Country Report on Human Rights Practices for 1989
SENEGAL
Senegal is a republic with an elected president, unicameral
legislature, and governmental institutions modeled on French
lines. Although Senegal has 17 legal political parties, the
Socialist Party has dominated the political scene and
controlled the Government since independence from France in
1960. Prime Minister Abdou Diouf automatically succeeded the
retiring President Leopold Senghor in January 1981. Diouf was
elected President in his own right in the regularly scheduled
elections 2 years later, and his Socialist Party won 111 of
120 National Assembly seats. In the hotly contested
presidential elections of February 1988 (the results of which
continue to be disputed by the opposition), Diouf was declared
reelected with 73 percent of the vote. In the concurrent
National Assembly elections, the Socialist Party took 103
seats and the opposition Senegalese Democratic Party (PDS) 17
seats.
The Senegalese armed forces (about 15,000 men, including the
paramilitary gendarmerie) are a professional, disciplined
organization which traditionally maintains an aloofness from
politics and is respected by the population. Due to
heightened tensions with Mauritania, the armed forces assumed
a higher profile in 1989, e.g., in restoring order in the
Dakar area under the state of emergency declared in
April-May. Civilian security forces are fairly well trained
and generally respect the laws they enforce; those who do not
face criminal prosecution.
Senegal has a mixed economy with a substantial private
sector. Since June 1983, Senegal has actively pursued a
structural adjustment program, with the support of the
International Monetary Fund, the World Bank, and major
bilateral donors, designed to liberalize the economy and
stimulate economic growth. There is concern, however, about
the short-term political impact of the austerity reforms,
particularly in Dakar, where high unemployment and
deteriorating social conditions contributed to marked
opposition gains and civil unrest in the 1988 elections. The
economy remained fragile at the end of 1989.
Events in 1989 subjected Senegal's democracy and its generally
creditable human rights record to its most sustained test
since independence, particularly the mass violence against
ethnic Maurs origin. Strikes plagued the education sector
during the first quarter of the year. The leader of the
Senegalese Democratic Party, Secretary General Abdoulaye Wade,
returned to Senegal in March after a long absence abroad.
Wade, who disputes the legality of President Diouf 's
reelection in 1988, held party rallies and called for mass
antigovernment demonstrations, which were promptly banned by
the authorities. Some demonstrators turned out anyway, and
street violence and vandalism broke out in Dakar on March 14
and on National Day, April 4. Subsequently, touched off by a
fatal border shooting on April 9, there were several waves of
violence directed against Mauritanians resident in Senegal and
the declaration of a state of emergency. The violence
resulted in scores dead in Senegal (and a similar rash of
killings in Mauritania), the destruction of the greater part
of Senegal's Maur-dominated small retail trade sector, a
massive repatriation of populations by both countries, and
both armies arrayed along their 500-mile border. Differences
with other neighbors—a maritime border dispute with
Guinea-Bissau and the breakup of the confederation with The
Gambia—further raised the political temperature.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There was no evidence of any killings for political motives.
However, government actions in both Senegal and Mauritania
fueled the April unrest involving citizens of both countries.
Senegalese authorities were slow to comprehend the scale of
the violence directed against Maurs and their property. There
has been no definitive public accounting of casualties, but
senior Ministry of Justice officials estimated the number of
dead at 80. Order was not restored until the army was called
out, and a state of emergency imposed in the Dakar region.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Government and police officials in Senegal generally respect
the section of the Criminal Code prohibiting physical abuse.
Nevertheless, there are periodic accounts of occasional abuse
(including beatings and denial of food, water, and clothing to
prisoners) under interrogation during the period of custody
("guard a vue") between arrest and appearance before a
magistrate.
Amnesty International (AI), with the consent of the
Government, sent a team to Senegal in October to discuss
charges of alleged torture of suspected Casamance separatists
during the period 1982-1988. The Government refused to accept
the delegation's suggestion that a special committee be
established to investigate human rights abuses, saying that
existing legal mechanisms were sufficient. The Government,
however, publicly reaffirmed its opposition to torture and
promised to improve oversight procedures in the courts and
security forces to prevent abuses. AI ' s 1989 report notes
that ill-treatment of prisoners by police in 1988 resulted in
at least one death.
d. Arbitrary Arrest, Detention, or Exile
The constitutional prohibition against arbitrary arrest or
detention is generally respected in practice. The Senegalese
legal system is patterned after the French. A person
suspected of a crime may be legally held without charge for 48
hours after arrest and may be held up to 72 hours if ordered
by a public prosecutor. In fact this period of detention,
during which the prisoner has no access to family or attorney,
may be much longer.
Temporary detention or custody is permitted when civil
authorities determine that there is a threat of civil
disturbance or that a person is a threat to himself or
others. Temporary custody is valid for a maximum period of 6
months, but it may be renewed for additional 6-month periods
if the investigating magistrate certifies that this time is
required to complete the investigation. There is no limit to
the number of times it may be renewed. These laws are
generally respected by law enforcement officials, and charges
are formally and clearly drawn. By law, every person has
access to legal counsel during every step of the legal process
from the time his case is presented to a magistrate. Persons
with means will have private attorneys. The court may appoint
public defenders for indigents charged with felonies; in
practice, however this rarely happens. The Association of
Young Senegalese Attorneys provides free legal counsel to
accused indigents.
During the state of emergency from April 28 to May 19, the
Government had the authority to order house arrests and
administrative internment for up to 2 months and to hold
suspects for up to 8 days before charging them. However, with
the exception of the curfew, no extraordinary powers were
exercised, and such arrests as were made (all for crimes
against property) were under the ordinary penal code.
However, the Government used its detention and other legal
powers broadly in 1988 and 1989 to strike at critics,
including journalists (see Section 2. a.). In judicial cases
which are tried before the State Security Court, 23 persons
remained under indictment for membership in an illegal
organization, the Movement of Democratic Forces of the
Casamance (MFDC) , which advocates violent means to secure the
independence of Senegal's southernmost region. All but five
of these were free at year's end while awaiting trial; those
still incarcerated are also accused of plotting against the
security of the state. The five were arrested after having
tried to solicit money and arms from Guinea-Bissau security
officials to support guerrilla operations in the Casamance.
Three men remained in detention awaiting trial for involvement
in the fire-bombing of an official vehicle, allegedly for
political motives, in December 1988. Seven members of the
opposition PDS also were arrested, on the basis of an
anonymous tip, in connection with the same incident. They
soon were granted provisional liberty, and, although charges
had not been formally dropped, the case appeared to be
inactive at the end of 1989. In addition, 11 Maurs were being
held at the end of 1989 for alleged espionage.
e. Denial of Fair Public Trial
Senegal has an active and well-trained judiciary, which is
constitutionally independent of the executive, the
legislature, and the armed forces. Court officials are
lawyers who have completed a number of years of required
apprenticeship. Trials are public, and defendants have the
right to a defense attorney from the time the case is
presented before an examining magistrate. Ordinary courts are
presided over by a panel of judges which in criminal cases
includes a panel of citizens as a form of jury. Magistrates
are appointed by decree and in principle are not subject to
government supervision; however, low pay, poor working
conditions, and family and political ties may make magistrates
vulnerable to outside pressures.
There are four categories of special courts: the High Court
of Justice, the State Security Court, the Court for the
Repression of the Unlawful Accumulation of Wealth, and the
military courts. The High Court of Justice, created for the
sole purpose of trying high government officials for treason
or malfeasance, has never met. The State Security Court,
consisting of a judge and two assessors, has jurisdiction over
cases involving politically motivated crimes. The "illegal
enrichment" Court, which has only judged three cases since it
was created in 1981, is not presently active. The military
'court system has jurisdiction over offenses committed by
members of the armed forces during peacetime. Civilians may
not be tried by military courts.
There were no reports of political prisoners in Senegal at the
end of 1989. However, a military Board of Enquiry in April
1989 disciplined three officers, including the former armed
forces chief of staff, for allegedly plotting a coup during
the turbulent events surrounding the 1988 elections. Early in
1989, the Government indicated its intention to appeal a
judge's decision of November 1988 in Louga which dismissed
charges against members of two opposition political parties
for unlawful assembly and inciting a riot; no appeal, however,
had been entered at the end of 1989=
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
There is relatively little government interference in the
private lives of Senegalese citizens, particularly in rural
areas. There are constitutional safeguards against arbitrary
invasion of the home. Search warrants are required and under
normal circumstances may be issued only by judges and in
accordance with procedures established by law. In practice,
searches without warrants occasionally take place. There is
no evident pattern of monitoring the private written or oral
communications of Senegalese citizens. There are reports,
however, of active supporters of the political opposition
being subject to wiretaps, unusually close scrutiny of tax
records, and other forms of petty harassment.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is protected in the Constitution
and is generally respected in practice. Subject to
restrictions relating to public order, a wide variety of
political expression is possible. While Senegal's only daily
newspaper is controlled by the ruling Socialist Party, there
are many regularly published magazines and newspapers
reflecting a broad range of political opinion from
conservative to Marxist. The independent press often breaks
stories ignored by the establishment daily newspaper (e.g.,
the trial of military officers accused of planning a coup
d'etat) and the opposition newspaper, Sopi, regularly
denounces the Government as illegitimate and calls on
President Diouf to resign.
Notwithstanding this diversity, the official media (including
the government-controlled radio, which is by far the most
important medium of news dissemination) , are subject to
controls over their news coverage. Activities of the ruling
party are always covered, while the opposition parties are
mentioned only occasionally and selectively, e.g., communiques
are not read in their entirety, or certain factions are
excluded in favor of others less hostile to the Government.
More equitable access to the media emerged as a principal
opposition demand during and after the 1988 elections. The
National Assembly in October enacted a new law, which must
still be implemented by decree, regulating access to
television and radio by "regularly constituted political
parties." It is not yet clear whether the law will result in
more transmision and air time to the Government's opponents.There are laws prohibiting personal attacks against the Chief
of State or the institutions of the Republic, and a 1965 law
prohibiting the dissemination of "false news" has been
criticized for having a possible chilling effect on
journalists. The Government used these legal powers in 1989.
A university professor, who wrote an article in an independent
newspaper on January 5, 1989, on the Senegalese police strike
of 1987, was threatened with charges that he tried to
discredit the institutions of Senegal; the case was dropped by
the end of the same month. The publication director for Sopi
was convicted on December 16 of spreading false news and
discrediting public institutions. The charges arose from an
article he had written in the spring claiming that agents of
the Government had falsified the 1988 presidential election
returns—certified as authentic by the Supreme Court--and
publishing what were purported to be the true figures, showing
PDS candidate Wade a clear winner. The director appealed the
verdict and was released from custody until the appeal is
heard. On September 12 and 13, four Sopi journalists and the
chairman of the PDS parliamentary delegation were indicted for
a series of Sopi articles attacking a senior member of the
Government and exposing alleged equipment deficiencies in the
armed forces. Immediately after charges were filed, all were
granted conditional liberty (requiring the accused to keep the
authorities advised of their whereabouts). The cases were
still pending at year's end.
Publishers are required to register with the Central Court
prior to starting publication, but such registrations are
routinely approved. Publications, including foreign
publications, are almost never censored or banned in Senegal.
An exception occurred in February 1989 when Salman Rushdie's
"Satanic Verses" was banned. The action came after the
Organization of Islamic Conference (of which Senegal is a
member) called on member states to ban the book and all others
published by Viking/Penguin until the publishers withdrew the
offending title. However, no other Viking/Penguin books were
withdrawn, and foreign periodicals reporting on the Rushdie
affair and quoting the book's controversial passages continued
to circulate freely in Senegal.
In general, academic freedom is enjoyed by the schools and
Senegal's sole university.
A National Commission reviews all films prior to public
showing. Movies deemed offensive to Senegalese moral
sensibilities are censored or banned. No instances are known
of films being banned because of offensive political content.
b. Freedom of Peaceful Assembly and Association
In general, Senegalese freely exercise their constitutional
rights of assembly and association. However, prior
authorization for public demonstrations is required, and
demonstrations or protest meetings against government policies
are closely monitored by security services. The Ministry of
Interior refused permission for the opposition PDS to hold
mass demonstrations in Dakar March 14 and April 4 (National
Day) on the grounds that public safety was threatened by the
vandalism and random street violence which increasingly has
accompanied such political demonstrations. Senegalese wishing
to form associations must register them with the Ministry of
Interior (except for business-related associations, which are
registered with the Ministry of Commerce) . By law and in
practice, the Ministry is obliged to register such groups, solong as the objectives of association are clearly stated and
not in violation of the law.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Senegal is constitutionally a secular state, and freedom of
religion is a legal right which exists in practice. Islam is
the religion of over 85 percent of the population, but no
attempt has been made by the Government to introduce Shari'a
(Islamic) law. Other religions, the major one of which is
Roman Catholicism, are freely practiced. Missionary activity
is permitted, and foreign Protestant missionaries are active
in several regions of the country. Conversion is permitted,
and there is no discrimination against minority religions.
Adherence to a particular religion confers no official
advantage or disadvantage in civil, political, economic,
military, or other sectors. Both Islamic and Christian
organizations publish periodicals. Koranic and Catholic
schools exist alongside the public schools system, and the
Mouride Brotherhood is constructing an Islamic University in
its headquarters city of Touba.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The Constitution states that all citizens have the right to
move and establish themselves freely anywhere in Senegal, a
right that is respected in practice. Exit visas are not
required for travel outside the country. There is no
restriction on emigration, and repatriates are not officially
disadvantaged on return to Senegal. A nighttime curfew was
imposed throughout the Dakar region during the state of
emergency which lasted from April 28 to May 19. A Senegalese
citizen by birth may not have his citizenship annulled for any
reason. A naturalized citizen may have his citizenship
revoked if it is proved in a court of law that he obtained his
citizenship fraudulently or--if he has been a citizen less
than 15 years--if convicted of a crime.
Although Senegal's tolerant political and economic environment
has attracted Africans from other countries, Senegal has
hosted few official refugees. According to the United Nations
High Commissioner for Refugees (UNHCR) , there were less than
200 registered and assisted refugees in the country at the
beginning of 1989. However, in 1989 the refugee/displaced
person situation changed dramatically with the ethnic violence
which erupted in Senegal and Mauritania in April and May.
Unable initially to protect Maurs resident in Senegal, the
Government—in agreement with the Government of
Mauritania—began repatriating many of them by air and by
land; and eventually some 100,000 persons were returned to
Mauritania. Many of these lost their property in Senegal, and
some were stripped of personal belongings and papers by
Senegalese authorities—allegedly in retaliation for similar
treatment dealt to Senegalese departing Mauritania. Prior to
the unrest, some estimates placed the number of Mauritanians
living in Senegal at 300,000, although no firm figures are
available.
These civil disturbances in turn led to a massive return to
Senegal of persons from Mauritania. By September
approximately 90,000 Senegalese, mostly skilled and
semiskilled workers and fishermen, had been repatriated from
Mauritania. In addition, some 44,000 black African
Mauritanian citizens and 16,000 Senegalese uprooted from their
traditional homes on the right (Mauritania) bank of the
Senegal River had taken refuge in Senegal. Some had been
forcibly expelled from Mauritania, while others fled a
climate of intimidation and violence. Almost overnight,
Senegal faced a massive and unanticipated refugee/displaced
persons problem, but by the end of 1989 most of the 90,000
repatriated Senegalese had been absorbed into their families
and communities throughout the country, although their
integration into Senegal's fragile economy remained a serious
problem. In contrast, the 60,000 Mauritanian and Senegalese
uprooted from their communities in Mauritania have been
sheltered in refugee camps and in Senegalese villages near the
river frontier. For the most part the Senegalese, working
with the UNHCR and other international agencies,
organizations, and donor countries, have been generous in
assisting these refugee/displaced persons, many of whom have
strong ethnic and family ties in Senegal.
There were no known instances of refugees or displaced persons
being refused entry into Senegal or forcibly returned to
Mauritania. However, the Government admitted that some
Senegalese citizens might have been inadvertently transferred
to Mauritania during the exchange of populations and has said
Senegal will take back any citizens who wish to return.
According to UNHCR estimates, up to 22,000 Senegalese citizens
may have been among those transferred to Mauritania. The
Mauritanian Government claims that upwards of 200,000 of its
citizens are still being held hostage in Senegal. The
Senegalese Government disputes this charge. However, a
mechanism for identifying such Mauritanians in Senegal and
Senegalese among the displaced population in Mauritania and
facilitating their return to Mauritania and Senegal had not
been established by year's end.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Senegal is a functioning multiparty democracy, but the
legitimacy of its 1988 election results was sharply challenged
by the opposition. The Socialist Party has dominated
Senegalese political life since independence. Presidential
and legislative elections, with universal suffrage for all
citizens over 21, are held concurrently every 5 years.
Following the 1988 elections, opposition leaders claimed
widespread fraud and continued in 1989 to dispute publicly the
legitimacy of the announced results. Sixteen of the 17
elected opposition deputies did take their seats in the
National Assembly and participated in parliamentary
activities. Opposition leaders demand electoral reforms,
including a tightening of the voter identification card system
and protection of the secret ballot. Legislation along these
lines was enacted by the National Assembly in October. The
new electoral law failed to address the opposition demand for
a neutral national commission to supervise elections, a task
now carried out by civil servants and the Supreme Court.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The Government allows human rights groups such as Amnesty
International to investigate allegations concerning human
rights abuses in Senegal and responds to reguests for
information about those allegations. The ICRC, with the
approval of the Government, opened an office in Dakar in May
1989 with a mandate to monitor prisoner conditions.
Senegal is a leader among African countries in the promotion
of international standards for human rights practices. For
example, it sponsored the African Charter on Human and
People's Rights of the OAU and was a founder of the OAU's
African Human Rights Commission in 1987. Its officials serve
in a variety of pertinent bodies; its representative was
chairman of the U.N. Human Rights Commission in 1988 and
played a key role in organizing and leading a mission to
investigate the human rights situation in Cuba. Dakar is the
headquarters of several institutions which foster human rights
and democratic pluralism in Africa and frequently is the site
of conferences related to human rights.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
While officially there is no discrimination in Senegal based
on race, religion, or language, the country is predominantly
Muslim, and Islamic customs, including polygamy and the rules
of inheritance, generally prevail, especially in the rural
areas. Article 7 of the Constitution states, "men and women
shall be equal in law." The status of women has steadily
improved under government encouragement and through increased
educational opportunities. Modifications of the family code
adopted by the National Assembly in 1988 reinforced women's
rights to divorce, alimony, and child support.
However, Islamic and Senegalese customs persist, and women are
still confined largely to traditional roles, notably in the
large subsistence agricultural sector. Women usually marry
young (the majority by age 16), average about 7 live births,
and die relatively young. Sixty-seven percent of women aged
40 to 45 live in polygamous unions.
Violence against women, usually wife beating, occurs,
particularly in rural areas, but there are no accurate
statistics, and the extent of the problem is not known.
Police do not normally intervene in domestic disputes, and
women are reluctant to go outside the family for redress.
Inf ibulation, the most severe and dangerous form of female
genital mutilation, frequently is performed on girls aged 10
to 14 in the Fleuve, Casamance, and Senegal Oriental regions;
the practice is deeply rooted in ethnic tradition and cuts
across religious lines. There are no laws or regulations
prohibiting this practice. However, the Minister of Social
Development (a female dentist) has taken a personal interest
in the issue and has formed a group to study the practice and
warn village women of its hazards. The semiofficial daily
newspaper Le Soleil carried a lengthy World Health
Organization report in December about the harmful physical and
psychologicial effects of excision and inf ibulation .
Section 6 Worker Rights
a. The Right of Association
A minimum of seven people, each having worked within their
profession for at least 1 year, are free to form a union by
submitting a list of members and a charter to the Ministry of
Interior, A union can be disbanded by the Ministry if the
union's activities deviate from the charter. Even though they
represent a small percentage of the overall population, unions
wield a significant amount of political influence, primarily
because of their ability to disrupt essential services.
At least 75 percent of the working population are engaged in
rural activities such as cultivation, herding, and fishing.
There are approximately 323,000 workers in the formal wage
sector, of which approximately 100,000 belong to various
unions. Of these, approximately 70,000 workers in 61 unions
belong to the National Confederation of Senegalese Workers
(CNTS), which is affiliated with the ruling Socialist Party.
Although the CNTS was established in 1969 as the sole trade
union central, with affiliation to the sole legal party,
political and trade union pluralism was reestablished after
1976. The principal rival organization to the CNTS is known
as the Democratic Union of Senegalese Workers (UDTS) and
various independent unions exist in health, education, and
transportation sectors.
While ostensibly an independent umbrella organization, the
CNTS has supported government policies. During 1989 strains
developed in this relationship, and the CNTS leadership has
publicly opposed government policies on structural adjustment,
modification of the labor code, and liberalization of the
economy. Although CNTS remains Senegal's largest and most
powerful labor confederation, it faces increased competition
from independent unions.
Unions have the right to strike, and 1988/1989 saw strikes by
the teacher/professor, electrical, banking, and health worker
unions which were resolved in bargaining with the Government.
Senegalese unions are active in international labor
organizations. The CNTS and the small Union of Free Workers
of Senegal (UTLS) belong to the Organization of African Trade
Union Unity. The UTLS is also listed as an affiliate of the
communist-controlled WFTU.
For several years the Committee of Experts of the
International Labor Organization has requested an amendment to
the Senegalese law covering seditious associations to ensure
that the Government cannot dissolve a trade union which it
regards as disrupting the constitutional order by unlawful
means.
b. The Right to Organize and Bargain Collectively
Senegalese unions have the right by law to organize and to
bargain collectively, and these rights are protected in
practice. There are no known instances of workers being
forcibly discouraged from exercising these rights. In recent
years, as the economic situation worsened and factories and
businesses closed down, collective bargaining has succeeded in
several instances in ensuring extended benefits for laid-off
workers, e.g., the airline workers' union in negotiations with
the Government and the new management of Air AfriqueSESEQ&L
respectively. The CNTS has been a major force in pressuring
employers and the Government to establish regulations and
guidelines for the well-being of workers. The Government will
intervene in labor/management disputes when requested and
plays a mediation and arbitration role in private and
state-enterprise sectors.
An export free zone exists in Dakar into which goods may be
imported for manufacture and reexported without payment of
duty. Senegalese labor laws apply uniformly throughout the
country, including in this zone.
c. Prohibition of Forced or Compulsory Labor
There were no reports of forced labor in Senegal, which is
prohibited by law.
d. Minimum Age for Employment of Children
The minimum age for employment in Senegal is 16 for
apprenticeships and 18 for all other types of work. These
restrictions are closely monitored and strictly enforced
within the formal wage sector, that is, the area of the
economy over which the Government can exercise some
supervision such as state agencies, large private enterprises,
or farmers gathered into cooperatives. On the other hand,
children under 16 are employed in the traditional sector, and
minimum age and other workplace regulations on family farms in
rural areas and in small, privately owned businesses are not
seriously enforced.
e. Acceptable Conditions of Work
The CNTS has been very successful, within the formal economic
sector, in obtaining acceptable conditions of work, including
standard workweeks (40 to 48 hours per week for most
professions), holiday/annual leave benefits (usually 1 month
per year), and a variety of health and safety regulations.
These regulations are incorporated into the Labor Code
approved by the National Assembly and are supervised by
Ministry of Labor inspectors. Enforcement, however, appears
to be uneven, especially outside the formal wage sector.
Recent CNTS efforts have concentrated on raising the minimum
wage, currently approximately $0.82 an hour, which, according
to Senegalese unions, is not considered sufficient to maintain
a decent standard of living. Workers must frequently
supplement incomes through second jobs and reliance on the
extended family.
