Human Rights in Senegal
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HUMAN RIGHTS IN SENEGAL 1 INTRODUCTION Senegal is a country in West Africa and it attained independence from France in 1960. It is located at the westernmost point of the continent and served by multiple breaths of air and maritime travel routes, Senegal is known as the “Gateway to Africa.” The country lies at an ecological boundary where semiarid grassland, oceanfront, and tropical rainforest converge; this diverse environment has endowed Senegal with a wide variety of plant and animal life. It is from this rich natural heritage that the country’s national symbols were chosen: the baobab tree and the lion. The most important city in Senegal is its capital, Dakar. This lively and attractive metropolis which is located on Cape Verde Peninsula along the Atlantic shore is a popular tourist destination (Camara, Clark & Hargreaves 2018). The country is a republic with a president elected to five-year terms. There are more than 80 political parties in Senegal. There is a bicameral parliament with a National Assembly, with 120 seats, and the Senate, with 100 seats. Senegal has an independent judiciary. The highest branches of this are the constitutional court and the court of justice. Senegal is one of the most successful African democracies. The president appoints local administrators. Senegalese religious leaders known as marabouts have strong political influence. In 1994, Senegal began ambitious reforms of the economy with international support. Initially, the currency, the CFA franc, devalued 50 percent and is now linked to the Euro. Price controls have also been dismantled. The reforms helped the economy and GDP grew 5 percent per year from 1995 to 2001. The inflation is currently at 0.8 percent. Senegal’s major industries are mining, cement, food processing, artificial fertilizer, textiles, chemicals, refining, and tourism. Major exports are chemicals, cotton, fish, fabrics, groundnuts, 2 and calcium phosphate. India is the major foreign market and accounts for 26.7 percent of exports (Africa.com 2017). On the surface, Senegal looks like a country that will not trample on the fundamental human rights of its citizens. Paris Francophone Institute for Freedoms (PFIF) a non-profit, non-governmental organization devoted to the promotion and reinforcement of commitments to the ethics, principles, and norms of human rights takes a closer look at the situation of human rights in Senegal. CURRENT HUMAN RIGHTS IN SENEGAL Since Senegal attained independence in 1960, the country has functioned with a liberal democratic, constitutional system of government. A multi-party system has been the norm of the Senegalese polity. One legacy of the country's colonial history is that Senegal has produced one of Africa's best intelligentsia. Senegal is a country of ethnic and religious diversity, which has a cosmopolitan outlook on issues. It has, on the whole, a tradition of pluralism, with a highly-organized civil society, including trade unionists, students, academics and other professionals. The pluralistic character of the society is expressed through the lively, albeit often elitist, discourse which is reflected in the spectrum of print media which exists in the country. Senegal has also had strong legal and political institutions since independence. The Senegalese Constitution of 1963 proclaimed respect for freedom and liberties and provided for their protection. It protects political liberties, the right to form trade unions, rights of the individual, freedom of worship, right to property and other economic and social rights. The country has ratified or acceded to ten international human rights covenants and conventions without any reservations. It also ratified the African Charter on Human and Peoples Rights in 1982. 3 Since 1988, however, the Senegalese state has been sliding gradually into a type of "democratic authoritarianism." Certain articulate sectors of the society challenged the election results of 1988 as having been rigged, and considerable violence ensued. Since that time, the government appears to be narrowing the space for civil society. One study, for example, indicates that from February 1988 to the beginning of November 1993, the government authorized only three applications related to the right to assemble and demonstrate. As recently as March 8, 1994, the authorities refused permission for a number of groups to demonstrate in celebration of International Women's Day. The continuous invocation of public order by the government is perceived by many human rights NGOs as a pretext to violate the right to assembly. The state appears for some time now to have resorted to the politics of confrontation. The result is that much of the political and social cohesion which existed before is now threatened, and there are signs of fragmentation. Confidence in political and legal institutions, such as the judiciary, has also been shaken. There are other factors which are sources of political cleavages. The separatist movement in southern Senegal (Casamance) is one. The government has responded to the Jolas' quest for secession with repression by the security forces. Over the last five years, Amnesty International and Senegalese NGOs have recorded several instances of torture and unlawful detention in that region. A phenomenon which has made subtle inroads into Senegalese political life is religion. The country is 95% Muslim and 5% Catholic. Many people feel that the government is being held hostage by religious leaders called marabouts, who wield considerable influence both within the government and in society as a whole. The concern is that their interests are not necessarily 4 harmonious with human rights standards and the interests of human rights advocates. Women's rights organizations, in particular, have been alarmed at the emerging fundamentalism. The government itself has been sufficiently frightened by the activities of one sect to prohibit it. There is also creeping corruption in Senegalese politics as a result of the need to pacify the marabouts and other political cronies. These factors, together with the recent currency devaluation, have created considerable social tension, evidence of which can be seen in the number of prominent opposition politicians who have been detained unlawfully since February 1994. Constitutionally, most human rights are protected by law in Senegal. An explicit exception concerns the rights of gay and lesbians, who are discriminated in Article 319.3 of the Senegalese penal code criminalizing “un-natural” consensual sexual conduct among adults. Breach of this law may be punished with five years in prison and a fine. FREEDOM OF EXPRESSION According to Amnesty Report (2018), there is no freedom of expression in Senegal. Journalists, artists, social media users and others who expressed dissent were arbitrarily arrested. On 30 June, journalist OuleyeMané and three others were arrested for “publishing pictures which offended morality” and “criminal conspiracy” after sharing photographs of the President on WhatsApp. They were released on bail on 11 August. Ami ColléDieng, a singer, was arrested in Dakar on 8 August and charged with "offending the head of state” and "spreading false news", after she sent an audio-recording criticizing the President on WhatsApp. She was released on bail on 14 August. In August, the Public Prosecutor issued a formal warning to anyone posting “offensive” comments or images on the internet, as well as to site administrators, that they faced prosecution for cybercrimes under the Criminal Code. 5 The new Press Code, adopted by the National Assembly in June, was vaguely worded and provided for custodial sentences for press offenses. It allowed the Ministers of Interior and of Communication to ban foreign newspapers and periodicals and provided for prison terms and fines for anyone defying the ban. Article 192 empowered administrative authorities to order the seizure of property used to publish or broadcast information, to suspend or stop a television or radio programme, and to provisionally close a media outlet on national security or territorial integrity grounds, among other things. It provided for prison sentences for offenses including “offending” the head of state, defamation, insults, the transmission or distribution of images contrary to morality, and spreading false news. It criminalized various techniques used by whistleblowers, for which prison terms would be imposed. Article 227 allowed for restriction of access to online content deemed to be “contrary to morality”, to “degrade honor” or to be “patently unlawful”, in certain cases. ETHNIC MINORITIES AND GROUPS Over 40 percent of Senegal’s 12.5 million people live in rural areas. The annual rate of urbanization is 3.32 percent. Population density varies depending on the region. According to international surveys, there are over 20,000 refugees in Senegal, most of which are from Mauritania. There are many ethnic groups in Senegal and many languages are spoken. Over 43 percent of the people in Senegal belong to the Wolof ethnic group. Others are the Peul and Toucouleur, Serer, Lebou, Jola, Mandinka, Maures, and Bassari. Approximately 50,000 Europeans and Lebanese reside in Senegal. Most Lebanese work in the commercial sector. 6 The official language is French, which is used regularly by a minority in Senegal. Most people speak an ethnic language and in Dakar, Wolof is widely used. In Ziguinchor, the capital of Casamance, Portuguese Creole is widely spoken. The predominant religion is Sufi Islam, which more than 90 percent