Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/senegal.txt

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TITLE:  SENEGAL HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                            SENEGAL


Senegal is a republic with an elected President, Abdou Diouf,
who has been in office since 1981, and a unicameral legislature
controlled by the President's Socialist Party (PS) since
independence from France in 1960.

The Senegalese armed forces, numbering about 15,000, are
professional and disciplined.  They traditionally remain aloof
from politics.  The paramilitary Gendarmerie reportedly is less
professional and less disciplined.  Police were responsible for
a number of serious human rights abuses during the year.

Senegal is predominantly agricultural.  More than 70 percent of
the labor force is engaged in farming, largely peanut
production.  Since 1983, the Government has pursued a
structural adjustment program intended to reduce the role of
government, encourage the private sector, and stimulate
economic growth.  Nonetheless, the economy remained depressed.
A 50-percent devaluation in January of the CFA (the local
currency pegged to the French franc) has encouraged a
regeneration of tourism and other major exports.

There were, however, serious human rights abuses in 1994
arising from internal political conflict over the 1993
elections, the unresolved case of a judge's assassination in
1993, and a 1994 opposition party meeting which ended in
violence and several deaths, including six policemen.  These
abuses involved the arrest and extended detention of political
opposition figures without serious evidence, the torture of
prisoners by police, and the death of a suspect in police
custody.  Few, if any, police are tried and punished for such
abuses, and none were in 1994.  Other human rights abuses
include restrictions on freedom of association, and domestic
violence and discrimination against women.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom From:

     a.  Political and Other Extrajudicial Killing

There were no reports of political killings, but in one
instance a suspect died in police custody under circumstances
the Government refused to clarify or investigate.  Police
arrested Lamine Samb, a member of the Moustarchidine Islamic
religious sect ("Followers of God") on February 26 and
questioned him in connection with riots in which eight persons
had died.  Samb later died in police custody, following
questioning about the disturbances.  The Government did not
release an autopsy report and stated in response to inquiries
from human rights organizations that it had found no police
responsibility for Samb's death.  It did not state the cause of
death or otherwise clarify the matter.

     b.  Disappearance

There were no reports of politically motivated disappearances.

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

There are credible reports that police tortured many of the 150
persons arrested in February in connection with riots that
erupted following a meeting of Coordination of Democratic
Forces, a coalition of opposition parties.

Parliamentarian Mody Sy, one of several alleged conspirators in
the May 1993 assassination of Constitutional Court Vice
President Babacar Seye, presented credible evidence upon his
release from jail in June that he was subjected to electroshock
torture immediately after his arrest on May 20.  Sy's release
came after a 6-day hunger strike that aggravated an existing
medical condition.

Prisons remain overcrowded, and food and health care are
inadequate.  There have been no reported deaths in prison
caused by these conditions.

     d.   Arbitrary Arrest, Detention, or Exile

Although the Constitution prohibits arbitrary arrest and
detention, there continue to be instances in which police
arrest and detain opponents of the Government, using highly
questionable evidence.  This was the case again in the arrest
and detention of opposition party leaders for crimes against
the security of the State during the February 16 riots.  Police
charged 150 persons arrested on February 24 with threatening
state security during these riots.  They included three sitting
members of the legislature, the head of the Senegalese
Democratic Party (PDS) Abdoulaye Wade, the Secretary-General of
the And/Jef-pads opposition party Landing Savane, Deputy Pape
Omar Kane, Pape Malick Sy, uncle of the jailed Moustarchidine
leader Moustapha Sy, and over 100 supporters of the
Moustarchidine religious sect.  The court never ruled whether
the arrests of the Deputies violated their parliamentary
immunity, which only the National Assembly has the power to
waive.  The State avoided the issue by relying on a law known
as "Flagrant Delit" (caught in the act) which the prosecution
claimed made it unnecessary to waive the deputies' immunity
before charging them.  The defendants remained in jail from
February 18 until July 4.  The Government released them after
they began a hunger strike on June 30 to protest its failure to
set a trial date.  On August 30, the court dismissed charges
against Wade and the five codefendants.  The court ordered that
the case go forward against 25 others who are members of the
Moustarchidine Movement and against Moustarchidine leader
Moustapha Sy (who was in jail on other charges at the time the
riots took place).  The 25 Moustarchidine defendants received
fines of up to $500.  All have been released from prison.

Warrants, issued by judges, are required for arrests.  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 or not to proceed with the case.  If so, it is
forwarded to a judge of instruction who can open an
investigation.  At this point the suspects are preliminarily
charged.  They may be held over without bail or released on
their own recognizance.

The law grants the police broad powers to detain prisoners,
frequently without cause or explanation.  During temporary
detention, the prisoner has no access to family or an attorney,
but is allowed to ask for examination by a medical doctor.
Once a prisoner is charged, both are permitted visits.  Custody
is valid for 6 months, extendable for 6 additional months if
the investigating magistrate certifies that more time is
required.  Extensions of custody are permitted when civil
authorities determine that there is a threat of civil unrest or
that a person is a danger to himself or others.  Such
extensions may be reviewed by a court on appeal from the
accused's attorney.

Such procedures raise serious questions about the presumption
of innocence.  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
against him.  The detention process, however, virtually
presumes guilt.  Police are given the benefit of the doubt and
may detain a prisoner for long periods of time while they
investigate and build a case against him.  The first 6 months
of custody are virtually unchallengeable.  Beyond 6 months, the
accused may appeal to a court to end custody.  Authorities may
and routinely do hold prisoners in custody unless and until a
court demands their release.

Exile is not used as a means of political control.

     e.  Denial of Fair Public Trial

The Constitution calls for a judiciary independent of the
executive, the legislature and the armed forces.  However, low
pay, poor working conditions, and family and political ties
continue to leave magistrates vulnerable to outside pressures.

Except as noted in Section 1.d., defendants are legally
presumed innocent until proven guilty.  Trials are public, and
defendants have the right to be present in court, to confront
witnesses, to present evidence, and to have a defense
attorney.  In practice, however, some defendants are denied
legal assistance at public expense due to lack of funding.
Hearings for evidence can be closed to the public and the
press, as was the case with the March 17 hearings for
opposition leaders Wade and Savane.

A panel of judges presides over ordinary courts.  In criminal
cases, ordinary citizens also serve on the panel.  Three courts
created in May 1992 to replace the Supreme Court remain
understaffed and only partly functional.  There are three other
categories of special courts, two of which have rarely met,
namely the High Court of Justice, created for the sole purpose
of trying senior government officials for treason or
malfeasance, the Court for the Repression of the Unlawful
Accumulation of Wealth, and the Military Court System.
Military courts may not try civilians.  The right of appeal
exists in all courts except military courts and in the special
"Illegal Enrichment" court.

In politically sensitive cases, the Minister of Justice has a
great deal of authority in scheduling trials.  The prosecution
also has a substantial ability to delay cases.

The cases of PDS Deputy Mody Sy and PDS financial counselor
Samuel Sarr, two of the alleged conspirators in the May 1993
assassination of Judge Babacar Seye, are particularly egregious
examples of judicial delay.  Sy and Sarr were jailed in May
1993.  On May 26, 1994, a lower court dismissed charges against
them, along with PDS Secretary-General Abdoulaye Wade, his wife
Viviane, and PDS Deputy Ousmane Ngom.  The Attorney General
appealed the ruling, and, despite constitutional appeals to the
contrary, Sy and Sarr remained in jail awaiting higher court
(Cour de Cassation) review.  They were released from detention
on June 27 after a 6-day hunger strike.  The High Court
affirmed the dismissal of charges on September 6.  The Court
ruled that charges should go forward against Pape Diakhate,
Cleodore Sene, and Assane Diop, the alleged assassins, who have
been in jail since May 1993.  The Court sentenced the three on
October 9 to 18, 18, and 20 years, respectively, at hard labor.

Moustapha Sy, Moustarchidine religious leader, was convicted
for incitement to riot and offenses against the Head of State.
Sy was sentenced to 1 year in prison on January 14 and fined
approximately $4,000.  The incident stemmed from a speech
before a PDS rally in October 1993.  Sy refused to testify at
his trial, charging that he had committed no crime.  Because of
his refusal to appear at trial, Sy's lawyers were barred from
representing him.  President Diouf pardoned Sy on September 12.

There were no political detainees or prisoners at the end of
1994.

     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, particularly in the rural areas.  Normally, search
warrants are required and only judges may issue them.  In
practice, however, searches without warrants occasionally take
place.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

While the Constitution provides for freedom of speech and
press, the press is restricted by laws prohibiting the
expression of views which "discredit" the State, incite the
population to disorder, or disseminate "false news."  For
example, religious leader Moustapha Sy was convicted under this
law on January 1 for statements he allegedly made during a
political meeting (see Section l.e.).

In 1994 numerous daily and weekly independent newspapers
continued circulation unhindered.  A broad spectrum of thought
and opinion is available through regularly published magazines
and newspapers.  Until the debut of Senegal's first independent
radio station, SUD-FM in July, the Government controlled the
broadcast media not through self-censorship but by licensing
arrangements.  Prior to the establishment of SUD-FM, two other
radio stations provided mostly international news.  The
Government continued to operate the country's only television
station.  Two French cable channels offer entertainment but no
local news coverage.

Political views expressed in the independent press are often
critical of the Government and its programs.  Government
officials, politicians, and political parties are not immune.
Publishers are required to register with the Central Court
prior to starting publication, but the Government routinely
approves such registrations.  Publications, including foreign
publications critical of the Government, were neither censored
nor banned.  In fact, the Government interceded to get charges
against the editor of Jeune Afrique magazine dismissed, and a
court-ordered 1-year ban against the journal's distribution in
Senegal overturned.

Academic freedom is respected.

     b.  Freedom of Peaceful Assembly and Association

The Government requires prior authorization for public
demonstrations.  After eight persons died during the February
riots, the Government severely restricted the constitutional
rights of assembly and association, including banning all
activities of the Moustarchidines.  It permitted only two
public demonstrations by political opposition parties since
that time.

Senegalese wishing to form associations must register with the
Ministry of Interior.  Business-related associations are
registered with the Ministry of Commerce.  By law and in
practice, the Ministry of Interior must register such groups so
long as the objectives of association are clearly stated and do
not violate the law.

     c.  Freedom of Religion

Senegal is a secular state, and freedom of religion, a legal
right, exists in practice.  Islam is the religion of 94 percent
of the population, but citizens also practice other religions
freely.  Missionary activity is permitted, and foreign
Christian missionaries are active in several regions of the
country.  Conversion is permitted, and there is no
discrimination against minority religions.

In theory, adherence to a particular religion confers no
official advantage or disadvantage in civil, political,
economic, military, or other matters.  In practice, membership
in an Islamic sect may afford certain political and economic
protection.  The Moustarchidines had supported the Democratic
party, including holding protest marches.

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

The Constitution provides all citizens the right to travel and
establish themselves freely anywhere in Senegal, a right
respected in practice.  Exit visas are not required for travel
outside the country.

There is no restriction on emigration, and repatriates are not
disadvantaged on their return to Senegal.  A Senegalese citizen
by birth may not have his citizenship annulled for any reason.
The Government may revoke the citizenship of a naturalized
citizen if it is proved in a court of law that the person had
obtained citizenship fraudulently or was convicted of a crime
while a citizen for less than 15 years.

Ethnic violence against Senegalese in Mauritania and
Mauritanians in Senegal in 1989 resulted in the suspension of
relations between the two countries and the repatriation of
thousands of Senegalese and Mauritanian nationals.  Senegal
accepted its own nationals and provided asylum to Afro-
Mauritanians expelled by the Government of Mauritania.
Approximately 52,000 refugees from Mauritania remain in
Senegal.  Of this number, several thousand circulate freely,
and the majority have settled along the bank of the Senegal
River on the border of the two countries.

Refugees have freedom of movement and are not subject to forced
repatriation.  While relations between the Governments of
Senegal and Mauritania were reestablished and borders reopened
in 1992, the two countries had not resolved the issue of
voluntary repatriation for Mauritanian refugees by year's end.
Most of the 13,600 Senegalese refugees in Guinea-Bissau who
fled the violence in the Casamance region of Senegal have been
able to remain in Guinea-Bissau due to economic and ethnic
integration, while observing whether the Casamance peace will
endure.  About half of the nearly 3,500 Senegalese refugees who
fled to the Gambia have returned to the Casamance region.

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

Senegalese 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--has called into question the extent
to which citizens can exercise that right.

The PS holds 84 of the 120 Assembly seats, and the PDS 27.
Four other opposition parties divide the remaining nine seats.
The 1992 Electoral Code introduced the secret ballot and
lowered the voting age to 18 years.  In August the National
Assembly approved changes to the Electoral Code that eliminated
"Ordonnances," a much-abused process that allowed individuals
to vote who, among other things, claimed their identification
cards had been lost or stolen.

There are no legal impediments to women's participation in
government and politics, but several de facto impediments
exist.  Only 2 of the 29 ministers who make up the President's
Cabinet are women.  There are no women heading political
parties, and only 9 deputies in the 120-member National
Assembly are women.  Their lower representation reflects not
only disparity in education (see Section 5), but also cultural
pressures, since ministers appointed by the President and
Deputies owe their election to the National Assembly to their
ranking on party voting lists.

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

There are at least eight local human rights associations.  All
are free to criticize the Government publicly.  The Government
allows international human rights groups to investigate
allegations concerning human rights abuses and generally
responds to requests for information about allegations.

However, the Government still failed to undertake a formal
investigation after Amnesty International asked it to look into
the May 1993 charges by Mody Sy that he was tortured after
arrest (see Section l.c.).  In response to an Amnesty
International inquiry into the death of Lamine Samb while in
custody, the Government denied responsibility (see Section l).

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."  Officially, there is no discrimination based on race,
religion, sex, or language, but de facto discrimination against
women is pervasive.

     Women

Despite constitutional provisions, women face extensive
societal discrimination, especially in the rural areas where
Islamic and Senegalese customs, including polygyny and Islamic
rules of inheritance, are strongest and where women are
confined to traditional roles.  There is no legal
discrimination against women in the law of inheritance.  In the
countryside, women perform much of the subsistence farming and
child-rearing and have only very limited educational
opportunities.  Traditional practices, for example, make it
difficult for women to acquire sufficient collateral to obtain
bank credit.  According to a U.N. study, only 20 percent of
women are in paid employment.  Women usually marry young (the
majority by age 16 in rural areas), average seven live births,
and die relatively young.  About half of all Senegalese women
live in polygynous unions.  Despite Government encouragement,
there is still much discrimination against females in
educational opportunities.  Overall, females receive less than
one-third the schooling received by males.

In urban areas, women are active in government, political life,
and business--although few are in top positions.  The
Government has made some efforts to increase respect for
women's legal rights to divorce, alimony, child support, and
employment, but it still does not enforce these rights
effectively, particularly in rural areas.  In general, women
receive equal pay for equal work.

There are credible reports that violence against women, usually
wife beating, is common, particularly in rural areas.  Police
do not normally intervene in domestic disputes, and women are
reluctant to go outside the family for redress.  Rape is viewed
as a very serious crime, and rape cases that come to trial have
produced convictions.  The law stipulates that persons
convicted of rape may be imprisoned up to 10 years, and more if
the victim is a minor.

     Children

The Ministry of Women, Children, and the Family, established in
1990, has the responsibility for promoting children's welfare.
Organizations active in support of children's rights include
UNIFEM, the Senegalese Association for Education and the
Promotion of Human Rights, and the Inter-African Committee on
Traditional Practices Affecting the Health of Women and
Children.

There are no laws or regulations prohibiting female genital
mutilation (FGM), which has been condemned by international
experts as damaging to both physical and psychological health.
FGM is not practiced by Senegal's largest ethnic group, the
Wolofs, but it is performed on girls belonging to other ethnic
groups.  According to an independent expert, the percentage of
girls who have undergone this procedure may be as high as 50
percent.  Infibulation, the most extreme and dangerous form of
genital mutilation, is practiced by the Toucouleur and Peulh
ethnic groups.  Perhaps 6 percent of women have undergone this
procedure.  Among its other activities, the Ministry of Women,
Children, and the Family promotes programs to educate women to
the dangers of genital mutilation.

     People with Disabilities

There is no overt discrimination against the handicapped.  In
practice, persons with physical disabilities are unable to
participate in almost all mainstream occupations due to
physical barriers and lack of equipment that would make such
participation possible.  There are no laws or regulations that
mandate accessibility.

Section 6  Worker Rights

     a.  The Right of Association

All workers have the right of association and are free to form
or join unions.  A minimum of seven persons, each having worked
within the trade for at least 1 year, may form a trade union by
submitting a list of members and a charter to the Ministry of
Interior.  Not all unions, however, succeed in gaining
recognition, and the Ministry may disband a union if its
activities deviate from its charter.  The Labor Code does not
apply to the informal and agricultural sectors.

Although unions sometimes fail to obtain initial recognition,
once received, the Government virtually never withdraws it.
Even though 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 3.9
million is almost totally unionized.  The only union in the
agrarian sector is one representing the workers employed at the
Senegalese Sugar Company.

The National Confederation of Senegalese Workers (CNTS), the
largest union organization, has close ties to the ruling PS,
and union members hold a considerable number of government
positions as well as 12 of the PS seats in the National
Assembly.  While ostensibly an independent organization, the
umbrella CNTS has supported Government policies.

The rival to the CNTS is the National Union of Autonomous Labor
Unions of Senegal (UNSAS).  The UNSAS is a federation of
strategically important unions, such as those of electricians,
telephone and telegraph workers, teachers, water technicians,
hospital and railroad workers, and sugar producers.  The UNSAS
reportedly has no specific political orientation.

The Constitution and the Labor Code provide for the right to
strike, but with restrictions.  Unions representing members of
the civil service must request permission to strike 1 month in
advance, and private sector unions must request permission 3
days in advance.  The Government has the right to approve or
disapprove a strike request.  Separate strikes by the Union of
University Professors and the Students' Union led to the
Government's decision to invalidate the 1993-4 academic year at
the University of Dakar.

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.  The UNSAS is not so
affiliated.

     b.  The Right to Organize and Bargain Collectively

Unions have the right by law 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 forcibly discouraged from exercising the right to
organize and bargain collectively.  The Ministry of Labor can
intervene in disputes between labor and management if
requested, and plays a mediation and arbitration role in the
private and state enterprise sectors.

Labor laws apply in principle to all industrial firms,
including those in the export free zone in Dakar.  However,
firms operating in the free zone and those eligible for
benefits under the investment code enjoy certain exceptions to
the Labor Code.  Unlike other businesses in the formal sector,
these firms do not need prior government authorization to
dismiss employees, and they may hire workers on renewable
temporary contracts for a period of up to five years.

     c.  Prohibition of Forced or Compulsory Labor

There were no reports of forced labor, and it is prohibited by
law.

     d.  Minimum Age for Employment of Children

The minimum age for employment is 16 years for apprenticeships
and 18 for all other types of work.  Ministry of Labor
inspectors closely monitor and enforce these restrictions
within the formal wage sector, which includes state-owned
corporations, large private enterprises, and cooperatives.

On the other hand, children under 15 frequently work in the
much larger traditional or informal sector, 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 Ministers of
Labor and Finance determine wage rates after negotiating with
the unions and management councils.  The minimum hourly wage of
less than $0.50 (about 200 CFA) is not adequate to support a
worker and family.  Following the devaluation of the CFA franc
in January, unions and Government failed to reach an agreement
on an increase in the minimum wage.  Other salaries, depending
on the sector and level, were increased by 10 to 30 percent.

Within the formal economic sector, the law mandates: a standard
workweek of 40 to 48 hours for most occupations, with at least
one 24-hour rest period, 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 but are
supervised by inspectors from the Ministry of Labor.
Enforcement, however, appears to be uneven, especially outside
the formal sector.

There are no explicit legal protections for workers who file
complaints about unsafe conditions.  While there are legal
regulations concerning workplace safety, government officials
do not often enforce them.