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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