UN human rights chief says Senegal has made important advances, but gaps remain

18 March 2011

DAKAR, SENEGAL – The UN High Commissioner for Human Rights Navi Pillay said Friday that Senegal had made significant strides in its efforts to protect the human rights of its citizens in recent years, but noted that more attention was needed in a number of areas, including women’s rights and efforts to combat the trafficking of children throughout the West African region.

She also called for urgent action from Senegal in order to commence a trial against former Chadian dictator Hissène Habré. She reminded Senegal that, having custody of a suspect of international crimes, it is “under the obligation to either try or extradite M. Habré.” She took note of the fact that a joint meeting between the African Union and Senegal will take place in Addis Ababa next week to discuss the matter, and she urged the Senegalese authorities “to find a sensible solution with the African Union in order to move forward with the trial as rapidly as possible.” She also underlined the damage that would be done to Senegal’s international reputation if swift progress is not made.

During her three-day visit to Senegal, Pillay met with President Abdoulaye Wade, the Minister of Foreign Affairs, the Minister of Justice, the Minister of Gender and Relations with African and International Women’s Associations, and the Minister of Human Rights. She also met with other government officials, the Special Representative of the UN Secretary-General for West Africa, civil society organizations and other actors.

Furthermore, the High Commissioner met with the Heads of all OHCHR Field Presences in the sub-region. During this meeting, a number of human rights issues of common concern were discussed such as human rights in electoral processes, the fight against impunity, human rights and gender, and economic, social and cultural rights.

“In a part of the world which has seen more than its fair share of conflict and human rights violations in recent decades, Senegal has been notable for its stable democracy and a steady improvement in human rights,” Pillay said. “As I have learned during this visit, it is also prepared to continue that process in order to overcome some of the remaining gaps and shortcomings in its domestic protection systems.”

Pillay and Senegal’s Minister of Foreign Affairs, Madické Niang, signed a Memorandum of Understanding (MoU) extending the mandate of OHCHR's Regional Office for West Africa for an indefinite period. The office was established in 2008, initially for a two-year period.

“It is, unfortunately, very rare that states enter into open-ended agreements like this with us,” Pillay said. “This is a forward-looking agreement that enables us to engage in serious long-term planning at the regional level, as well as within Senegal itself.” During a press conference following the signing of the MoU, in another move welcomed by Pillay, Mr. Niang announced that Senegal would extend a standing invitation to all independent UN experts, known as Special Procedures mandate holders, to visit the country; Senegal is only the fifth African country to do so.

The High Commissioner noted that Senegal had taken steps towards implementing the recommendations made by other states when the country underwent the Universal Periodic Review at the Human Rights Council in Geneva in 2009. During her meetings, however, she underlined the importance of developing a national plan for the implementation of the recommendations, and offered OHCHR’s readiness to assist.

While noting the Senegalese Government’s efforts to advance the rights of women, the High Commissioner urged it to remove a number of discriminatory elements that are still contained in national legislation, and hamper efforts to achieve true equality between men and women. She highlighted, in particular, provisions recognizing the husband as the sole head of the family; dispositions which limit children from acquiring Senegalese nationality through their mother, and discriminatory provisions regarding inheritance. The High Commissioner also made reference to harmful traditional practices, stressing that these seriously undermine women’s and girls’ rights and that the government should continue its efforts to eradicate all such practices.

“The adoption of good laws – and equally importantly, the implementation of such laws – is fundamental,” Pillay said. “You cannot expect society to change its attitudes to women’s rights if discrimination remains institutionalized in a country’s legal framework.”

During her meetings with President Wade and key cabinet officials, the High Commissioner received assurances that the Government attaches great importance to the new law on gender equality, and that it will implement this law as soon as possible, including its provisions relating to gender equality in electoral lists, which will be applied during next year’s legislative elections.

The High Commissioner also expressed concern over the plight of the so-called Talibé-children. All too often, these children are the victims of trafficking and exploitation; in many cases, they are deprived of education, health care, decent housing and food. In this light, Pillay expressed concern over the rising number of children who are victims of trafficking in the sub-region -- in particular in Guinea, Guinea-Bissau, Mali and Senegal itself -- and encouraged Senegal to play an active leadership role in efforts to tackle this issue, including through the implementation of regional legislation and agreements.

“We cannot tolerate, in any circumstance, the violation of the human rights of children. This is a matter of urgency,” she said. “Children’s lives are being permanently blighted by trafficking. Governments in the region need to act quickly and decisively to punish all of those responsible, including traffickers, and free children from this deplorable exploitation.”

On Thursday, the High Commissioner visited a centre which rehabilitates victims of torture from throughout the region, located in Thiès, some 60 km east of the capital Dakar. The centre, VIVRE-CAPREC, is primarily funded by the UN Voluntary Fund for Victims of Torture.

“Torture is odious. It is a crime against humanity, and is unambiguously and unequivocally against international law,” Pillay said. “While that is widely recognized, torture is still prevalent in many countries, and victims all too often receive little in the way of psychological, medical, economic or social support. For that reason, the work of centres like the one in Thiès is so important.”

Pillay was able to hear the testimonies of several victims. These included a woman who had come to the centre as a refugee after she and her mother had been raped by security forces whilst fleeing unrest in Mauritania. She also heard the harrowing account of a Liberian man who had been tortured and blinded during that country’s brutal civil war.

Pillay urged the Senegalese government to fulfill its obligations to submit a number of overdue reports to the Human Rights Treaty Bodies, which periodically monitor whether states are complying with the international human rights treaties they have ratified, and to harmonize national legislation with all the international instruments they have ratified so far.

Whilst underlining that freedom of expression is largely respected in Senegal, the High Commissioner also stressed people’s right to peaceful assembly. Several such assemblies are scheduled to take place over the coming days linked to growing popular discontent over a number of social and economic issues. “It is crucial that the government respects the right to peaceful assembly,” the High Commissioner said, adding she was pleased to note that Foreign Minister Madické Niang guaranteed that it will be.

The High Commissioner further called on the Senegalese Government to ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights; and the Optional Protocol on the Convention on the Rights of Persons with Disabilities.

Finally, the High Commissioner called upon the international community to increase its efforts to assist the countries of the sub-region in their attempts to tackle some of the major human rights issues affecting West Africa, notably in the area of violence against women, child trafficking, and efforts to further prioritize the attainment of economic, social and cultural rights.

ENDS