A/HRC/11/L.10
page 119
485. Senegal recalled that homosexuality was not a crime in Senegal, although article 319 of the
penal code criminalized impure acts or unnatural acts with another person of the same sex. The
Minister stated that most of the Senegalese people were hostile to homosexuality in the manner
in which it was manifested in some societies. Ignoring this reality could lead to extremist
attitudes. Therefore, Senegal intended to tackle this issue with serenity and moderation. Nobody
was currently in detention on the basis of article 319 of the penal code since the Court of Appeal
of Dakar had ruled that those who had been arrested on this basis a few months earlier should be
released immediately.
486. The above-mentioned case was further proof of the independence of the judiciary. The
delegation stated that the recommendation made on the separation of powers was already
effective in Senegal, which was a law-abiding State. In order to reinforce the independence of
the judiciary, a review of the Organic Law 92-27 was ongoing. It aimed at amending several
provisions regarding the statute of magistrates, particularly with regard to the fact that they could
not be removed, disciplinary measures and revocation.
487. Senegal recalled that fundamental freedoms, such as the freedom of expression and the
freedom of peaceful assembly, were guaranteed in the Constitution and that the recommendation
on this issue would be a new incentive to better protect these freedoms. Senegal recalled that the
recommendation on non-discrimination against women and their access to education and health
were in accordance with the State’s voluntary policies on health and education, as were
legislative and other measures to fight against gender discrimination, including the ongoing
national strategy on gender equality and equity for the period 2005-2015.
488. With regard to a standing invitation to special procedures, Senegal recalled its readiness to
accept formal invitations and its full collaboration with mandate holders.
489. In conclusion, Senegal expressed its deep belief in the need for the involvement of
non-governmental organizations in human rights and their dialogue with States, as well as the
refusal of impunity, which was essential to the promotion and protection of human rights and
was not negotiable.
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