U.S. Department of State Country Report on Human Rights Practices 1997 - Senegal

Released by the Bureau of Democracy, Human Rights, and Labor, January 30, 1998.

SENEGAL

Senegal is a republic with an elected president, Abdou Diouf, who has been in office since 1981, and a unicameral legislature dominated by the President's Socialist Party (PS) since independence from France in 1960. During the year, the Government installed new decentralized regional and local administrations. The stability brought about by the entry of the principal opposition party into government in 1995 continued, with the smaller parties choosing to remain in government while contesting the elections. A renewal of fighting in the Casamance area in the southern part of the country between the Government and the secessionist Movement of Democratic Forces in the Casamance (MFDC) caused many civilians to flee their villages. MFDC rebel forces reportedly were responsible for killings, disappearances, and torture. The judiciary is independent, although subject to governmental influence and pressure. The armed forces are professional and generally disciplined. They traditionally remain aloof from politics and are firmly under civilian control. The paramilitary gendarmerie and the police are less professional and less disciplined. Some members of the gendarmerie and the police continued to commit serious human rights abuses. Senegal is predominantly agricultural with more than 70 percent of the labor force engaged in farming, largely peanut production. Since the devaluation of the cfa franc in 1994, the Government implemented a series of economic policy reforms to enhance competitiveness and is phasing out most qualitative restrictions on imports, dismantling monopolies, liberalizing the labor market, and privatizing several important state-owned industries. Supported by the international donor community, Senegal remains dependent on foreign assistance as an important part of its national budget. The Government generally respected the human rights of its citizens, however, there were serious problems in some areas, particularly reports of extrajudicial killings and disappearances, torture by police of suspects during questioning, arbitrary arrest, and lengthy pretrial detention. The Government tried or punished no military, gendarmes, or police for previous human rights abuses. A National Observatory of Elections was created in August; its effectiveness is expected to be tested during the national parliamentary elections in May 1998. The Socialist Party's continued domination of Senegalese political life calls into question the extent to which citizens can meaningfully exercise their right to change the government. Poor prison conditions, a judiciary subject to government influence and pressure, domestic violence and discrimination against women, some abuse of children, child labor, and mob violence are also problems.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, IncludingFreedom From:

a. Political and Other Extrajudicial Killing

While there were no confirmed reports of political or extrajudicial killings by government officials during the resurgence of violence in the southern Casamance region, government forces were suspected of responsibility for many civilian deaths. In August a leader of the MFDC, Sarani Badiane, was found murdered near Ziguinchor. While no group has claimed responsibility for the killing and no direct proof of guilt has emerged, the Senegalese human rights organization African Meeting for the Defense of Human Rights (RADDHO) and Amnesty International (AI) attributed responsibility for Badiane's death to the Government. A report by AI issued in September alleged tens of civilian deaths in the Casamance. A report by RADDHO released in the same month listed 16 individuals including Sarani Badiane, who had been killed in the conflict. Of the 16, RADDHO stated that 3 were killed by the army and 12 by the MFDC. On December 30, three relatives of MFDC military leader Salif Sadio and one other person were murdered by unknown persons. Guerrillas of the rebel Movement of Democratic Forces of the Casamance (MFDC) were suspected of being responsible for killing many civilians during the fighting in the Casamance. The RADDHO report listed 12 individuals killed by the MFDC. One person in the RADDHO report was listed as killed by unidentified armed elements. In addition RADDHO reported the massacre of four members of an unnamed family in Mandina Wandifa in September, but did not identify the perpetrators. On many occasions in other parts of the country, vigilante groups and mobs lynched suspected thieves. In August a wave of hysteria about the theft of male sexual organs resulted in the deaths of 30 people from mob violence.

b. Disappearance

A report by AI in September alleged 30 disappearances in the Cassamance. The RADDHO report released in September listed six individuals who allegedly disappeared while in the custody of the armed forces.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The report by RADDHO of alleged human rights violations in the Casamance issued in September accused the armed forces and the MEDC of torture. RADDHO identified two victims who survived such torture, as well as two other persons (including Sarani Badiane) who allegedly were tortured first and then killed. There are credible reports that police and gendarmes often beat suspects during questioning and pretrial detention, in spite of constitutional prohibitions against such treatment. Torture perpetrated by police, usually beatings, remains an embarrassing public issue, and is regularly reported in the press. Two police officers arrested in 1996 for torturing a suspect by spraying paint thinner on his buttocks and igniting it were still on bail pending trial at year's end. In 1996 the Government proposed and Parliament strengthened legal provisions forbidding torture which came into effect in August. Prison conditions are poor. Prisons remain overcrowded, and food and health care are inadequate. However, there have been no reported deaths in prison due to these conditions. The Government permits visits by government, nongovernmental, and international human rights monitors.

d. Arbitrary Arrest, Detention, or Exile

The Constitution prohibits arbitrary arrest and detention; however, authorities at times violate these constitutional prohibitions. The law specifies that warrants, issued by judges, are required for arrests. However, laws also grant the police broad powers to detain prisoners for lengthy periods of time. Police may legally hold without charge a person suspected of a crime for 48 hours after arrest and for up to 72 hours if ordered by a public prosecutor. This period may be doubled in the case of crimes against the security of the state. The prosecutor decides whether to forward the case to an investigating judge who may open an investigation. At this point, the suspects are preliminarily charged and may be held or released on their own recognizance. There is a system of bail, but it is rarely used. During temporary detention, the accused has no access to family or an attorney but has the right to demand a medical exam. Once charged, a prisoner is permitted visits by both family and legal advisors. The accused may be held in custody for 6 months, and the investigating magistrate can certify that an additional 6-month extension is required. Such extensions may be reviewed by a court on appeal from the accused's attorney. Police are rarely prosecuted for violations of arrest and detention procedures, and the authorities may detain a prisoner for long periods of time while they investigate and build a case against a suspect. The authorities may and routinely do hold prisoners in custody unless and until a court demands their release. Despite the 6-month limitations on detention, the time between the charging phase and trial averages 2 years. In an effort to improve the administration of justice, the Government recruited 48 law school graduates to be trained as magistrates over a period of 2 years. Approximately 150 suspected MFDC members remained in political detention at year's end. The Constitution prohibits exile, and it is not used.

e. Denial of Fair Public Trial

The Constitution provides for a judiciary independent of the executive, the legislature, and the armed forces. However, magistrates are vulnerable to outside pressures due to low pay, poor working conditions, and family and political ties. Also, the Minister of Justice and subordinate authorities have extensive authority to influence judicial procedures, e.g., in keeping the accused in pretrial detention. In June the Court of Appeals upheld a lower court decision fining Sud Communication, a privately owned media group, an unprecedented, punitive $1 million for defamation. Sud Communication is appealing the decision to the Court of Appeal. The legal system is based on French civil law and is composed of ordinary courts and a number of higher and special courts, including the three created in May 1992 to replace the Supreme In principle the accused is innocent until proven guilty, and when brought to trial it is the State's burden to prove that the accused is guilty of the charges. Trials are public, and defendants have the right to be present in court, to confront witnesses, to present evidence, and to have an attorney. In practice, however, some defendants are denied legal assistance at public expense due to lack of funding. Evidentiary hearings may be closed to the public and the press, but the defendant and his lawyer have access to all evidence presented and can introduce their own evidence before the investigating judge decides to refer the case to the prosecutor for trial. A panel of judges presides over ordinary courts for both civil and criminal cases; in criminal cases citizens also serve on the panel. There were no reports of political prisoners.

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

The Constitution prohibits arbitrary invasion of the home, and there was little government interference in the private lives of citizens. The law requires search warrants, and only judges may issue them. During high-profile or politically charged investigations, police often proceed without the required search warrants. During the first part of the year, a cease-fire was in effect between the Government and the MDFC. However, beginning in July, a series of violent clashes caused many civilians to flee their homes in the Casamance.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution provides for freedom of speech and the press, and the Government generally respects these rights in practice. Laws prohibit the press from the expression of views that discredit the State, incite the population to disorder, or disseminate false news. In June the Dakar Prosecutor General charged the publisher and three journalists of Sud Quotidien, a privately owned daily newspaper, with disseminating false news and insulting the Head of State. The paper had criticized President Diouf for attempting to influence the judiciary by holding a nationally televised awards ceremony to honor two businessmen 5 days before the Court of Appeals was due to return its decision on a prior defamation case those businessmen had brought against the newspaper's parent company, Sud Communication. At year's end, the journalists are free on bail pending their trial. A broad spectrum of thought and opinion is available to the public through regularly published magazines and newspapers, including foreign publications, and numerous independent radio stations. Political and economic views expressed in the independent press are often critical of the Government and its programs. While publishers are required to register prior to starting publication, the Government routinely approves such registrations. A government monopoly controls local television, an important source of news. French-owned pay television is available but offers no local news. In August the Government suspended the operation of three independent radio stations for nonpayment of licensing fees in arrears to the state radio and television company. Although a competitor of the private companies, the state radio and television company retains a monopoly in the allocation of frequencies and licensing of independent radio and television stations. Independent radio operators claim that the legal obligation of private stations to pay fees to the state company infringes on the principle of free competition. Although they had previously agreed to pay the fees, the private companies also argued these were unreasonably high. The stations returned to the air upon payment of the arrearages. In December a new independent radio station owned by the newspaper Wal Fadjri began broadcasting. The British Broadcasting Corporation and Radio France Internationale also opened radio stations during the year. Academic freedom is respected.

b. Freedom of Peaceful Assembly and Association

The Constitution provides for these rights, and the Government generally respects them in practice. The Government requires prior authorization for public demonstrations, which it usually grants. Meetings by students on the academic campus of the University in Dakar are informally banned, but this prohibition does not extend to the dormitory areas of the campus or to the University in Saint-Louis. During the year, the Government from time to time denied authorization for public demonstrations by unions or political parties. In May the Government refused to permit one march by a labor union controlled by the Party of Independence and Labor (PIT). In March police forcibly dispersed a peaceful rally held by students on the capital's university campus. Police raided students' dormitories, beat residents, and detained dozens of them for short periods of time. Government authorities harassed a dissident faction within the ruling Socialist Party (PS), the Current of Democratic Renewal. The city of Dakar refused to allow the group to hold its first rally in the main square. In November government officials persuaded managers of two Dakar hotels not to allow the dissidents to hold a news conference in their buildings. At the same time, the police questioned the group's leaders about their compliance with a ban on their political activities imposed by the PS. Authorities also broke up a dissident rally in Kaolack in November. The official explanation that the PS had scheduled a rally for the same place was put into question when a PS leader in Kaolack told a radio interviewer the Current of Democratic Renewal would never be allowed to hold a rally in his town. Citizens wishing to form associations must register with the Ministry of Interior. Business-related associations register with the Ministry of Commerce. By law and in practice, the Ministry of Interior must register such groups so long as the objectives of the association are clearly stated and they do not violate the law.

c. Freedom of Religion

The Constitution provides for freedom of religion, and the Government respects this right in practice.

d. Freedom of Movement Within the Country, Foreign Travel Emigration, and Repatriation

The Constitution provides for these rights, and the Government generally respects them in practice. Certain public employees must obtain government approval before departing the country. Although the leader of the MFDC, Abbe Augustine Diamacoune Senghor, remained free from house arrest, his movements were controlled by the Government. The Government reportedly blocked a trip by Diamacoune to France to meet with the leader of the MFDC's external wing to coordinate policy in peace talks with the Government. After the killing of Sarani Badiane in August, two of Diamacoune's remaining lieutenants sought refuge with Diamacoune who remains in government custody at a church in Ziguinchor. The Government did not attempt to hinder their joining Diamacoune, but in October expelled them from Diamacoune's quarters. In December immigration officials refused to allow Djibo Ka, the leader of the dissident Current of Democratic Renewal faction of the PS, to board a flight to Paris, claiming that Interior Minister Abdourahime Sow had summoned him. Ka left the country the day after meeting with Sow and returned without incident. Since 1989 as a country of first asylum, Senegal has hosted Mauritanian refugees who reside primarily in villages located along the length of the border with Mauritania. The Government cooperates with the United Nations High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing assistance for refugees. The UNHCR reported no significant protection problems for refugees during the year and began to reduce its assistance to the Mauritanian refugees as they became more self-sufficient, and either returned to Mauritania or integrated into Senegalese society. No repatriation agreement exists between the Government and the UNHCR, but the Government announced its willingness to cooperate with a formal repatriation program directed by the UNHCR. A number of refugees have returned to Mauritania and current UNHCR estimates put the refugee population at 55,000. There were no reports of forced return of persons to a country where they feared persecution.

Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government

Citizens have the constitutional right to change their government through periodic multiparty elections. However, the Socialist Party's domination of political life--it has held power since independence--and irregularities and fraud in elections have called into question the extent to which citizens can meaningfully exercise this right. The PS holds a 73 percent majority in Parliament with 88 parliamentary seats, 2 more than in 1995 due to opposition member defections. The opposition holds 32 seats. There are 27 legal parties. Five members of the leading opposition party, the Senegalese Democratic Party (PDS), and 4 independent or minor opposition members are in President Diouf's 33-member cabinet. In January new regional and local councils created by the law on decentralization of internal administration assumed office. The PS gained control of the 10 newly created regional governments, while opposition parties won seats in all local governments. Following serious allegations of fraud and many serious procedural and other irregularities in the 1996 regional and local elections, an alliance of as many as 19 opposition parties demanded the creation of an independent national electoral commission, a demand that the PS rejected. In February President Diouf set up a consultative forum of all parties to work out proposals for electoral reform. When the parties failed to reach a compromise, the President made his own proposal in August to create a National Observatory of Elections (ONEL). Later in August, the National Assembly adopted this proposal with a number of amendments from the opposition. The National Observatory of Elections (ONEL) created by the new law is to supervise and oversee the elections. The ONEL is an independent oversight body empowered to order bureaucrats to obey the law and to take legal action against individuals and parties who violate the law. The Interior Ministry, however, remains responsible for the actual organization and implementation of the elections. A newly created General Directorate of Elections within the Ministry of the Interior is to centralize the hitherto dispersed responsibility for administering elections. The overwhelming majority of opposition leaders regard the reform as a significant step toward greater electoral transparency. Women are underrepresented in the political process. While there are no legal impediments to their participation in government and politics, cultural and education factors hamper them. Only 3 of the 33 ministers who comprise the President's Cabinet are women, and there are only 2 women in the 19-member Economic and Social Council, the Government's quasi-policymaking body. Women won two mayoralty elections and one rural commune in the November 1996 local elections. No women head political parties, and only 14 female Deputies hold seats in the 120-member National Assembly. Women's lower representation reflects not only disparity in education (see Section 5), but also cultural pressures. In addition political parties often rank women low on party lists, making it difficult for them to be elected to the National Assembly or to be appointed ministers.

Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A wide variety of human rights groups operate without government restriction, investigating and publishing their findings on human rights cases. Government officials are generally cooperative and receptive to their views. In March the Government enacted a law to strengthen the National Committee on Human Rights. The Committee includes members from the Government and civic organizations, including private human rights groups. It may on its own initiative, among other actions, investigate human rights abuses, including torture, but did not investigate any cases of abuse in 1997.

Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status

The Constitution states that men and women shall be equal in law and prohibits discrimination based on race, religion, sex, class, or language. However, de facto discrimination against women is pervasive, and the Government frequently does not enforce antidiscrimination laws.

Women

There are credible reports that violence against women, usually wife beating, is common, particularly in rural areas. Police do not usually intervene in domestic disputes, and most people are reluctant to go outside the family for redress. The law and society view rape as a very serious crime, and the law stipulates that persons convicted of rape may be imprisoned for up to 10 years. If the victim is a minor, her age is considered an aggravating circumstance. Rape trials often result in convictions. Despite constitutional protections, women face extensive societal discrimination, especially in rural areas where Islamic and Senegalese customs, including polygyny and Islamic rules of inheritance, are strongest, and women are generally confined to traditional roles. In the countryside, women perform much of the subsistence farming and child rearing and have limited educational opportunities. Although the Government has committed itself to equalizing male/female primary school enrollment, there is still much social and official discrimination against women in educational opportunities. Only 23 percent of females over 15 years of age are literate, while the rate for males over age 15 is 30 percent. According to the U.N. only 20 percent of women are engaged in paid employment. Traditional practices, moreover, make it difficult for women to obtain bank credit. Women usually marry young (the majority by age 16 in rural areas), and average 6 live births (down from 7 in 1995). About half of all women live in polygynous unions. In urban areas, women encounter somewhat less discrimination and are active in government, political life, the legal profession, and business. About 14 percent of lawyers are women. Urban women are more likely to take advantage of the Government's efforts to increase respect for women's legal rights to divorce, alimony, and child support, and to seek education and employment. In general urban women receive equal pay for equal work.

Children

The Ministry of Women, Children, and the Family, established in 1990, is responsible for promoting children's welfare. Numerous organizations assist the Ministry in support of children's rights, including the Ministry of Health, which maintained a nationwide effort focusing on child survival. Organized street begging by children who are Koranic students results in a significant interruption of their education. The Government continues to increase the number of classrooms and encourage more children, particularly females, to enter and stay in school. There are no laws or regulations concerning female genital mutilation (FGM), which is widely condemned by international health experts as damaging to both physical and psychological health. However, the Ministry of Women, Children, and the Family sponsors programs to educate women to the dangers of FGM. FGM is not practiced by Senegal's largest ethnic group, the Wolofs (representing 43 percent of the population), but it is performed on girls belonging to some other ethnic groups. Infibulation, the most extreme and dangerous form of FGM, is practiced by members of the Toucouleur and Peulh ethnic groups, particularly those in rural areas. Unsubstantiated recent studies estimate that between 5 and 20 percent of females undergo the procedure. In July the village of Malicounda Bambara decided to ban FGM among its 3,000 inhabitants despite strong support for the practice by the predominant group in the village, the Bambara. The local religious leader endorsed the villagers' decision. In November President Diof publicly endorsed this decision and called for debate in every village on ending FGM.

People With Disabilities

There is no official discrimination against disabled persons. There are no laws that mandate accessibility for the disabled, and in practice most persons with disabilities are generally unable to participate in many occupations due to physical barriers and a lack of equipment and training opportunities that would make such participation possible.

Religious Minorities

Approximately 92 percent of the population are Muslim. There are small Christian (2 percent) and indigenous (6 percent) religious communities. Officially, adherence to a particular religion confers no advantage or disadvantage in civil, political, economic, military, or other matters. In practice, however, membership in an Islamic subgroup may afford certain political and economic protections and advantages.

Section 6 Worker Rights

a. The Right of Association

The Constitution and the Labor Code provide all workers with the right of association, and they are free to form or join unions. Any group of workers in the same occupations, similar trades, or the same professions may form a union. While the Ministry does not always grant initial recognition to a union, once it gives recognition, the Ministry virtually never withdraws it. It may, however, disband a union if its activities deviate from its charter. The Labor Code does not apply to the informal and agricultural sectors where most people work. Although they represent a small percentage of the working population, unions wield significant political influence because of their ability to disrupt vital sectors of the economy. The small industrial component of the total work force of 4 million is almost totally unionized. The only union in the agrarian sector is one representing workers at a privately owned sugar company. Some farmers are organized into the National Farming Association, an advocacy organization. The National Confederation of Senegalese Workers (CNTS), the largest union organization, has close ties to the ruling Socialist Party, and union members hold a considerable number of government positions. One is a PS minister, and four others hold PS seats in the Parliament. While ostensibly an independent organization, the umbrella CNTS consistently supports government policies. The rival to the CNTS is the National Union of Autonomous Labor Unions of Senegal (UNSAS). UNSAS is a federation of strategically important unions such as those of electrical workers, telecommunication workers, teachers, water technicians, and hospital, railroad, and sugar workers. The Constitution and the Labor Code provide for the right to strike, but with restrictions. Unions representing members of the civil service must notify the Government of their intent to strike no less than 1 month in advance, and private sector unions must make a similar notification 3 days in advance. The Government or the employer can use the time to seek a settlement to the dispute but cannot stop the strike. There were numerous legal--but no illegal--strikes this year. Regulations prohibit employers from retaliating against legal strikers, and these regulations are enforced through the Labor Court. The Labor Code permits unions to affiliate with international bodies. The CNTS is active in regional and international labor organizations and is the dominant Senegalese member of the Organization of African Trade Union Unity.

b. The Right to Organize and Bargain Collectively

The law provides unions with the right to organize and to bargain collectively, and these rights are protected in practice. There are also legal prohibitions governing discrimination by employers against union members and organizers. Employers found guilty of antiunion discrimination are required to reinstate workers. There were no known instances in which workers were prevented from exercising the right to organize and bargain collectively. The Ministry of Labor can intervene in disputes between labor and management if requested, and it plays a mediation role in the private and state enterprise sectors. Labor laws apply to all industrial firms including those in the Dakar Industrial Free Trade Zone.

c. Prohibition of Forced or Compulsory Labor

There were no reports of forced labor, which is prohibited by law. The Constitution prohibits child labor of all kinds, and the Government enforces this ban in the formal sector. There is no evidence that forced or bonded child labor takes place in the informal or agricultural sectors.

d. Status of Child Labor Practices and Minimum Age for Employment

The Government has written a ban on child labor of all kinds into the Constitution. The Government enforces this ban in the formal sector, which is under the purview of the labor law. There is no evidence that forced or bonded child labor takes place in the informal or agricultural sectors (see Section 6.c.). However, in lieu of being able to attend school, many children work in their family's fields. The minimum age for employment is 16 years for apprenticeships and 18 for all other types of work. Inspectors from the Ministry of Labor closely monitor and enforce these restrictions within the small formal wage sector, which includes state-owned corporations, large private enterprises, and cooperatives. However, children under the age of 16 frequently work in the much larger traditional or informal sectors, such as family farms in rural areas or in small businesses, where the Government does not enforce minimum age and other workplace regulations. e.` Acceptable Conditions of Work Legislation mandating a monthly minimum wage has been in force since the country's independence in 1960. The Ministries of Labor and Finance determine wage rates after negotiating with the unions and management councils. The minimum wage of less than $.34 (209.1 cfa francs) per hour is not adequate to support a worker and a family. Within the formal sector, the law mandates: a standard workweek of 40 to 48 hours for most occupations, with at least one 24-hour rest period and 1 month per year of annual leave; enrollment in government systems for social security and retirement; safety standards; and a variety of other measures. These regulations are incorporated into the Labor Code and are supervised by inspectors from the Ministry of Labor. However, the authorities' enforcement is uneven, especially outside the formal sector. There is no explicit legal protection for workers who file complaints about unsafe conditions. While there are legal regulations concerning workplace safety, government officials do not often enforce them. In theory workers have the right to remove themselves from unsafe working conditions, but in practice the right is seldom exercised in circumstances of high unemployment and a slow legal system.
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