Senegal Faces Scrutiny at CERD Meeting: Committee Raises Concerns on Racial Discrimination, Outdated Statistics, and Inadequate Measures
Committee on the Elimination of Racial discrimination 110th Session
7th to the 31st of August 2023
Review of Senegal
17th to 18th of August 2023
By Lené Sophia Strydom / GICJ
Executive summary
The Committee on the Elimination of Racial Discrimination convened on the 17th and 18th of August 2023 to review the combined 19th to 23rd periodic reports submitted by Senegal under Article 9 of the Convention on the Elimination of Racial Discrimination. The meeting was attended by the Senegalese delegates including Minister of Justice Ismaïla Madior Fall, Ambassador of Senegal Coly Seck at the permanent mission in Geneva, and Rapporteur Stamatia Stavrinaki.
The Delegate of Senegal, Ismaïla Madior Fall, affirmed that racial discrimination is a top priority in Senegal, with many laws and programmes implemented to combat all forms of discrimination towards minorities including women, children, and albinos. The delegate of Senegal raised numerous examples emphasising their continuous efforts to eliminate racial discrimination, such as modernising political parties, implementing citizenship rights, improving rights for women and children, and addressing refugee status. However, they also disclaimed certain aspects that are of the highest importance for Senegal, such as the protection and safety of women and children, and ensuring that local communities have rights that include access to drinking water, transport, and civil society.
During the Interactive Dialogue, six key themes emerged: [1] statistics, [2] The Convention in domestic law and the institutional and policy framework for its implementation, [3] implementation of the Convention, [4] the situation of non-citizens, [5] access to justice, and [6] human rights training and awareness-raising.
After an intense Interactive Dialogue, the delegate of Senegal continued to assure the council that they would take into account the raised issues. However, the Rapporteur, Stamatia Stavrinaki, continued to emphasise her concerns about the lack of specificity in Senegal’s responses to the questions presented by the committee.
In her closing remarks, the Rapporteur underscored that there were unanswered questions from the Committee, specifically regarding the adoption of measures on refugees and the labour code. The Senegalese delegation had 48 hours to submit additional replies in written form.
The Geneva International Centre for Justice (GICJ) commends Senegal for its policies and laws aimed at eliminating racial discrimination, as well as its ongoing efforts to ensure the safety and well-being of its citizens. However, GICJ remains concerned with the continuing reports of racism within Senegal's indigenous population and the safety of minorities, including women, children, and albinos. Lastly, GICJ fully supports the committee's recommendations and looks forward to Senegal's continued engagement in addressing the unanswered questions.
Background
The Committee on the Elimination of Racial Discrimination (CERD) conducted a session on the racial discrimination continuously occurring in Senegal. CERD held a similar session in 2012, with no positive and concrete outcome. The Committee expressed disappointment that Senegal, as early as 2012, relied on the absence of formal complaints and court decisions as proof of the absence of racial discrimination within the country. Regrettably, this argument still prevails today, indicating a lack of significant progress in tackling this pervasive issue.
Furthermore, the meeting delved into the problem of discrimination based on ancestry and caste. It was noted that in 2012, the Committee had already reiterated concerns expressed in 2002 about the persistence of a phenomenon of caste in Senegal. This phenomenon leads to the stigmatisation and ostracism of certain groups and, more alarmingly, violates their fundamental rights. The Expert Member expressed deep regret that Senegal has not taken sufficient action to combat caste stereotypes and dismantle these harmful, discriminatory practices.
Considering the current context of the COVID-19 pandemic and ongoing political tensions, addressing racial discrimination has become all the more crucial. Discrimination on the basis of race, ancestry, or caste not only perpetuates social inequalities but also exacerbates divisions within the society, hindering efforts to navigate the challenges of the pandemic and political instability. It is imperative for Senegal to intensify its efforts to combat racial discrimination and promote a more inclusive and equitable society for all its citizens.
Outdated Statistics and Inadequate Measures
Racial discrimination in Senegal continues to be a pressing and persistent issue, as brought to the forefront during the recent meeting of the Committee on the Elimination of Racial Discrimination (CERD). Ms. Stamatia Stavrinaki, Rapporteur of the Committee for the consideration of the report of Senegal, revealed significant challenges in addressing this problem. During the Interactive Dialogue, Stavrinaki shed light on a 2018 survey conducted in Dakar, where 13.9% of migrants reported having experienced physical attacks or theft, and an equal number claimed to have suffered from various forms of discrimination. These statistics underscore the gravity of the situation and the urgent need for effective measures to combat racial discrimination.
Regarding data submitted by Senegal, Ms. Stavrinaki highlighted her concerns with the outdated statistics from 2015 or earlier, and seeing the extent of the economic, social and political situation in Senegal, she stated “The statistics date back to 2013, whereas the state party core document received by the High Commissioner in 2015 adds statistical data as to the graphic makeup but does not make any reference to the socio-economic indicators desegregated by ethnic origin - this response is not satisfactory and shows a fragmented approach”.
Court and Penal Code
The Rapportuer, Ms. Stavrinaki, emphasised the issue of the Courts and the implementation of the Penal Code. Ms. Stavrinaki, requested further information on the application of Article 166 bis of the Penal Code, regarding the ban on racial discrimination. This article punishes “any administrative and judicial agent, any agent vested with an elective mandate, any agent of public authorities, any agent or employee of the State, public establishments, national companies, semi-public companies or legal entities under private law benefiting from financial assistance public authority, which has refused, without legitimate reason, to a natural or legal person, the benefit of a right due to racial, ethnic or religious discrimination”. Ms. Stavrinaki further sought information on what concrete measures have been taken to combat racial profiling.
Furthermore, Ms. Stavrinaki recalled that as far back as 2012, the committee expressed regret over Senegal’s reliance on the absence of complaints and court decisions as evidence of the absence of racial discrimination within the country. This has not changed today. In light of this, she referenced a survey on the profile of migrants in Dakar conducted in 2018. This survey revealed that 13.9% of migrant participants reported suffering from discrimination, as well as experiencing physical attacks or theft in Senegal. Thus, Ms. Stavrinaki emphasised her concern over the measures implemented and called for new concrete measures to eliminate racial discrimination. Ms. Stavrinaki inquired about specific actions taken, including educating different ethnic groups within the population and non-citizens about other ethnic groups within Senegal to eliminate racial discrimination between them.
Moreover, Ms. Stavrinaki expressed her concerns about understanding whether all forms of racial discrimination prohibited by the Convention, including discrimination based on descent, were explicitly addressed in the Penal Code and whether such provisions triggered the application of aggravating circumstances in relevant cases.
Racial discrimination of ethnic minorities
Ms. Stavrinaki raised her concerns on specific issues regarding discrimination in Senegal including anti-LGBTQ+ hate speech, Casamance, Talibé children, non-citizens, and child labour.
Ms. Stavrinaki found that anti-LGBTQ+ hate speech was prevailing on social media and social networks. She emphasised her concerns for this specific report, as the hate speech found was written in Wolof, a language that is not, and can not be automatically translated into a language used by moderators. This undermines freedom of expression and freedom of assembly of groups, allowing for racial or ethnic discrimination to take place without the repercussions of racially discriminating in another language.
Another concern raised was the development and opening up of Casamance. Ms. Stavrinaki found that this development has led to a tense and complex situation in the region, particularly in March 2022, where the Senegalese army launched Operation Nord Bignona to dismantle the rebel bases of the Movement of Democratic Forces of Casamance (MFDC). The army fought illegal logging and timber trafficking, which all took place near the Gambian border. Ms. Stavrinaki underscored the chilling numbers of Senegalese forcefully displaced from the operation. According to the Gambia National Disaster Management Agency (NDMA), 691 Senegalese nationals were forced to take refuge in Gambia. Moreover, since the demonstrations of June 1st, there have been restrictive measures enforced on transport, hindering the mobility of people and goods leaving or entering Ziguinchor. Thus, Ms. Stavrinaki, requested more recent information on the developments of the situation of ethnic groups affected by this conflict.
The protection of the Talibé children was a crucial concern of the Rapporteur. Ms. Stavrinaki accentuated the alarming mistreatment of Talibé children. According to Ms. Stavrinaki, in 2021, there were some prosecutions and convictions of Koranic teachers for mistreating Talibé children, specifically for hitting and chaining children, and for causing the death of a boy following beatings in 2020. Ms. Stavrinaki referred to a report published by Amnesty International published in December 2022, about the lack of concrete actions, and insufficient efforts to end the torture of Talibé children. The report states the Talibé children are still “prey to forced begging, violence and deplorable hygiene and health conditions. No country should tolerate children being mistreated, exploited or tortured in schools or elsewhere,
The concern regarding non-citizens, was emphasised not only by the Rapporteur but by many others in the room as well. Ms Stavrinaki recalled that Senegal is simultaneously a sending, receiving and migratory transit country. Thus, according to the International Organisation for Migration, since 2014, at least 3,310 people have disappeared or died on the migration route linking West Africa to the Canary Islands. She took note of the adoption of the 2022 law on the status of refugees and stateless persons, which aimed to clariys the legislative framework applied to refugee rights. Therefore, Ms, Stavrinaki requested more information on the procedures for granting refugee status and institutional aspects. Furthermore, Ms. Stavrinaki underscored that as of the 26th ofJune 2023, out of a total number of 13,284 detainees, 1,111 (8.36%) were of foreign nationality, accentuating the concern of non-citizens and their rights to a fair trial.
Lastly, the Rapporteur, Ms. Stavrinaki discussed the issues regarding child labour. In Senegal, child labour is illegal, yet Ms. Stavrinaki has found reports of children continuing to be sexually abused and exploited in the country’s gold mines. The majority of these children are migrant children, specifically nationals of West African countries, whose only choice of survival is to work under these heinous conditions.
Interactive Dialogue
Ms. Tebie from the Country Task Force raised questions about Senegal's progress in implementing the Banjul Plan of Action on the Eradication of Statelessness 2017–2024, the existence of a national plan for addressing statelessness, the number of stateless individuals, and efforts to integrate them. She also inquired about Senegal's plans to improve birth registration, especially for refugee children and asked for information about the National Commission for the Management of Refugees and Stateless Persons and the impact of the Act on the Status of Refugee and Stateless Persons adopted in 2022.
The Chair observed during her visit to the island of Gorée many people mourning their ancestors who had been trafficked in the slave trade, however also witnessed commercial activity by sellers of goods to the mourners, which she felt, was insensitive to the mourners. She asked the delegates of Senegal what had been implemented to educate the sellers of the past and to respect the mourners, specifically in the context of the International Decade for people of African Descent.
Ms. Ali Al-Misnad highlighted the truth behind statistics, where more than two-fifths of Senegalese children were out of primary and secondary school, with attendance figures especially low for girls and disadvantaged children. Children in religious schools, who often came from poor families, were beaten and forced to beg. She requested further information on what measures have been taken to improve the quality of education and access to education for poor children.
Mr. Diaby brought up the recent football allegation in 2022. The Egyptian Football Association had filed an official complaint against Senegal for the racial discriminationthe Egyptian players had experienced during a World Cup qualifying match in Senegal. He wondered what the Senegalese authorities had done to investigate the allegations, and what measures have been implemented to prosecute the perpetrators. On another matter, Mr. Diaby questioned which measures had been taken for human rights defenders and their injustice treatment.
Ms. Tlakula wanted to determine if Senegal had implemented a law prohibiting online hate speech, considering the Regulatory Authority for Telecommunications and Post was permitted by law to “limit or block access to certain websites and social media platforms”.
Mr. Kut was intrigued with the status of the bill on Daara modernisation, after the consideration from the Council of Ministers in 2018, and what support has been provided for Daara schools from technical and financial partners and the Government. Furthermore, Mr. Kut requested more information on the extent the National Anti-Trafficking Unit has succeeded in protecting innocent children from exploitation, as well as actions implemented to take children off the street as a form of protection.
Mr. Seck answered the Committee’s questions and concerns. He emphasized the need for caution when using terms like "excessive use of force" and stated that the police and security forces in Senegal had acted with proportionality and necessity during recent illegal protests, showing restraint even when attacked by protesters.
He mentioned that there were no recent arrests of human rights defenders in Senegal, highlighting the country's considerable freedom of expression. He offered to provide clarification if the Committee could name individuals allegedly arrested or hindered in their work.
Mr. Seck noted that both Senegal and Egypt had submitted complaints to FIFA after a football match, with the Senegalese team facing racist remarks previously. During the recent match in Senegal, laser incidents occurred, but there were no acts of racism.
He highlighted efforts to protect Senegalese nationals living abroad, addressing discrimination against Senegalese veterans of World War II. An agreement with France allowed them to draw their pensions in Senegal, relieving the obligation to remain in France for this purpose.
Mr. Ndiaye articulated that Casamance does not have a specific ethnic group, with the region’s problems related to the activities of the Mouvement des Forces Démocratiques de Casamance, and not with ethnicity. Moreover, he emphasised that the Government and the World Bank had implemented the Casamance Economic Development Project with over 60 local government authorities, in two phases in order to promote economic development in the geographically isolated region. On another topic, Mr Ndaiye highlighted measures to prevent criminal activity and ensure public safety by introducing restrictions on transport and the prevention of the spread of hate speech.
Concluding observations
The delegation of Senegal provided a comprehensive overview of the country's stance on various human rights issues. Emphasising the absence of discrimination within the nation, the delegation highlighted the unique social fabric where all population groups are interconnected through cousin ties. They underscored the legal prohibition and practical non-existence of discrimination while acknowledging the existence of castes as a matter of tradition.
The delegation asserted the government's commitment to safeguard against discrimination and expressed regret that civil society organizations did not submit more reports. Addressing concerns about the Senegalese Human Rights Committee, the delegation outlined ongoing efforts to restore its A status, signaling cooperation between the government and civil society. The delegation affirmed measures taken to satisfy local communities in resource exploitation projects and asserted that migration is an individual choice unrelated to specific industrial activities.
Regarding law enforcement, the delegation denied allegations of excessive force, emphasizing proper conduct in line with principles of proportionality and legitimacy. They urged consideration of the destruction during "illegal demonstrations" and questioned sources reporting excessive force. The delegation, unaware of human rights defenders being imprisoned, stressed the importance of everyone being subject to the law. Temporary restrictions on social networks were attributed to counter-terrorism efforts during demonstrations.
The delegation clarified Egypt's complaint in a football match context, denying any racist acts by Senegalese supporters. Addressing the situation in Casamance, they refuted ethnic problems and requested the removal of certain references in reports. The delegation highlighted measures for juvenile justice, combatting violence against children, and addressing the issue of Talibé children. Senegal's migration law, non-discrimination in registrations, positive education indicators, and efforts to commemorate the memory of slavery were also outlined.
Finally, the delegation explained the expulsion of Guineans within the framework of the Economic Community of West African State (ECOWAS), attributing it to the risk of public order disturbances by a small group participating in demonstrations. Overall, the delegation presented a nuanced perspective on Senegal's commitment to human rights and ongoing efforts to address various challenges.
Geneva International Centre for Justice Position
Geneva International Centre for Justice (GICJ) expresses its commendation for Senegal's proactive stance in developing and implementing policies and laws geared towards eradicating racial discrimination. Senegal's dedication to ensuring the safety and well-being of its citizens reflects a commitment to fostering a society founded on principles of equality and justice.
While acknowledging Senegal's strides in promoting inclusivity, GICJ remains vigilant regarding reports of persisting racism within the country's indigenous population. GICJ is particularly concerned about the safety of vulnerable groups, including women, children, and individuals with albinism. Despite the commendable efforts made thus far, GICJ urges continued attention and action to address these issues comprehensively.
Moreover, GICJ fully endorses the recommendations put forth by the Committee and anticipates Senegal's sustained dedication to addressing any unanswered questions or challenges. We emphasise the need for open dialogue, cooperation, and ongoing collaboration between Senegal and the international community to foster a culture of understanding, tolerance, and respect for human rights.
In conclusion, while acknowledging Senegal's positive initiatives, GICJ remains committed to monitoring the situation closely and encourages continuous improvement to build a society where every individual, regardless of their background, can thrive in an environment free from discrimination and prejudice.
