A/HRC/11/24*
56.
With regard to freedom of expression, a commission is currently discussing the
question of the decriminalization of press offences. It is important for journalists to receive
proper training in order to ensure that they obey the rules, even though, at present, there is
only one journalist in prison in Senegal; such convictions can be found in any democracy.
Freedom of association is fully guaranteed in Senegal except where there is a real risk of
public order disturbances and it is always possible to appeal any decision before a court.
This freedom is enshrined in the Constitution.
57.
The independence of the judiciary is also respected. The composition of the Judicial
Council is under discussion and, at present, only the President and the Minister of Justice
are not judges. Thus, even when the Minister of Justice wants to have a judge transferred by
a decision of the Judicial Council, it is the judges who take the decision because they make
up the majority.
58.
The delegation recalled that, with regard to freedom of the press, the State provides
training grants and assistance with the creation of community radio stations, with total
funding amounting to 1 million dollars. These funds are allocated through a joint body in
which the State is a minority stakeholder. A press centre will be set up in 2010. The
freedom of the press is reflected in the presence of a large majority of opposition media.
59.
With regard to torture in places of detention, the delegation recognized the existence
of such cases, which are systematically investigated; where appropriate, the investigations
have led to convictions in addition to disciplinary sanctions. In that connection, in 2001, the
office of sentence enforcement judge was created and, once the Senate has adopted the
relevant legislation, the National Observatory of Places of Detention will be set up. Its
reports will be public. In Senegal, torture is prohibited and, if there is conclusive evidence
that torture has been committed, an action is brought.
60.
The Government has embarked on the second phase of the poverty reduction
programme, which primarily targets women and children. Children receive special
protection. In addition to ratifying all the relevant conventions, Senegal has provisions in
place for children in families, schools and public areas, such as the streets. In that regard,
Senegal is addressing the question of talibés by helping the Koranic schools. Corporal
punishment is prohibited; one Koranic teacher has been convicted for that offence.
61.
The head of the delegation concluded by saying that the statements had enabled him
to take stock of what had been done in Senegal and to draw lessons on how to continue
improving the situation.
62.
The United Arab Emirates noted that the Constitution reflects the rights and
principles of international conventions. It welcomed the efforts made to establish an
institutionally-based rule of law. It noted that according to the national report, human rights
are not necessarily well known by everyone and encouraged Senegal to step up its efforts to
develop programmes and take action to publicize human rights.
63.
Canada welcomed the adoption of a law modifying the Constitution, which will
allow Hissène Habré to be tried by the Senegalese justice. Canada was concerned about the
fact that homosexuality is criminally repressed and recommended that Senegal modify its
Criminal Code to abolish the criminalization of homosexual acts, in line with the provisions
of ICCPR, particularly articles 2 and 26. Canada noted that, despite the legislation
punishing it, violence against women continues. It recommended that Senegal take
measures to raise awareness among the public and all players involved in the judicial
system regarding the need to respect and apply this legislation. Canada recommended that
Senegal respect the commitments concerning the freedom of expression which it undertook
by ratifying the ICCPR. Canada noted that access to the legal system remains problematic
and recommended that Senegal put in place means and mechanisms to raise awareness
among its citizens regarding access to justice.
GE.09-16280
11
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