Human Rights in Senegal

HUMAN RIGHTS IN SENEGAL

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.

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.

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.

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 of the population practices.

These are organized around Sufi Islam brotherhoods headed by a khalif. The most prominent orders are the Tijaniyya and the Muridiyya. Christians are the remaining 10 percent, which includes Roman Catholic and Protestants. A small number of the population follows indigenous religions. These indigenous beliefs are often incorporated into Muslim or Christian practices.

There is also an active Baha’i community.

HUMAN RIGHT DEFENDERS IN SENEGAL

There are several human right defenders in Senegal with different mandates and programmes.

Let’s take a look at some of these organizations. One of the foremost human right defenders in

Senegal is Christian Action for the Abolition of Torture-Senegalese Section). A group of

Christians of all denominations, believing that torture is a very human rights serious violation, and one that is difficult to monitor, came together to advocate for the protection human rights in general, and especially, for the right to be free from torture. Action des Chrétiens pour l'Abolition de la Torture-Sénégal (ACAT-Sénégal) is the Senegalese affiliate of an international federation of similar groups. Other affiliates are in Togo and Benin. Despite the fact that the government had not yet approved its application for NGO status, ACAT-Sénégal was operating as of early March

1994. The mandate is to monitor and protect against violations of the individual right to be free

7 from torture. The programme of ACAT-Sénégal includes the following; dissemination of information on torture in the media, embarking upon sensitization programmes, publishing bulletins on issues of torture; and holding seminars and conferences on torture.

Another human right organization in Senegal is The Association of Young Senegalese

Lawyers(AJAS). It was registered as an NGO in 1976 and is an affiliate of the Association des

JeunesAvocats de l'Afrique de l'Ouest. The mandate of AJAS is: to reform the legal profession; to promote the interest of young lawyers, and to protect human rights. AJAS has carried out "legal tours" of the regions of Senegal. During the tours, AJAS uses the radio to disseminate information on legal rights, organizes seminars, provides free legal consultation, visits prisons, and takes cases of pre-trial detainees to court.

Association des JuristesSénégalais(Association of Senegalese Lawyers) is another human rights organization established in 1976 a group of women to protect the rights of Senegalese women. The main element of the Association's mandate is to assist in the protection of the rights of women.

The organization is also an integral part of a pan-African organization of jurists. The Association has taken up cases in which women have no means of engaging the services of a lawyer. It has also embarked upon educational programmes to sensitize women about their rights.

Association Sénégalaise de Droit du Travail et de la Securité Social(Senegalese Association on the Right to Work and Social Security) defends human right and it was established by a group of scholars, jurists, magistrates, social workers, and senior administrators because protection of civil and political rights had received priority over protection of economic, social and cultural rights.

The Association was registered as an NGO in 1993. TheAssociation's objectives are to: carry out

8 scientific research on the right to work and social security, make information available on these two rights and work towards the application of the research findings.

TORTURE AND ILL-TREATMENT IN CUSTODY

According to Country Report on Human Rights Report Practices (2017), the constitution and law prohibit torture and other inhuman treatment and punishment. However, there are differences between what the law says and what is being practiced. Human rights organizations have noted examples of physical abuse committed by law enforcement, including excessive use of force as well as cruel and degrading treatment in prisons and detention facilities. In particular, they criticized strip search and interrogation methods. Police reportedly forced detainees to sleep on bare floors, directed bright lights at them, beat them with batons, and kept them in cells with minimal access to fresh air. The government claimed these practices were not widespread and that it usually conducted formal investigations into allegations of abuse. Investigations, however, often were unduly prolonged and rarely resulted in charges or indictments.

As of October 23, the United Nations reported that it had received one allegation of sexual exploitation and abuse against Senegalese peacekeepers during the year. The allegation of transactional sex was made against 14 members of the Senegalese Formed Police Unit serving with the UN Organization Stabilization Mission in the Democratic Republic of the Congo

(MONUSCO); the incidents were alleged to have taken place between November 2016 and March

2017. As of October 23, the investigation was pending identification of the personnel involved.

As an interim measure, the UN suspended payments to Senegal for the 14 members of the

Senegalese Police Unit serving with MONUSCO who are under investigation.

CONCLUSION

Senegal is one of the most developed countries in Africa but despite this, there are still some areas where the fundamental human rights should be addressed. Like with most developing countries there is a disconnect between the constitution and the reality on the ground. One of the most worrisome issue in the constitution of Senegal noticed by PFIF is the fact that the rights of gay are not recognized and that they are liable to be fined and sent to prison. In the 21st century, this should not be so.

The rights of women and children are very important to the growth of any given nation. For a nation to progress there should be gender equity, but the reality is very different in Senegal. PFIF noticed that child labor is also one of the disheartening events that Senegal is known for.

Furthermore, there should be a strong divide between the political leaders and the religious leaders.

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 harmonious with human rights standards and the interests of human rights advocates.

However, there is room for improvement and the development of each nation will take place as soon as its people start agitating for an improvement in their social, economic and political life.

The recommendations below are ways through which the fundamental human right of the nation can be improved.

RECOMMENDATIONS

Fundamental human rights should be respected in every country. While the constitution of Senegal protects the fundamental human rights of its citizens, there is a gap between what is written and what is practiced. On the basis of this, the following recommendations are made by PFIF;

• 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 should be

abolished.

• Women are one of the most vulnerable groups in terms of human rights. According to the

Senegalese constitution, women and men are equal, but traditional values and customs

prevent real development of women's rights. Women also do not have the same rights to

inheritance and land/property ownership. Efforts should be made to put the constitution

into practice and the traditional laws abolished.

• Children are also suffering from a spectrum of human rights violations. A large number

are forced into begging and other forms of child labor. The Committee on the Rights of the

Child expressed after its review of Senegal in 2006 concern over the growing number of

begging street children and so-called "talibé. Child labor should be abolished and made a

punishable offense both in the constitution and in practice.

REFERENCES Africa.com Contributor (2017) https://www.africa.com/heres-what-you-need-to-know-about-senegal/ https://www.britannica.com/place/senegal

Country Reports on Human Rights Practices (2017) https://www.state.gov/documents/organization/277237.pdf

Amnesty International (2018). Report on Senegal https://www.amnesty.org/en/countries/middle-east-and-north-africa/senegal/report-senegal/