telecommunications Act;
Law n°2011-07 of 30 March 2011 on Land tenure;
Social Policy Act N° 2010-15 of 6 July 2010 on the empowerment and
protection of persons with disabilities;
Law n° 2010-03 of 9 April 2010 on HIV/AIDS;
Organic law n° 2008-36 of 8 August 2008 amending organic laws 92-26 of
30 May 1992 on the organization and functioning of the Higher Council of
the Judiciary;
Law n° 2006-04 of 4 January 2006 on the creation of the National
Broadcasting Regulatory Council (CNRA);
Law n° 2004-06 of 6 February 2004 on the Investment Code;
v.
The development of programmes, action plans and strategies for the promotion
and full realization of human rights;
vi.
Sustained efforts of the Government in the drafting of new laws and the
development of programmes for enhanced respect of human rights, democracy
and good governance.
Justice
i.
ii.
iii.
iv.
The organization and smooth conduct of the historical trial of the former
President of Chad, Hissene Habré, by the Republic of Senegal;
The presidential pardon granted to Karim Wade and two other detainees by
President Macky Sall;
The planned increase of funds for legal assistance;
The development of community justice with the construction of new courts,
training and other relevant initiatives including the establishment of justice
houses.
Freedom of association and demonstration
v.
vi.
Respect for freedom of association and demonstration and measures put in place
to ensure their full enjoyment;
Monitoring of activities of associations by the requirement to submit activity
reports.
Health
i.
ii.
iii.
iv.
Introduction of free healthcare for children under 5 years as well as health
coverage for persons with disabilities and persons older than 60 years;
Establishment of a training plan for specialists in collaboration with universities
in order to meet the demands of the new health policy guidelines and strengthen
emergency services;
Increased accessibility of health facilities, most of which are located in Dakar;
Increased supervision of private health facilities.
Persons living with HIV/AIDS
i.
Adoption of the 2010 law on HIV/AIDS which established a legal framework for
the overall management of infected or affected persons and for HIV/AIDS
prevention with the aim of stopping the spread of HIV/AIDS, eliminating all
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forms of stigma and discrimination against persons infected or affected by
HIV/AIDS, and promoting positive attitudes towards these persons.
Women
i.
Establishment of various programmes and projects for the promotion of women
and their empowerment;
ii. Increased representation of women in the Senegalese National Assembly from 33
(i.e. 24%) to 64 (i.e. 44.6%) out of a total of 150 parliamentarians;
iii. Adoption of the following laws and decrees:
- Law No 1999-05 of 29 January 1999 which increased punishment of
offences such as rape, female genital mutilation, indecent assault, incest
and sexual harassment;
- Law of 24 January 2004 on punishment of violence against women at
home and in the society;
- Law No 2010-11 of 28 May 2010 instituting full parity between men and
women in all totally or partially elective institutions;
- Decree No. 2006-515/PR of 9 June 2006 on access for women to the
gendarmerie;
- Decrees 2006-1309 and 1310 of 23 November 2006 establishing respectively
that a female civil servant and a female salaried worker in the private
sector is able to include her husband and children in her medical plan;
- Draft law on the eradication of early marriages.
Persons with disabilities
i.
ii.
iii.
Provision by the State of healthcare coverage for persons with disabilities;
Involvement of persons with disabilities in decision-making processes, in
particular at the Ministry of Education;
Granting of rights and privileges in terms of education and training to persons
with disabilities, equal opportunity card holders.
iv.
Children
i.
Introduction in the Criminal Code of the offence of begging and adoption of a
law criminalizing human trafficking and exploiting others through begging in
order to put a stop to child begging;
Development of a strategic framework for the reduction of the phenomenon of
street children: poverty reduction strategy 2006-2010, national social protection
strategy of the DPES 2011-2016, establishment of a mechanism to pool resources
ii.
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iii.
iv.
v.
vi.
and share experiences on actions to eliminate this practice [Partnership for the
removal and reintegration of street children (PARRER);
Development of projects to enhance the lives and care of children attending
“daaras”;
Establishment, within the Ministry of Education, of an Inspection unit for
“daaras”;
Implementation of a project to modernize “daaras” with the objective of
providing young talibés with quality religious education and equipping them
with core skills as provided for in the basic education programme of the Ministry
of National Education;
Commitment to implement the recommendation of the African Committee of
Experts on the Rights and Welfare of the Child by deciding to remove street
children.
Environment
i.
ii.
iii.
iv.
v.
vi.
vii.
Integration of environmental education into the curricula of the formal and
informal education system;
Dissemination of legislative and regulatory texts including the Environmental
Code, the Forestry Code and the National Sanitation Strategy;
Improvement of the information and knowledge system on resources through, for
instance, broadcasting of news bulletins on the quality of air and water by the
media, particularly the national television since 2010;
Establishment of an institutional and legal mechanism for an effective protection
of the environment under the auspices of the Ministry of Environment which
includes:
-The Studies, Planning and Monitoring Unit (CEPS);
-The Higher Council on national resources and the environment
(CONSERE);
-Regional environmental offices;
Intensification of the fight against the degradation of the environment and
natural resources as part of efforts to comply with international obligations;
Combatting desertification and land degradation with Senegal’s participation in
the great green wall project which extends to Djibouti;
Wildlife management through implementation of a development policy of
protected areas to ensure their day-to-day management;
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viii.
Forestry management through permanent control by the Ministry of Environment
of the exploitation of restricted products including all partially protected timber
species used in carpentry, woodwork, construction and industrial activities;
Coastal erosion control with the establishment of marine protected areas and the
requirement for extractive industries to conduct environmental assessments on
the impact of their activities on the environment;
ix.
Human rights education
i.
ii.
Training of police officers on human rights while attending the Police Academy;
Inclusion of human rights modules in the programmes of the Centre for Higher
Studies on Defence and Security.
AREAS OF CONCERN
2. Despite the numerous positive aspects, challenges still remain and solutions
must be found to ensure that Senegalese citizens and all other persons living in
the Republic of Senegal fully enjoy their rights.
In general
i.
ii.
iii.
iv.
v.
vi.
Lack of implementation of certain conventions;
The non-ratification of several human rights instruments, including:
- African Charter on Democracy, Elections and Governance;
- African Union Convention for the protection and assistance of internally
displaced persons in Africa (Kampala Convention);
Non-adoption of the draft law on the status of refugees and stateless persons;
Slow progress in adopting and enacting codes and laws currently being
developed or revised, particularly the revision of the Criminal code, adoption of
the law on freedom of the press, and the legal framework relating to talibé
children;
Growing insecurity, organized crime, and circulation of weapons;
Slow progress in the implementation of recommendations issued of the
Universal Periodic Review.
LGBTI refugees
i.
Refusal to grant refugee status to members of the LGBTI community.
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Children
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
Lack of birth certificates for a large number of children which undermines their
education and leads to many cases of statelessness;
The slowdown in the organization of public forums on civil registration;
The presence of a large number of children on the streets begging;
Reluctance to apply sanctions against Koranic teachers responsible for the illtreatment of children;
Reluctance to implement the reform on “daaras” and the law against begging
which is detrimental to the protection of children’s rights;
Absence of any provision in Senegalese laws granting citizenship to minors
found on its territory, putting them in a situation of statelessness;
The increasing number of child workers, particularly in the mining industry;
Migration of children, in particular, talibé children;
Slow progress in implementing the reform on “daaras”.
Women
i.
ii.
iii.
iv.
v.
vi.
Persistence of FGM in certain areas where the rate is still at 92%;
The high rate of HIV/AIDS infection among women (0.7%) in comparison to
men (0.5%);
Increased sexual exploitation of women and girls especially in the Kédougou
region as well as in gold mining areas;
An increase in acts of sexual harassment at the workplace;
Increased cases of rape against school girls by their peers;
Upholding of severe sanctions against women in the event of abortion or
attempted abortion in the Criminal Code, and the non-criminalization of sexual
assault.
Conditions of detention
i.
The Commissioner was not able to visit the Reubeus prison or any other
detention centre despite her explicit request.
National institutions
i.
Lack of coordination between the various bodes in charge of human rights in
Senegal;
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ii.
Lack of monitoring by these various institutions of the implementation of
recommendations of human rights bodies including the African Commission on
Human and Peoples’ Rights and those of the Ombudsman.
RECOMMENDATIONS
3. Despite the significant progress noted, it appears that Senegal still has challenges
to face which require the adoption of adequate measures to ensure protection
and effective fulfilment of human rights in the country. The following
recommendations are thus addressed to the Senegalese authorities:
General recommendations
i.
ii.
iii.
iv.
v.
vi.
Ensure implementation of all ratified conventions;
Ratify human rights instruments, including:
- the African Charter on Democracy, Elections and Governance;
- African Union Convention for the protection and assistance of internally
displaced persons in Africa (Kampala Convention);
Adopt the draft law on the status of refugees and stateless persons;
Speed up the adoption and enactment of codes and laws currently being
developed or revised, particularly the revision of the Criminal code, adoption of
the law on freedom of the press, and the legal framework relating to talibé
children;
Adopt the necessary measure to guarantee security, fight against organized
crime and control the circulation of weapons;
Implement recommendations of human rights bodies and those of the Universal
Periodic Review.
Children
i.
ii.
iii.
iv.
Accelerate the reform of the civil registration process and ensure that every child
has a birth certificate;
Adopt the necessary measures to provide support to street children and put an
end to this situation;
Ensure greater involvement in the organization of public forums to enable every
child and individual without a birth certificate to gain access to identification
papers;
Demonstrate greater determination in the application of sanctions against
Koranic teachers responsible for the ill-treatment of children;
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v.
vi.
vii.
viii.
Accelerate implementation of the reform on “daaras” and the law against
begging;
The Republic of Senegal should seriously consider the issue of the nationality of
abandoned children and talibés in order not to put them in a situation of
statelessness;
Enhance the supervision of child labour, particularly in the mining industry;
Increase child migration controls, in particular, for talibé children.
Women
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
Ensure applicability of laws on combatting violence against women, including
domestic abuse, and ensure that perpetrators are brought to justice;
Strengthen the operational and institutional capacities of institutions in charge of
combating female genital mutilation;
Increase public awareness of the HIV/AIDS epidemic among women and ensure
that those already infected benefit, in a permanent and fair manner, from the
availability and accessibility of ARVs and other safe and effective medicines to
fight against HIV and related opportunistic infections;
Adopt appropriate measures to fight against sexual exploitation of women and
girls;
Pursue efforts to eradicate early marriages;
Adopt measures to punish acts of sexual harassment at the workplace;
Conduct awareness-raising campaigns in schools on rape and its consequences
and punish perpetrators;
Adopt the necessary measures to remove severe sanctions against women in the
event of abortion or attempted abortion in the Criminal Code, and criminalize
sexual assault.
LGBTI refugees
i.
Guarantee refugee status to all applicants regardless of their proven or alleged
sexual orientation.
National Institutions
i.
ii.
Ensure compliance of the Senegalese Human Rights Committee with the Paris
Principles;
Clarify the functions and roles of the various existing human rights institutions
in the country;
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iii.
Ensure implementation of recommendations of human rights bodies as well as
those of the Ombudsman.
Civil Society
i.
ii.
iii.
iv.
v.
Provide support to authorities for the implementation of recommendations of
human rights bodies;
Assist the State in the promotion and protection of human rights through
awareness-raising campaigns, training programmes and assistance to victims of
human rights violations;
Help disseminate human rights instruments as well as laws relating to the
implementation of these instruments;
Apply for observer status with the African Commission on Human and Peoples’
Rights;
For those with observer status, present their activity reports to the Commission
in accordance with Resolution ACHPR/Res.30(XXIV) 98 on cooperation between
the Commission and NGOs having observer status with the Commission.
UN agencies and other partners
i.
Continue to provide material, technical and financial support to NGOs, the
various stakeholders and the Republic of Senegal in their efforts to promote and
protect human rights in the country;
4. Finally, the Commission calls upon the Government of the Republic of Senegal to
ensure implementation of the above recommendations and those contained in
the concluding observations made following the presentation of the combined
periodic reports (8th, 9th, 10th and 11th) in accordance with Article 62 of the
African Charter, at the 56th Ordinary Session of the African Commission on
Human and Peoples’ Rights (the Commission) held from 21 April to 7 May 2015
in Banjul, The Gambia.
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