Country Report on Human Rights Practices for 1992

SENEGAL
 
 
 
Senegal is a republic with an elected president and a unicameral legislature.
There are 20 legal political parties, although the Socialist Party (PS) has dominated
golitics and controlled the Government since independence from France in 1960.
enegal's elected National Assembly generally does not act on its own and almost
always follows instructions dictated to it by the President. Of the National Assembly's
120 seats, the governing PS holds 107. Abdou Diouf, who has been President
since 1981, was declared reelected with 73 percent of the vote in the hotly contested
elections of 1988 (the results of which have been disputed continually by the main
opposition party). In April 1991, two opposition parties joined the Government to
form the "enlarged presidential majority. This (Jovemment remained in place until
August 1992. Frcsidential elections are scheduled for February 1993, and legislative
elections for May 1993. The 1993 elections will be the first test of Senegal's new
electoral code wmch was revised in 1991.
The Senegalese armed forces (about 19,000 men) is a professional, disciplined organization
which traditionally remains aloof from politics and is respected by the
population. The paramilitary gendarmerie, included in the 19,000, is less professional
and less disciplined. In early 1992, Senegal sent 1,500 troops to Liberia as
gart of a combined peacekeeping force of the Economic Community of West African
tates (ECOWAS). In August the army and gendarmeries were redeployed in the
Casamance region in an attempt to end the violence attributed to bandits and the
two factions of a proindependence rebel movement known as the Democratic Forces
of the Casamance (MFDC). Total military expenditures for 1989, the last year for
which the U.S. Arms Control and Disarmament Agency conducted a detailed analysis,
were $90 million. There is no indication that efforts will be made to reduce
these expenditures in the near future. In over 77 incidents reportedly involving the
MFDC, at least 174 people have been killed, and an unknown number of people injured.
Additionally, the banditry and violence caused roughly 12,000 people to take
refuge in Guinea-Bissau and 3,000 in The Gambia. In general, civilian security
forces are considered fairly well trained and usually respect the laws they enforce.
Senegal has a mixed economy; it is overwhelmingly a^cultural, with more than
70 percent of the labor force engaged in farming, largely in peanut production. Since
1983 Senegal has pursued a structural adjustment program, supported by the International
Nlonetary Fund, the World Bank, and major bilateral donors, and intended
to reduce the role of government, encourage the private sector, and stimulate economic
growth. The economy remains fragile.
For fear of breaking the May 1991 cease-fire agreement, the Government made
no attempt to stop the lawlessness reportedhr caused by N^DC elements and bandits
in the Casamance during the first half of 1992. The MFDC and marauding bandits
reportedly were responsible for torture, beatings, and extrajudicial killing of villagers
in the Casamance. In many instances, it was impossible to determine whether
factions of the MFDC or bandits committed acts of violence. In some cases, bandits
claimed they were acting on behalf of the MFDC. When gendarme and army
elements finally were redeployed in August, they were unable to stop rebel attacks
on civilians. The army and gendarmerie killed civilians through indiscriminate
shelling and burning of villages thought to harbor MFDC rebels. Other human
rights problems include certain restrictions on freedom of the press and domestic
violence against women.
 
 
RESPECT FOR HUMAN RIGHTS
 
Section 1. Respect for the Integrity of the Person, Including Freedom from
 
      a. Political and Other Extrajudicial Killing.
See Section l.g. for details on
killings coimected with separatist-related violence in the Casamance. At least five
people were killed in interparty violence between different factions of the ruling Socialist
Party. To date, no chains have been brought in the December 1991 killing
of two Socialist Party figures in the Casamance in what appeared to be assassinations.
 
      b. Disappearance.
^There were no reports of politically motivated disappearances.
However, one independent newspaper on September 18 carried an account of the
aftermath of the battle between the army and MFDC rebels at Kaguite which said
that two men, Ibou Sagna (^e 50) and Famara Bodian (age 24), cusappeared after
being detained by the army. There has been no further information on this incident.
The press also reported that Djamil Sane, a local religious leader, was kidnaped
by rebels on Decen^er 23 and has not been heard from since.
c. Torture and Other Cruel, Inhuman, or De^ading Treatment or Punishment.—
The authorities generally respect the legal prohibition on physical abuse, but detainees
reportedly are sometimes subjected to mistreatment, often during the "garde a
vue" (detention) period between arrest and appearance before a magistrate. This
abuse often consists of beatings and denial of food, water, and clothing to prisoners.
Senegalese army forces in the Casamance abducted a Gambian gendarme, brou^t
him into Senegal, and beat him. This was in retaliation for a similar action bv Gambians
in the Casamance area. The Senegalese army headquarters admitted that the
action took place and that it was sanctioned by the southern zone commander. No
disciplinary action was taken.
There were at least 14 credible reports of torture by factions of the MFDC. These
usually consisted of beatings with sticks, gun butts, and bicycle chains and resulted
in several deaths. Some of the MFDC violence was aimed at those carrying out electoral
activities. In one incident, members of a faction of the MFDC rebel group allegedly
cut off an ear of the president of a rural community. Torture was a regular
feature of village raids conducted by rebels to obtain supplies, recruits, women, and
allegiance for uieir cause. In the first half of the year, women reportedly were frequently
raped in MFDC attacks on villages. According to government officials, it
was the widespread rebel practice of rape that led villagers to retaliate violently
against factions of the MFDC in May and June 1992 (see Section l.g.).
Some violence in the Casamance was attributable to interethnic conflicts designed
to frighten non-Diola ethnic groups out of the region. On one occasion in August
which received wide publicity, three members of a minority ethnic pxjup had both
hands cut off, allegealy by the MFDC, and one man died when nails were driven
into his head. In the northern Casamance, interethnic torture was usually undertaken
to frighten people off arable land and resulted in hundreds of refugees fleeing
to The Gambia.
 
      d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest
and detention, and in practice, this generally is respectea. Warrants, issued by
judges, are required for arrests. A person suspected of a crime may legsdly be held
without charge for 48 hours after arrest and may be held up to 72 hours if ordered
by a pubUc prosecutor; this period may be doubled legally in the case of crimes
against the security of the State.During temporary detention, the prisoner has no access to family or attorney; but
after a cnai^e is lodged, both family and attorney may visit. Extended "temporary"
detention or custody is permitted when civil authorities determine that there is a
threat of civil unrest or that a person is a threat to himself or others. Courts may
review decisions of extended detention or custody. 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 more time is required to complete
the investigation. There is no limit to the number of times temporary detention can
be extended. Arrest and detention laws generally are respected by enforcement officials
in ordinary cases.
Exile is not used as a means of political control.
e. Denial of Fair Public TVta/.—-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 several years of required
apprenticeship. Defendants are presumed innocent until proven guilty. Trials
are public, and defendants have the right to a defense attorney from the time the
case is presented before an examining magistrate. Despite a provision for defendants
to have a lawyer at public expense, lack of government funds causes defendants
without means to go to court unrepresented. Defendants have the ri^t to be
present in court, to confront witnesses, and to present evidence.
Ordinary courts are presided over by a panel of judges which in criminal cases
includes citizen members. Magistrates are appointed by decree and in principle are
not subject to government or political intervention; however, low pay, poor working
conditions, and family and political ties make magistrates vulnerable to outside
pressures. In May 1992, the National Assembly, in accordance with Senegal's new
election code, abolished the Supreme Court and replaced it with three separate
courts: the Council of State for Administrative Questions, a Constitutional Council
for matters relating to the Constitution, and a Court of Appeals. The judicial reforms
also eliminated the State Security Court, which had jurisdiction over politically
motivated crimes, including those of Casamance separatists.
lliere are three other categories of special courts: the High Court of Justice, the
Court for the Repression of the Unlawful Accumulation of Wealth, and the military
court system. The High Court of Justice, created for the sole purpose of trying senior
government officials for treason or malfeasance, has never met. The "illegal enrichment"
Court, which has judged only three cases since it was created in 1981,
is not currently active. The nulitary court system has jurisdiction over offenses committed
by members of the armed forces during peace time. Civilians may not be
tried by military courts. The right of appeal exists in all courts except military
courts and that concerned with "illegal enrichment." There were no political prisoners
at the end of 1992.
 
      f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The
Constitution prohibits arbitrary invasion of the home, and there is relatively little
government interference in the private lives of Senegalese citizens, particularly in
rural areas. Search warrants normally are required and may be issued only by
judges and in accordance with procedures established by law. In practice, however,
searches without warrants occasionally take place.
g. Use of Excessive Force and Violations of Humanitarian Law in Internal Conflicts.—
In October and November, the army and gendarmerie shelled several southem
Casamance villages suspected of harboring MFDC rebels. Several credible reports
said that children and civilian adults were killed and injured in these attacks.
A school near Oussouye in the Southeast was destroyed by the shelling. Other reports
said that the army killed civilians in its assault on Kaguite on September 1.
There were several reports in 1992 of extrajudicial killings by factions of the
MFDC of villagers who refused to provide food and supplies. Although it was difficult
to verify the reports, MFDC rebels allegedly killed 68 civilians in 1992. Attacks
on the Casamance villages of Tambacounda, Counbanaou, Tankoro, Kaur, Cap
Skirring and Pointe Saint G^rge were almost certainly carried out by the MFDC.
In May, Casamance villagers began retaliating against the attacks, and in incidents
at Kabadio, Kangoudi, Tankoro, and Kaur, at least 42 rebels or bandits were killed.
No one has been charged in any of the above killings. The biggest attack came on
October 26, when men presumed to belong to one faction of the MFDC attacked and
burned the fishing village of Cap Skirriiig, killing 31 people singled out as not being
from the Diola ethnic group. Most MFDC supporters are Diola, the major ethnic
£nx)up in the Casamance. In a similar attack on November 11 on the village of
Pointe Saint George, presumed MFDC rebels killed ei^t people identified as not
being Diola.
 
 
Section 2. Respect for Civil Liberties, Including
 
      a. Freedom of Speech and Press
Freedom of speech and press are protected in
the Constitution, although journalists' activities are circumscribed by legal restrictions
against expressing views which discredit the State, incite the population to
disorder, or disseminate "false news." While Senegal's only daily newspaper is controlled
by the ruling Socialist Party, its coverage of the activities of opposition parties
expanded considerably in 1991 and has developed into almost daily news coverage
in 1992. A broad spectrum of thought and opinion from conservatism to Marxism
is widely available through regularly published magazines and weekly newspapers.
The wide variety of political views expressed in the independent press is
often critical of the Government and its programs; government ofHcials, politicians,
and the political parties participating in the Government are not immune. Publishers
are required to register with the Central Court prior to starting publication, but
such registrations are routinely approved. Publications, including foreign publications
critical of the Government, are rarely censored or banned in Senegal.
More equitable access to the electronic media emerged as a principal opposition
demand during and after the 1988 elections. In April 1991, a National Advisory
Commission for Broadcasting was established to oversee radio and television coverage
of poUtical party activities. At the same time, two opposition political parties
formally joined the Government. Since then, news coverage of political parties both
within and outside of the "enlarged" Government has continued to expand; however,
the only direct access given in the electronic media to political parties has been brief
periods divided among aU parties once a week in ofl-peak hours. Liberalization of
the state-controUed broadcast media included changes in the statutes governing television,
altering television's status as a government entity and providmg somewhat
greater managerial independence. Direct competition with the government-controlled
Senegalese broadcast media continues to grow. Both Radio France International
and Africa Number One started retransmitting their shortwave broadcasts
on FM frequencies in Dakar in 1992.
While the independent press reports fully on events in Casamance, there is a de
facto blackout of such news in the Government press.
Schools and universities enjoy academic freedom.
b. Freedom of Peouxful Assembly and Association.—In general, Senegalese freely
exercise their constitutional rights of assembly and association, although demonstrations
or protest meetings against government policies are monitored closelv by security
services. Prior authorization Tor public demonstrations is required. There were
three attempted political demonstrations in 1992, and all were denied permission
to be held: the And-Jef Party wanted to demonstrate against creating a vice presidential
position and against changes in the Supreme Court, and a group of opposition
parties wanted to demonstrate in solidarity with striking students.
Senegalese wishing to form associations must register with the Ministry of Interior
(except for business-related associations, which are registered with the Ministry
of Commerce). By law and in practice, the Interior Ministry is obliged to register
such groups, so long as the objectives of association are clearly stated and are not
in violation of the law.
 
      c. Freedom of Religion
Constitutionally, Senegal is a secular state, and freedom
of religion is a legal right which exists in practice. Islam is the reli^on of 94 percent
of the population, but the Government has made no attempt to mtroduce Shari'a
law. Other religions are practiced freely; Catholicism attracts the second largest
number of worshipers. 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. In theory, adherence to a particular
religion confers no omcial advantage or disadvantage in civil, political, economic,
military, or other sectors. However, some believe that, in practice, membership
in an Islamic sect affords certain political and economic privileges. Both Islamic
and Christian organizations publish periodicals. Koranic and Catholic schools exist
alongside the public school system, and the Mouride brotheihood, an Islamic sect,
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 provides all citizens the right to travel and establish
themselves freely anywhere in Senegal, a right respectea 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. 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 convicted of a crime and has
been a citizen less than 15 years.
In 1989 ethnic violence between Senegal and Mauritania resulted in a flood of refugees
entering Senegal. In November the United Nations High Commissioner for
Refugees (UNHCR) recorded 54,230 registered refugees in 275 Senegalese sites
along the river border with Mauritania. The refugees have freedom ol movement
and are not subject to forced repatriation. Diplomatic relations between Senegal and
Mauritania were renewed in April, and several border crossings between me two
countries were established. Monetary problems and identification requirements prevented
many Mauritanian refugees from returning. The Governments of Senegal
and Mauritania are continuing quiet discussions on indemnification. The two countries
still have not discussed the return of the refugees to Mauritania. The
Mauritanian Government reportedly refuses to recognize the previously documented
citizenship of those refugees who belong primarily to the Peulh ethnic group.
Because of violence and instability in the Casamance, approximately 12,000 Senegalese
refugees were in Guinea-Bissau and 3,000 in The Gambia at the end of
1992. Also, several thousand villagers have been displaced because of MFDC rebel
activity and interethnic violence.
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 domination of Senegalese political life by the
Socialist Party, which has held power since independence, has called into question
the extent to which citizens have been able to exercise that ri^t. President Abdou
Diouf was declared reelected in 1988 with 73 percent of the votes in an election
which many people in Senegal still believe was fraudulent.
With the 1991 revision of the Electoral Code the voting age was reduced to 18
years, and the secret ballot, which had previously been optional, was made mandatory.
Presidential elections, which had been held every 5 years, will take place every
7 years, following the scheduled February 1993 elections. There are 20 political parties
in Senegal, and 7 declared candidates for the presidency. The Government is
committed to reform of the political process, but some elements of the ruling Socialist
Party have been less enthusiastic.
Opposition parties and others criticized the Government's implementation of the
1991 electoral code. Issuance of national identity cards, which are required in order
to register to vote, was slow, and many people did not receive their cards. The Government
cited financial and human resources shortages to explain the difficulties.
Critics accused the Government of manipulating the process in an attempt to give
the cards only to government supporters.
Tensions within the Socialist Party have led to interparty violence (see Section
l.a.). The security situation in the Casamance is a cause for concern in planning
the February 1993 elections; one faction of the rebel MFDC, which clings to the idea
of independence for the region, opposes elections and has resorted to violence
against those attempting to take part in the registration process.
 
 
Section 4. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations ofHuman Rights
 
There are at least eight Senegalese human rights associations, including the Association
of African Jurists and the Association oT Young Senegalese Lawyers. All are
free to criticize the Government publicly, although none has done so directly. None
of these organizations is extremely active.
The Government allows human ri^ts groups, such as Amnesty International, to
investigate allegations concerning human rights abuses in Senegal and responds to
requests for iniormation about those allegations. The International Committee of
the Red Cross maintains an office in Dakar. Senegal actively promotes international
standards for human ri^ts practices; it sponsored the Organization of African Unity's
(OAU) Charter on Human and People s Rights and was a founder of the OAU's
African Human Rights Commission in 1987.
Section 5. Discrimination Based on Race, Sex, Religion, Language, or Social Status
The Constitution states that "men and women shall be equal in law." Officially
there is no discrimination in Senegal based on race, religion, or language. The donunant
religion in Senegal is Islam, and Islamic customs, including polygamy and Islamic
rules of inheritance, are practiced, especially in the rural areas. Despite government
encouragement and increased educational opportunities, females still get
less than one-third of the schooling received by males. Modifications of the Family
Code adopted by the National Assembly in 1988 reinforced women's rights to divorce,
alimony, child support, and employment. However, Islamic and Senegalese
customs persist, and women are still confined largely to traditional roles, notably
engaging in subsistence farming. Traditional inheritance and land tenure practices
make it difficult for women to own land and to acquire sufficient collateral to obtain
bank credit. Women usually marry young (the majority by age 16 in rural areas),
average about seven live births, and die relatively young. About 67 percent of
women between the ages of 40 and 45 live in polygamous umons.
Violence against women, usually wife beating, is not uncommon, particularly in
rural areas; however, there are no accurate statistics. Police do not normally intervene
in domestic disputes, and women are reluctant to go outside the family for redress.
Persons convicted of rape may be sentenced for up to 10 years in prison, and
more if the victim is a minor.
In mid-1992, there were numerous reports of women being kidnaped and raped
in the Casamance in connection with MFDC or bandit-related violence. Female genital
mutilation (circumcision) 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 in the field, the percentage of Senegalese women who have
undergone this procedure may be as high as 50 percent. Genital mutilation generally
occurs at the age of 9. Infibulation, the most extreme and dangerous form of
fenital mutilation, is practiced only by the Toucouleur and Peulh ethnic groups,
'erhaps 6 percent of &negalese women have undergone this procedure. There are
no laws or regulations prohibiting female genital mutilation. However, in 1990
President Dioui established a new ministerial-level office responsible for the welfare
of women and children. The incumbent, one of three women ministers, has promoted
programs to educate village women to the dangers of genital mutilation.
 
 
Section 6. Worker Rights
 
      a. The Right of Association
The rights of workers in the formal sector are protected
by a rigorous Labor Code. 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 profession for at least 1 year, may form a trade 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. Although unions
sometimes fail to obtain initial recognition, once received, recognition is virtually
never withdrawn. Even though they represent a small percentage of the working
population, unions wield significantpolitical influence because of their ability to disrupt
vital sectors of the economy. The industrial component of the total work force
of 3.9 million is almost totally unionized; more than 70 percent of the labor force
is engaged in agriculture. There are no unions in the agrarian sector except for the
CSS sugar monopoly; CSS is the only plantation in Senegal, and it offers its employees
about the same standard of living as those in industry.
The National Confederation of Senegalese Workers (CNTS), the largest union organization,
has close ties to the ruling Socialist Party (PS) and has a considerable
number of government positions. Whife ostensibly an independent organization, the
umbrella CNTS has supported government policies. The CNTS Secretary-CJeneral is
a National Assembly Vice President, a member of the PS Politburo, and one of
President Dioufs key advisers. The rival to CNTS is the National Union of Autonomous
Syndicates of Senegal (UNSAS). UNSAS is a growing federation of strategically
important unions, such as those of electricians, telephone and telegraph workers,
teaaiers, hospital and railroad workers, and sugar producers. UNSAS has no
political orientation, and its increasing membership is challenging CNTS. There also
are two smaller organizations: the Democratic Union of Senegalese Workers, which
is composed mostly of manual laborers in the private sector, and the Coordination
of Autonomous Trade Unions composed of teachers, urban transit workers, and two
smaller organizations.
The right to strike is provided in the Constitution. In 1992 a strike by bus drivers
was quickly broken when the army replaced the drivers. UNSAS-affiliated hospital
employees were on strike 3 days a week from August to October, leaving rural and
urban hospitals with limited services. In solidarity with the hospital workers, the
UNSAS electricity workers union went on strike for 3 days in October, leaving
Dakar and most of the country without power and water. The Government said the
electrical woricers sabotaged the generators, but the union denied it. UNSAS threatened
a general strike, but called it off when the Government agreed to negotiate
with them.
The CNTS is active in regional and international labor organizations and is the
dominant Senegalese member of the Organization of African Trade Union Unity.
UNSAS is not amliated with any regional or international labor organization.
b. Tfie Right to Organize ana Bargain Collectively.—Senegalese unions have the
right by law to organize and to bargain collectively, and these ri^ts are protected
in practice. There are also legal prohibitions governing discrimination by employers
against union members ana organizers. During 1992, there were no known in223
stances of workers being forcibly discouraged from exercising the right to organize
and bai^ain collectively. The Ministry of Labor will intervene in disputes between
labor and management when requested, and it plays a mediation and arbitration
role in the private and state-enterjprise sectors.
Senegalese labor laws apply in principle to aU industrial firms, including those
in the export free zone in Dakar. However, firms operating in the free zone and
those elinble for benefits under the Investment Code enjoy certain exceptions to the
1989 Labor Code. These firms do not need prior government authorization to dismiss
employees, which all other businesses in the formal sector do, and may hire
workers on the basis of temporary contracts for a period of up to 5 years.
 
      c. Prohibition of Forced or Compulsory Labor
There were no reports of forced
labor in Senegal, 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. Inspectors from
the Ministry of Labor 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 16 are frequently employed in
the much larger traditional or informal sector, and minimum age and other woikplace
regulations are not seriously enforced on family farms in rural areas and in
small, privately owned businesses.
 
      e. Acceptable Conditions of Work
Legislation mandating a monthly minimum
wage has been in force since independence in 1960. The actual rate is determined
by the Ministers of Labor and Finance after negotiating with the union and management
councils. Recent CNTS efforts have concentrated on raising the minimum
wage for unskilled laborers, which, according to the unions, is not suiucient to maintain
a decent standard of living. Workers must frequently supplement incomes
through second jobs and reliance on the extended family.
Within the formal economic sector, Senegalese law mandates: a standard workweek
of 40 to 48 hours for most professions; 1 month per year of annual leave; and
a variety of health benefits and safety standards. These regulations are incorporated
into the 1989 Labor Code approved by the National Assembly and are supervised
by inspectors from the Ministry of Labor. Enforcement, however, appears to be uneven,
especially outside the formal wage sector. In March Senegal suffered its worst
industrial accident ever when a tank truck of liquid ammonia exploded at Dakar's
SONACOS peanut oil factory, killing over 100 and injuring hundreds more. Newspapers
and the CNTS reported that the tank had been overfilled by an untrained
person. The disaster initially prompted outcries for the enforcement of safety regulations
already on the books and the enactment of others, but since then uttle has
happened.
The Labor Code does not apply to the informal and a^cultural sectors. There are
no explicit legal protections for workers who file complaints about unsafe conditions.
There was an initial move to tighten enforcement oi regulations on working conditions
following the SONACOS explosion, but it has lost momentum. While there are
regulations on the books concerning workplace safety, they are often not enforced.