United States Department of State, U.S. Department of State Country Report on Human Rights Practices 1998 - Senegal, 26 February 1999, available at: https://www.refworld.org/docid/3ae6aa5510.html [accessed 22 October 2022]
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Senegal is a moderately decentralized republic dominated by a strong presidency. President Abdou Diouf, who has been in office since 1981, was reelected to a 7-year term in 1993. Credible international observers reported favorably on the registration, campaigning, and polling phases of that election, and stated that observed irregularities in those phases did not materially affect the outcome; however, in the vote tabulation phase, the National Tabulation Commission could not reach consensus and its head resigned, indicating pressure from the Government. Members of the President's Socialist Party (PS) have occupied the presidency and dominated the unicameral legislature since independence from France in 1960, although opposition parties have been legal. During the year, the Government amended the Constitution to create a second legislative chamber, a Senate, in which the President is to appoint one-fifth of the members and an Electoral College consisting largely of elected local and regional government officials is to chose most of the others; both the Constitutional Court and most major opposition parties objected to this system for selecting Senators. In May the PS won 50 percent of votes cast and 93 of 140 seats in elections for an expanded National Assembly. Unlike previous elections, these were supervised by a National Election Observatory (ONEL), independent of the Government. Although the elections were marred by violence and by persistent flaws in the electoral system, and although most international observers were not permitted to monitor them, they apparently were generally freer and significantly more transparent than previous elections, including both the 1993 national elections and the countryâs first regional and local elections, held in 1996, which were characterized by irregularities and fraud. In March prior to the elections, the Senegalese Democratic Party quit the Cabinet. Following the elections, in July President Diouf appointed a 32-member cabinet that included only 1 minister from an opposition party. The Government continued to implement decentralized regional and local administrations. Sporadic fighting continued in the Casamance area in the southern part of the country between the Government and the secessionist Movement of Democratic Forces in the Casamance (MFDC). The judiciary is independent, but subject in practice to government influence and pressure. The armed forces are professional and generally disciplined. They traditionally remain aloof from politics and are firmly under civilian control. The paramilitary gendarmerie and the police are less professional and less disciplined. Some members of the security forces, the gendarmerie, and the police continued to commit serious human rights abuses. The country is predominantly agricultural with roughly 70 percent of the labor force engaged in farming. Recorded gross domestic product (GDP) per capita is estimated at about $600 a year, but this excludes a large informal economy. Since the devaluation of the CFA franc in 1994, the Government has implemented a series of economic policy reforms to enhance competitiveness by dismantling monopolies, liberalizing markets, and privatizing several state-owned industries. Recorded GDP per capita has a grown at an average rate of between 2 and 3 percent a year since 1995. Exports account for about one-third of recorded GDP, and are led by fish and fish products, phosphates and fertilizers, tourism, and peanuts. The Government continued to receive external assistance from international financial institutions and other sources, and such assistance represents an important part of the national budget. The Government respected the rights of its citizens in many areas, but its human rights record was marked by serious problems in other areas, particularly reports of extrajudicial killings and disappearances, torture and beatings by police of suspects during questioning, arbitrary arrest and detention, and lengthy pretrial detention. The Government rarely tries or punishes members of the military, gendarmerie, or police for human rights abuses. Prison conditions are poor. The judiciary is subject to government influence and pressure and suffers from low salaries and insufficient resources. At times the police infringe on citizensâ privacy rights. There were several instances in which the Government limited freedom of assembly. The Socialist Party's continued domination of political life calls into question the extent to which citizens can meaningfully exercise their right to change the Government. The ONEL improved transparency in the May legislative elections; however, persistent flaws in the electoral system remain. The Governmentâs creation of a second legislative chamber, no members of which are to be directly elected by the people and one-fifth of the members of which are to be appointed by the President, further reduced the ability of citizens to change their Government and increased the presidencyâs domination of the State. Domestic violence and discrimination against women, female genital mutilation, and child labor remained problems. Mob violence also is a problem. Rebel MFDC forces reportedly were responsible for killings and torture.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Political and Other Extrajudicial Killing
While there were no confirmed reports of political or extrajudicial killings by government officials during the resurgence of violence in the southern Casamance region that began in early 1997, government forces were suspected of responsibility for many civilian deaths. According to eyewitness reports, on the night of February 20, during an identity verification check of a group of young men gathered in a residential area, police officers from the Thiaroye station in Dakar arrested and beat one young man who had tried to flee. The victim reportedly was taken to a nearby medical center where the duty nurse certified the death and noted the presence of blood, broken limbs, and swollen areas on the corpse. The following day a doctor at Aristide le Dantec public hospital performed an autopsy and determined that the victim had died from natural causes. Skeptical family members requested a review of this finding, and the African Assembly for the Defense of Human Rights (RADDHO ö a Senegalese human rights organization) assisted the victimâs family to file a legal complaint in March. The case reportedly was pending at yearâs end. In December 1997, in the face of resistance put up by a group of inhabitants being issued an eviction order, law enforcement officers from the Hann gendarmerie station in Dakar opened fire, killing a child. Although no autopsy certificate was made available, with the assistance of the RADDHO, the family of the victim filed a legal complaint. In March a government report on the Casamance conflict stated that 97 civilians were killed in 1997. The report made no mention of government responsibility for civilian deaths or any investigations into such allegations. However, in a report released in February, Amnesty International (AI) charged that government security forces committed extrajudicial killings, torture, and illegal detention of civilians in the Casamance during 1997 and earlier years. Following the outbreak of a rebellion in June in neighboring Guinea-Bissau, Senegalese troops in the area near the rebelsâ main base in Bissau were reportedly under instructions to shoot to kill anyone seen on the streets. These instructions may have contributed to the June 23 shooting of two guards at a foreign embassy, one of whom died from his injuries. Eyewitnesses identified the assailants as Senegalese soldiers. A subsequent investigation by Senegalese military authorities concluded that it was not possible to determine which side fired at the two guards, who reportedly were caught in a crossfire. Also on June 23, Senegalese troops reportedly shot and killed three unidentified youths who were fleeing the soldiers in the Bissau neighborhood of Antula. Senegalese forces were observed stealing private vehicles and other goods and attempting to ship them to Senegal. The Senegalese military arrested two Senegalese soldiers on charges that they looted a foreign ambassadorâs residence on July 14 in Bissau. There were unconfirmed reports that in June Senegalese troops fired heavy artillery shells across the border into Guinea-Bissau. On many occasions vigilante groups and mobs lynched suspected thieves. In April representatives from 52 villages in the area around the eastern town of Kidira met to discuss a problem of banditry and livestock theft. A mob formed and assaulted a Mauritanian refugee camp, killing one refugee. The next day the same group of local inhabitants burned several refugee encampments located outside the official refugee sites. In the following 2 weeks, additional attacks and reprisals by refugees resulted in 12 deaths (of both Senegalese and refugees) and loss of property. The Government then deployed extra police and additional security at the official refugee sites. In cooperation with the office of the United Nations High Commissioner for Refugees (UNHCR), the Government successfully separated the two groups and worked to calm tensions. Although there were no arrests or charges in the deaths, the Government arrested several individuals it claimed were responsible for the banditry that led to the mob actions. The government report issued in March claimed that MFDC rebels were responsible for an unspecified number of executions of civilians. Periodic attacks on businesses throughout the year by suspected MFDC groups engaged in banditry also resulted in the killing of civilians. The AI report issued in February also charged the MFDC forces with abuses including killings, beatings, and other acts of violence against civilians. On several occasions landmines, particularly those planted on public roadways, exploded and killed civilians.
b. Disappearance
There were no reports of politically motivated disappearances during the year. The 30 disappearances in the Casamance reported by AI in September 1997 remained unresolved. The RADDHO also reported that the six disappearance cases it cited in its 1997 report have yet to be resolved.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
There are credible reports that police and gendarmes often beat suspects during questioning and pretrial detention, in spite of constitutional prohibitions against such treatment. The press repeatedly reported instances of torture perpetrated by police, usually beatings, and the problem remained a serious public concern. In February the police in Dakar reportedly beat a young man to death (see Section 1.a.). The AI report issued in February (see Section 1.a.) charged that the security forces committed torture in the Casamance in 1997. On May 5, gendarmes used live ammunition to disperse a demonstration at the University of Saint Louis in northern Senegal, severely wounding five students. The Government denied charges that police had used live ammunition; however, according to press reports, medical personnel at the Saint Louis hospital confirmed that bullets had been removed from some of the wounded. On other occasions when the police dispersed public protests (see Section 2.b.), they used nonlethal means such as tear gas. On October 1, Ankilling Diabone, the head of the Casamance regional office of RADDHO, was subjected to rough, abusive, and inhuman treatment by soldiers at a military checkpoint on a road in the Casamance. According to RADDHOâs report, the soldiers bound and gagged Diabone, threatened to kill him, and left him lying in the sun for almost 2 hours before finally releasing him. The military initially denied having tied up or otherwise mistreated Diabone, but initiated an inquiry into the incident after repeated requests by RADDHO and other human rights organizations. The inquiry reportedly was ongoing at yearâs end. Despite stronger legal provisions against torture put in place in 1997, the Government rarely undertakes investigations or prosecutes officials allegedly responsible for such acts. Those cases that are pursued often take years before final judgment is reached. Two police officers arrested in 1996 for torturing a suspect by spraying paint thinner on his buttocks and setting him on fire were still on bail pending trial at yearâs end. In August a Dakar court sentenced two police officers to 2 1/2 years in jail for the abuse and rape of a female suspect detained at a police station in the Dakar suburb of Guediawaye in connection with a case of theft. The court also ordered the two police officers and their civilian accomplices to pay $4,000 (2 million CFA francs) to the victim, who lost a hand due to her injuries. The case had been pending before the court since June 1996 when the officers were arrested. Since then, they had been released on bail. In May the international press reported allegations that local security forces in Ziguinchor cut off the lips of a suspected rebel sympathizer, shoved them in his mouth, and forced him to drink his own blood. However, this report was not confirmed by national NGOâs, and the alleged incident was not covered by newspapers in the country. The AI report issued in February charged the MFDC with beatings and other acts of violence against civilians. Prison conditions are poor. Prisons remain overcrowded, and food and health care are inadequate. However, there have been no reports of deaths in prison as a result of these conditions. The Government permits prison visits by independent human rights monitors.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest and detention; however, the authorities at times violate these constitutional prohibitions. The law specifies that warrants, issued by judges, are required for arrests. However, laws also grant the police broad powers to detain prisoners for lengthy periods. Police officers may hold without charge a person suspected of a crime for 48 hours after arrest and for up to 96 hours if ordered by a public prosecutor. This period may be doubled in the case of crimes against the security of the State. The prosecutor decides whether to forward the case to an investigating judge who may open an investigation. At this point, the suspects are charged preliminarily and may be held or released on their own recognizance. There is a system of bail, but it rarely is used. During temporary detention, the accused has no access to family or an attorney but has the right to demand a medical exam. Once charged, a prisoner is permitted visits by both family and legal advisers. The accused may be held in custody for 6 months, and the investigating magistrate can certify that an additional 6-month extension is required. Such extensions may be reviewed by a court on appeal. In December, the Council of Ministers approved and submitted to the National Assembly draft legislation that would enhance the rights of the accused, by entitling them to legal representation after 48 hours in police custody, and by allowing judges to order release pending trial without the prosecutorâs consent. Police rarely are prosecuted for violations of arrest and detention procedures, and the authorities may detain a prisoner for long periods of time while they investigate and build a case against a suspect. The authorities may and routinely do hold prisoners in custody unless and until a court demands their release. Despite the 6-month limitation on detention, the time between the charging phase and trial averages 2 years. In an effort to improve the administration of justice, the Government recruited 48 law school graduates to be trained as magistrates over a 2-year period. In July a work-to-rule strike by SUTELEC, the largest electrical workers union, caused severe power outages throughout the country. The national electrical company filed a lawsuit claiming that the union had sabotaged equipment. The Government then arrested and jailed union leader Mademba Sock along with 26 others. The suspects were detained in police custody for 5 days under the provision of the law that allows for detention without charge for up to 6 days in cases involving threats to the security of the State. The SUTELEC leaders were held incommunicado for 3 days, unable to contact their attorneys or family members. Family members and several other union leaders claimed to have faced bureaucratic obstacles in exercising their right to visit the detainees. On December 8, a judge sentenced Sock and one of his aides to 6 monthsâ imprisonment for conspiracy to disrupt law and order. He dropped all charges against the other 25 persons and released them after they had been detained for 5 months. According to human rights monitors, approximately 130 suspected MFDC members remain in political detention. A few weeks after the rebel leader Abbe Diamacoune Senghor had called in February for rebels to end the use of landmines and to enter negotiations, the Government released from jail some 20 MFDC members, who had been detained in Ziguinchor and Dakar. The Constitution prohibits exile, and it is not used.
e. Denial of Fair Public Trial
The Constitution provides for a judiciary independent of the executive, the legislature, and the armed forces; however, magistrates are vulnerable to outside pressures due to low pay, poor working conditions, and family and political ties. Also, the Minister of Justice and subordinate authorities have extensive authority to influence judicial procedures by keeping the accused in pretrial detention. The legal system is based on French civil law and is composed of ordinary courts and a number of higher and special courts, including the three created in May 1992 to replace the Supreme In principle the accused is innocent until proven guilty, and when brought to trial it is the State's burden to prove that the accused is guilty of the charges. Trials are public, and defendants have the right to be present in court, to confront witnesses, to present evidence, and to have an attorney. However, some defendants are denied legal assistance at public expense due to lack of funding. Evidentiary hearings may be closed to the public and the press, but the defendant and his lawyer have access to all evidence presented and may introduce their own evidence before the investigating judge decides to refer the case to the prosecutor for trial. A panel of judges presides over ordinary courts for both civil and criminal cases; in criminal cases citizens also serve on the panel. There were no reports of political prisoners.
f. Arbitrary Interference With Privacy, Family, Home, or Correspondence
The Constitution prohibits arbitrary invasion of the home, and there was little government interference in the private lives of citizens. The law requires search warrants, and only judges may issue them. However, in past years, during high-profile or politically charged investigations, police often proceeded without the required search warrants. There were no reports of this during the year. There were no reports that government officials monitored mail or telephone communications without judicial authorization. MFDC rebels sought to collect supplies and money from civilians.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and of the press, and the Government generally respects these rights in practice. Laws prohibit the press from the expression of views that "discredit" the State, incite the population to disorder, or disseminate "false news." In 1997 the Dakar Prosecutor General charged the publisher and three journalists of Sud Quotidien, a privately owned daily newspaper, with "disseminating false news" and "insulting the Head of State." The paper had criticized President Diouf for attempting to influence the judiciary by holding a nationally televised awards ceremony to honor two businessmen 5 days before the Court of Appeals was due to return its decision on a defamation case those businessmen had brought against the newspaper's parent company, Sud Communication. At yearâs end, the journalists remained free on bail pending their trial. A broad spectrum of thought and opinion is available to the public through regularly published magazines and newspapers, including foreign publications. Political and economic views expressed in the independent press are often critical of the Government and its programs. While publishers are required to register prior to starting publication, the Government routinely approves such registrations. Radio, being relatively inexpensive, remained the most important medium of mass information and the main source of news for citizens outside urban areas. Six privately owned radio stations broadcast within the country; of these, five were owned by nationals of the country. In December 1997, a new independent radio station owned by the Wal Fadjri newspaper began broadcasting. All six stations broadcast national news and political commentary. Some of them were often critical of the Government, and no harassment of them was reported. However, the state radio and television company retains a monopoly in the allocation of frequencies and licensing of private radio stations. Independent radio operators claim that the legal obligation of private stations to pay fees to the state company infringes on the principle of free competition. Although they have consented to pay the fees, the private companies argue they are unreasonably high. A government monopoly controls local television, an important source of news. While there are no privately owned domestic television stations, French-owned pay television is available but offers no local news. At yearâs end, at least seven Internet service providers operated in the country. The government did not restrict access to the Internet. A personal account with unlimited access time cost about $18 (10,000 CFA Francs) per month. Several cybercafes in the capital city, Dakar, provided short-term access to the Internet that was used by many persons unable to afford personal accounts. Academic freedom is generally respected. However, student meetings on part of the campus of the University of Dakar are banned informally (see Section 2.b.), ostensibly to prevent militant student groups from disrupting classes and studies. In May police shot and wounded student demonstrators who were protesting poor food and electricity shortages at the University of Saint Louis (see Section 1.c.).
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of peaceful assembly, and while the Government generally respected it in practice, there were several instances in which the Government limited this right. The Government requires prior authorization for public demonstrations, which it usually grants. Meetings by students on the academic campus of the University of Dakar are banned informally, but this prohibition does not extend to the dormitory areas of the campus. During the year, the Government from time to time denied authorization for public demonstrations by unions or political parties. In August the Government refused to permit at least five marches or demonstrations by the Federation of Independent Labor Unions to protest the privatization of the national electric company and demand the release from jail of union leader Mademba Sock and 26 of his supporters. On each occasion, the union ignored the ban and the police dispersed the gatherings with tear gas and detained the union leaders for a few hours. The Constitution provides for the right of association, and the Government generally respects it in practice. Citizens who wish to form associations must register with the Ministry of Interior. Business-related associations register with the Ministry of Commerce. By law and in practice, the Ministry of Interior must register such groups as long as the objectives of the association are stated clearly and they do not violate the law.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government respects this right in practice.
d. Freedom of Movement Within the Country, Foreign Travel Emigration, and Repatriation
The Constitution provides for these rights, and the Government generally respects them in practice. Some public employees, including teachers, are required by law to obtain government approval before departing the country, although this is not regularly enforced in practice. At times, usually during sweeps for MFDC rebels, the security forces temporarily restricted access to the Casamance region or areas within it. The security forces also regularly maintained checkpoints in the Ziguinchor region to screen for MFDC rebels and arms transports. Security forces generally allowed travelers to proceed after checking documents and searching vehicles. Although MFDC leader Abbe Augustine Diamacoune Senghor remained free from house arrest and was permitted to receive visitors, the Government controlled his movements. Continued sporadic violence in the Casamance and clashes between the armed forces and MFDC rebels caused civilians to flee their homes throughout the year. In April the UNHCR reported an influx of over 3,000 Casamance refugees into Guinea-Bissau. Refugees told the UNHCR that they were fleeing MFDC rebels attempting to collect money and supplies. The law includes provisions for granting refugee/asylee status in accordance with the provisions of the 1951 U.N. Convention Relating to the Status of Refugees and its 1967 Protocol. Since 1989 as a country of first asylum, Senegal has hosted Mauritanian refugees who reside primarily in villages located along the length of the border with Mauritania. The Government cooperates with the UNHCR and other humanitarian organizations in providing assistance for refugees. The UNHCR reported no significant protection problems for these refugees; however, the UNHCR's assistance was scheduled to terminate at the end of the year. While no formal repatriation agreement exists with the UNHCR, the two governments reached an informal agreement at mid-year to cooperate in facilitating and promoting repatriation. Refugees continue to return to Mauritania, but exact figures are unavailable due to unofficial movements. In the absence of a recent census, the UNHCR believes that there are under 40,000 Mauritanian refugees remaining in Senegal. In June, following the military rebellion in Guinea-Bissau, Senegal accepted several hundred refugees from that country. Although these refugees protested their relocation outside the urban area of Dakar, the authorities, in cooperation with the UNHCR, relocated them without the use of force. At yearâs end, there were approximately 700 Guinea-Bissauan refugees in a camp at Tries, about 60 miles east of Dakar. There were no reports of the forced return of persons to a country where they feared persecution.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government
Citizens have the constitutional right to change their Government through periodic multiparty elections; however, the Socialist Party's domination of political life--it has held power since independence--and irregularities and fraud in elections have called into question the extent to which citizens can meaningfully exercise this right. On February 4, the National Assembly decided to equalize the number of deputies elected by simple majority vote in districts and by proportional representation nationwide and to increase the size of the Assembly from 120 to 140 members. The Constitutional Council voided the increase in size on February 23, on the grounds that the Assemblyâs bill had not identified funding for the new seats. In March the Government proposed, and an extraordinary session of the Assembly enacted, a second bill implementing the increase in a manner consistent with the Councilâs objection. In the May parliamentary elections, the ruling PS received 50.1 percent of the votes cast and secured 93 of the 140 seats. There are 34 legally registered parties. The 32-member Cabinet that President Diouf appointed in July included only one minor opposition party leader. In February the Assembly passed a bill to create a second legislative chamber, a 60-member Senate. Forty-five of its members are to be elected by an electoral college on the basis of dual proportional and majority systems and regional slates. The electoral college has 13,920 members consisting of elected local government officials and members of the National Assembly. The President is to appoint 12 members of the Senate, and the remaining 3 are to be elected from slates representing several associations of expatriate Senegalese. Although the Constitutional Court rejected this system for selecting Senators, in August the Assembly passed a second bill overriding the Courtâs objection. By the December 4 deadline, only four parties registered to participate in the election of the new Senate, which was scheduled for January 24, 1999. Most major opposition parties decided to boycott the election because the ruling partyâs domination of elected local and regional offices gave opposition parties little chance of winning seats in the Senate. In August 1997, the Government created a National Observatory of Elections (ONEL) to supervise and oversee elections. The ONEL was a temporary, independent oversight body empowered to order bureaucrats to obey the law and to take legal action against individuals and parties who violate it. The Interior Ministry remains responsible for the actual organization and implementation of the elections. A newly created General Directorate of Elections within the Interior Ministry centralized the formerly dispersed responsibility for administering elections. The ONEL significantly improved the level of transparency of the May National Assembly elections, despite persistent flaws in the system. However, the ONELâs mandate expired after it submitted its final report to President Diouf in August, since the law only constituted the ONEL during an electoral campaign. The Government rejected most international offers of election assistance, including monitors, stating that it could finance the elections itself. However, the domestic private press and RADDHO, with the help of international funding, conducted election monitoring activities without government interference. The ONEL issued a comprehensive report that identified areas for improvement to make the process more transparent, including an overhaul of the election rolls and better controls on the activities of the commissions responsible for voter registration and distribution of voter cards. The Government and opposition parties agreed to revise the election rolls, but no details, particularly time frames, were made public. The election law requires establishment of an ONEL-like institution for every election. There were several incidents of election-related violence; however, incidents of violence were fewer and less widespread than during some previous elections. On May 8 in Thioncon Sanche, Linguere department, the press reported that PS supporters attempted forcibly to disperse a group of Democratic Renewal Movement (MDR) members from the fringes of a PS rally, and that a PS activist shot and wounded an MDR supporter. On May 5 and May 10, there were also instances when property was destroyed that belonged to former PS members who had joined the MDR; the victims blamed their former PS colleagues. On May 14, a PS activist was stabbed to death at a PS rally in Bambey in an altercation between rival PS factions. In 1996 the PS won control of all 10 regional governments and many local governments in the countryâs first subnational level elections, which were marked by credible allegations of widespread fraud and procedural irregularities, gerrymandering, illegal fundraising, and voter list manipulations. Due in part to the flaws in these elections, the Governmentâs decentralization program has had limited success in defusing the secessionist rebellion in the Casamance region (see Section 5), which continued to give rise to many abuses (see Sections 1.a. and 1.c.). Officials chosen in these widely flawed elections also made up the bulk of the 13,920-member Electoral College that was to choose most members of the newly created Senate under legislation enacted during the year. Elections are held by balloting that is officially described as secret but may permit voters to leave the polling place with evidence of how they voted. At polling places on election day, registered citizens receive a package of ballot papers, one for each candidate. Each citizen votes by depositing into a sealed ballot box, alone inside a closed booth, an envelope containing one of these ballots. In the same booth, a trash receptacle is provided in which the voter may privately dispose of the unused ballots; however, polling officials cannot readily ensure that this is done. Nevertheless, despite apparent potential for abuse, this balloting system has not been the subject of complaints or reports of abuse in recent elections in the country. Women are underrepresented in the political process. While there are no legal impediments to their participation in government and politics, cultural and educational factors hamper them. In addition, political parties often rank women low on party lists, making it difficult for them to be elected to the National Assembly or to be appointed ministers. Only 5 of the 32 ministers in the President's Cabinet are women, and there are only 2 women in the 19-member Economic and Social Council, the Government's policymaking body. No women head political parties, and only 18 female deputies hold seats in the 140-member National Assembly. Women's lower representation reflects not only a disparity in education (see Section 5) but also cultural pressures.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
A wide variety of human rights groups operate without government restriction, investigating and publishing their findings on human rights cases. Government officials generally are cooperative and receptive to their views. The Government declined offers of assistance from international organizations in organizing and monitoring the May legislative elections (see Section 3). In 1997 the Government enacted a law to strengthen the National Committee on Human Rights. The Committee includes members from the Government and civic organizations, including private human rights groups. It may on its own initiative investigate human rights abuses, including torture, but it did not investigate any cases of abuse during the year.
Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status
The Constitution states that "men and women shall be equal in law" and prohibits discrimination based on race, religion, sex, class, or language. However, discrimination against women is pervasive, and the Government frequently does not enforce antidiscrimination laws.
Women
There are credible reports that violence against women, usually wife beating, is common. Several women's groups have formed to address this problem. Police usually do not intervene in domestic disputes, and most people are reluctant to go outside the family for redress. In contrast, the law and society view rape as a very serious crime, and the law stipulates that persons convicted of rape may be imprisoned for up to 10 years. If the victim is a minor, her age is considered an aggravating circumstance. Rape trials often result in convictions. Despite constitutional protections, women face extensive societal discrimination, especially in rural areas where Islamic and Senegalese customs, including polygyny and Islamic rules of inheritance, are strongest, and women generally are confined to traditional roles. By law, women have the right to choose when and whom they marry; however, in some areas, traditional practice can restrict a womanâs choice. There is no minimum age of consent to marry, marriages are sometimes arranged in some communities, and in polygynous unions women do not have the right of notification or approval prior to a subsequent marriage. In the countryside, women perform much of the subsistence farming and child rearing and have limited educational opportunities. Although the Government has committed itself to equalizing male and female primary school enrollment, there is still much social and official discrimination against women in educational opportunities. Only 23 percent of females over 15 years of age are literate, while the rate for males over age 15 is 43 percent. It is estimated that only 20 percent of women are engaged in paid employment. Moreover, traditional practices make it difficult for women to obtain bank credit. Women usually marry young (the majority by age 16 in rural areas) and average 5.7 live births (down from 7 in 1995). About half of all women live in polygynous unions. In urban areas, women encounter somewhat less discrimination and are active in government, political life, the legal profession, and business. About 14 percent of lawyers are women. Urban women are more likely to take advantage of the Government's efforts to increase respect for women's legal rights to divorce, alimony, and child support, and to seek education and employment. In general urban women receive equal pay for equal work. In September the Ministry of Family, Social Action, and National Solidarity announced plans to create a national center for womenâs rights. The decision arose from a ministry-sponsored workshop on the promotion of the legal status of women and elimination of all forms of discrimination. The Observatoire National des Droits de la Femme (ONDF), as the center is to be called, has as its mandate the "control, protection, and promotion of the status of women and girls; information, education, and awareness." It is to have members from both the Government and civil society.
Children
The Ministry of Family, Social Action, and National Solidarity, established in 1990 (formerly the Ministry of Women, Children, and the Family, and renamed in 1998), is responsible for promoting children's welfare. Numerous organizations assist the Ministry in support of children's rights, including the Ministry of Health, which maintained a nationwide effort focusing on child survival. The Government continues to increase the number of classrooms and encourage more children, particularly females, to enter and stay in school. The law requires that children attend school until age 12, but this is not enforced due to a shortage of schools. Organized street begging by children who are Koranic students results in a significant interruption of their education, and many children work in their familyâs fields (see Section 6.d.). There were no laws or regulations concerning female genital mutilation (FGM), which is widely condemned by international health experts as damaging to both physical and psychological health. However, the Council of Ministers approved on December 22 draft legislation to ban the practice of FGM, and submitted it to the National Assembly with a strong request that it be enacted as early in 1999 as possible. The Council also approved other amendments to the Penal Code aimed at stemming violence against women and children. The PS was expected to assure early passage by the National Assembly. The Government sponsors programs to educate women to the dangers of FGM. FGM is not practiced by Senegal's largest ethnic group, the Wolofs (representing 43 percent of the population), but it is performed on girls belonging to some other ethnic groups. Infibulation, the most extreme and dangerous form of FGM, is practiced by members of the Toucouleur and Peulh ethnic groups, particularly those in rural areas. Unsubstantiated recent studies estimate that between 5 and 20 percent of females undergo the procedure.
People With Disabilities
There are no laws that mandate accessibility for the disabled, and in practice most persons with disabilities are generally unable to participate in many occupations due to physical barriers and a lack of equipment and training opportunities that would make such participation possible. Religious MinoritiesApproximately 92 percent of the population are Muslims. There are small Christian (2 percent) and indigenous (6 percent) religious communities. Officially, adherence to a particular religion confers no advantage or disadvantage in civil, political, economic, military, or other matters. However, in practice, membership in an Islamic subgroup may afford certain political and economic protections and advantages.
National/Racial/Ethnic Minorities
The country is ethnically diverse. The largest ethnic groups are the Wolof (more than 40 percent of the countryâs population), the Pular (also called Peuhl or Fulani, nearly 25 percent), and the Serer (more than 15 percent). Other smaller groups include the Diola, Mandink, and Soninke. Each group has its own primary language although French and Wolof are widely used as secondary languages. While general regions of origin can be identified for most ethnic groups, these regional separations are no longer distinct. In most of the country, ethnic and regional tensions have not contributed significantly to recent human rights abuses, and opposition to the Government has generally taken the form of nonviolent political parties that have not had readily identifiable ethnic or regional bases. This has not been true in the Casamance region, the part of the country to the south of The Gambia. Casamance is substantially less arid, less Islamic, and less Wolof than the rest of the country to the north of The Gambia. Resentment on the part of Casamance groups including the Diola of domination by northerners including the Wolof reportedly has contributed significantly to the secessionist MFDC rebellion in the Casamance region, which began in 1982 and has continued to give rise to many human rights abuses (see Sections 1.a. and 1.c.). Flaws in the countryâs first local and regional elections, held in 1996, have reduced the effectiveness of the Governmentâs ongoing decentralization program in accomodating aspirations for greater regional and ethnic autonomy.
Section 6 Worker Rights
a. The Right of Association
The Constitution and the Labor Code provide all workers with the right of association, and they are free to form or join unions. Any group of workers in the same occupation, similar trades, or the same professions may form a union. While the Ministry does not always grant initial recognition to a union, once it gives recognition, the Ministry virtually never withdraws it. However, the Government may disband a union if its activities deviate from its charter. The Labor Code does not apply to the informal and agricultural sectors where most persons work. Although they represent a small percentage of the working population, unions wield significant political influence because of their ability to disrupt vital sectors of the economy. The small industrial component of the total work force of 4 million is almost totally unionized. The only union in the agrarian sector is one representing workers at a privately owned sugar company. Some farmers are organized into the National Farming Association, an advocacy organization. The National Confederation of Senegalese Workers (CNTS), the largest union organization, has close ties to the ruling Socialist Party, and union members hold a considerable number of government positions. One is a PS minister, and several others hold PS seats in the Assembly. While ostensibly an independent organization, the umbrella CNTS consistently supports government policies. The rival to the CNTS is the National Union of Autonomous Labor Unions of Senegal (UNSAS). The UNSAS is a federation of strategically important unions such as those formed by electrical workers, telecommunication workers, teachers, water technicians, and hospital, railroad, and sugar workers. The Constitution and the Labor Code provide for the right to strike, but with restrictions. Unions representing members of the civil service must notify the Government of their intent to strike no less than 1 month in advance, and private sector unions must make a similar notification 3 days in advance. The Government or the employer can use the time to seek a settlement to the dispute but cannot stop the strike. There were numerous legal strikes during the year. In August the UNSAS held a 1-day strike which was observed only partially after the Government declared it illegal on the grounds of insufficient advance notice. Regulations prohibit employers from retaliating against legal strikes, and these regulations are enforced through the labor court. On several occasions police used tear gas to disperse union members who were holding protest demonstrations (see Sections 1.c. and 2.b.). The Labor Code permits unions to affiliate with international bodies. The CNTS is active in regional and international labor organizations and is the dominant Senegalese member of the Organization of African Trade Union Unity.
b. The Right to Organize and Bargain Collectively
The law provides unions with the right to organize and to bargain collectively, and these rights are protected in practice. There are also legal prohibitions governing discrimination by employers against union members and organizers. Employers found guilty of antiunion discrimination are required to reinstate workers. There were no known instances in which workers were prevented from exercising the right to organize and bargain collectively. The Ministry of Labor can intervene in disputes between labor and management if requested, and it plays a mediation role in the private and state enterprise sectors. Labor laws apply to all industrial firms including those in the Dakar industrial free trade zone.
c. Prohibition of Forced or Compulsory Labor
There were no reports of forced labor, which is prohibited by law. The Constitution prohibits child labor of all kinds, and the Government enforces this ban in the formal sector. There is no evidence that forced or bonded child labor takes place in the informal or agricultural sectors.
d. Status of Child Labor Practices and Minimum Age for Employment
The Constitution bans child labor of all kinds, and the Government enforces this ban in the formal sector, which is under the purview of the labor law. There is no evidence that forced or bonded child labor takes place in the informal or agricultural sectors (see Section 6.c.). However, instead of attending school, many children work in their family's fields. The minimum age for employment is 16 years for apprenticeships and 18 for all other types of work. Inspectors from the Ministry of Labor closely monitor and enforce these restrictions within the small formal wage sector, which includes state-owned corporations, large private enterprises, and cooperatives. However, children under the age of 16 frequently work in the much larger traditional or informal sectors, such as family farms in rural areas or in small businesses, where the Government does not enforce minimum age and other workplace regulations.
e. Acceptable Conditions of Work
Legislation mandating a monthly minimum wage has been in force since the country's independence in 1960. The Ministries of Labor and Finance determine wage rates after negotiating with the unions and management councils. The minimum wage of about $0.34 (209.1 CFA francs) per hour is not adequate to provide a decent standard of living for a worker and family. Within the formal sector, the law mandates a standard workweek of 40 to 48 hours for most occupations, with at least one 24-hour rest period and 1 month per year of annual leave; enrollment in government systems for social security and retirement; safety standards; and a variety of other measures. These regulations are incorporated into the Labor Code and are supervised by inspectors from the Ministry of Labor. However, enforcement is uneven, especially outside the formal sector. There is no explicit legal protection for workers who file complaints about unsafe conditions. While there are legal regulations concerning workplace safety, government officials often do not enforce them. In theory workers have the right to remove themselves from unsafe working conditions, but in practice the right seldom is exercised in circumstances of high unemployment and a slow legal system.
