Senegal
13.08.01
Statements

Senegal: OMCT expresses concern about respect for economic, social and cultural rights before UN body

Intervention by the World Organisation Against Torture (OMCT) before the Committee on Economic, Social and Cultural Rights during its 26th Session on the Implementation of the International Covenant on Economic, Social and Cultural Rights by Senegal


Ms. Chaiprerson,


Despite the fact that the 1991 Constitution of Senegal guarantees the enjoyment of the economic, social and cultural rights enshrined in the Covenant, OMCT regrets that, apart from the Labour Code, there is no specific body of legislation guaranteeing economic, social and cultural rights, as well as non-discrimination in the enjoyment of these rights. There is a risk therefore that, for the time being, they remain at the level of principles or desirable goals. OMCT would therefore urge the Senegalese government to pass legislation guaranteeing the enjoyment of economic, social and cultural rights without discrimination, and to closely monitor the implementation of this law.

OMCT is furthermore very concerned by the ongoing deterioration of social indicators, even though since the devaluation of the CFA Franc economic growth has been consistent. This divergence between economic and social indicators might well highlight the authorities’ inability to ensure a just repartition of wealth, as well as their failure to take appropriate steps, to the maximum of available resources, to implement the rights enshrined in the Covenant. OMCT further deplores that the Report presented by Senegal to the Committee draws almost exclusively on legal and administrative reforms and documents. As positive as they may be in essence, these are not evidence of a significant improvement of the human rights situation in practice. In particular, the Report provides little empirical evidence of the impact of such measures on the human rights situation over time. OMCT would insist that the government takes immediate and appropriate steps, at the local, national and international levels, to guarantee that economic growth and the wealth deriving from it is beneficial to the whole population and contribute to the enjoyment of economic, social and cultural rights for all. In this regard, OMCT would recommend that the Senegalese authorities seek technical advice from the Committee.

The lack of participation of the civil society and affected groups in the elaboration and implementation of development programmes and projects also remains a factor for concern for OMCT. While there exists no provision, in national law, for the inclusion of civil society in the process of elaborating and implementing development programmes and projects, governmental authorities limit their consultations with NGOs and representatives of civil society to invitations to attend workshops and seminars. OMCT would urge the Senegalese government to guarantee the right of participation, as well as the right of information of those affected by development programmes and projects, in accordance with the Committee’s May 2001 statement on Poverty and the International Covenant on Economic, Social and Cultural Rights.” One way to do so would be to pass a law specifically recognising the right of participation and information of those affected by development programmes or projects. A systematic and comprehensive review of the relevant administrative procedures and policies would also be necessary in order to guarantee such participation.
OMCT remains equally worried by the negative impact the implementation of structural adjustment programmes (SAPs) and of the recent HIPIC initiative might have on the enjoyment of economic, social and cultural rights throughout the country. While OMCT welcomes the introduction of initiative 20/20 designed as a basic social safety net, the money allocated to basic social services so far remains insufficient. OMCT urges the government to expand budgetary allocations for this initiative, which is to provide adequate safety nets for the vulnerable sectors of society in order to avoid a deterioration of the enjoyment of the economic, social and cultural rights for which the Covenant provides protection.

OMCT further notes with concern that forced evictions, from homes and land, as well as the destruction of houses and attempts to intimidate inhabitants into deserting their homes remain frequent throughout the country. Such a situation is accompanied and often explained by strong irregularities in the allocation of land and recognition of ownership. Harassment and threats against persons asserting their right to adequate housing and fighting against evictions are also reported. The situation of the Diamaguène district of Dakar and of the Baraka slum, also located in Dakar, are in this regard particularly worrying. In the Diamaguène district, 454 household are currently threatened with expulsion, while they continue to pay their land taxes and have acceded to ownership in 1961. OMCT would therefore urge the government to undertake a systematic and comprehensive review of the relevant legislation, administrative procedures and policies to give effect to the right to adequate housing, protect people from forced evictions and address irregularities in the allocation of land and recognition of ownership.

The land question also remains critical in Senegal, notably with regard to the small size of land parcels. Indeed, due to the small size of plots, many farmers are unable to earn a living from their agricultural work for themselves and their families and are therefore pushed into poverty. Competition from foreign producers following the opening of markets tends to further deteriorate the situation of the Senegalese farmers, notably in terms of their indebtness and ability to purchase seeds, pesticides and fertilisers. Indeed, farmers who have not repaid their debt are currently being refused credits to acquire seeds, pesticides and fertilisers, further undermining their capacity to produce and reimburse their debt. In this regard, OMCT remarks that the incidence of poverty remains higher in rural areas and mostly affects rural households. OMCT would therefore urge the Senegalese government to guarantee farmers’ access to credit at low or zero-level interest rates in order for them to be able to buy the necessary seeds and pesticides to perform their activities and earn a living from their agricultural work.

OMCT is further concerned by the labour situation in Senegal, determined by high unemployment rates and by a vast informal sector. Unemployment figures are very high and demonstrate a strong disparity favour of urban areas. The national unemployment rate is of 11 percent while this figure doubles in rural areas. The social and economic situation of young people is also a cause for concern as 41 percent of young people from Dakar are unemployed.

Of particular concern is the lack of enjoyment of labour and social rights in the informal sector. While OMCT welcomes the fact that the Caisse has put a programme of integration of informal workers into the social security system, so far only 15 percent of informal sector workers are covered. Moreover, most informal workers have, for the time being, no access to health benefits. The situation of women is particularly worrying in this regard. Indeed, while women continue to be over-represented in this sector, men have recently taken over the informal sector due to high levels of unemployment, confining women to the less productive and most precarious occupations. In this regard, OMCT believes that the current social security system and existing programme of integration need to be reviewed in order to guarantee that informal workers do have access and benefit from social services. Such review should be based on a thorough and comprehensive assessment of the scope of the informal sector, as well as of the reasons behind the failure of the current programme of integration to involve informal workers into the social security system. In this task, special attention should be given to the situation of women.

OMCT also deplores the incidence of discrimination in the workplace, notably within the public administration, and in particular in relation to people with disabilities. In this regard, OMCT would recommend to the Senegalese authorities to closely monitor, both in the private sector as well as in the public administration, discriminatory practices which take place in order to take adequate measures against those responsible as well as to provide effective remedies for the victims.

Child labour also remains a factor for concern as more than 400’000 children under the age of 18 are employed full-time, in particular in the fishing industry, the bakery industry, as household staffs and in slaughter houses, with a direct incidence on their ability to attend school. While Senegal has introduced a series of measures to address this issue, these remain, so far, insufficient. OMCT would urge the Senegalese authorities to take appropriate steps in order to address the issue of child labour.

With regard to the right to education OMCT is further concerned by the aggravation of the current educational crisis in Senegal. OMCT notes in particular that the quality of education and the long term capabilities of the educational sector are threatened by the fact that the authorities are no longer hiring teachers. In this regard, OMCT would urge the Senegalese government to review its current policy with regard to the hiring of teachers in order to respond to the existing demand and guarantee the quality of the educational system.

OMCT is also very concerned about the current de jure and de facto restrictions to the enjoyment of trade union rights. While OMCT welcomes the promulgation of a new labour code, which permits foreign workers to hold trade union offices, we note with concern that the new labour bill restricts this rights to citizens whose country of origins reciprocates this right to Senegalese citizens. OMCT would like to emphasise that human rights cannot be limited by the principle of reciprocity, and recommends that the legislation be amended in order to guarantee the right to form and join trade unions for all, without discrimination.

Moreover, OMCT deeply regrets that trade unionists do not benefit from a specific regime of protection within the workplace in Senegal despite the fact that article L-29 of the Labour Code prohibits the employer from using membership of trade unions as a justification for denying employment, advancement or benefits as well as a reason for laying off employees. This situation is particularly worrying as cases of dismissal for alleged trade union activities continue to be reported on a large scale. Indeed, the law provides for compensation in case of breach, but it does not declare the sacking void and does not provide for reinstatement in case of sacking. Moreover, the protection of unionists is often not enforced. OMCT would urge the Senegalese authorities to effectively control the implementation of labour legislation by national and transnational companies. Indeed, OMCT believes that it is essential that the mechanisms that monitor employers are reinforced in accordance with the Covenant. In this regard, the means and budget of the Labour Inspectorate should be augmented. OMCT would also recommend that the law be amended in order to guarantee reinstatement in case of dismissal for trade union activities.

OMCT is further extremely worried by the fact that the Labour Code requires the Ministry of the Interior to give prior authorisation before a trade union can exist legally, seriously restricting the right of everyone to form and join trade unions as guaranteed by article 8 of the Covenant. Furthermore, the provision of the 1968 law that allowed the Ministry to dissolve trade unions has not been repealed in the new 1997 law. OMCT would urge the Senegalese authorities to amend the Labour Code in order to repel the need for former approval by the Ministry of Interior before trade unions can legally exist, as well as the right of the Ministry of Interior to dissolve trade unions.

While the issue of street children has taken alarming proportions in this last decade, OMCT deplores the fact that the authorities have been so far unable to efficiently address this issue, both with regard to the socio-economic causes of this phenomenon as well as the possible ways of reintegration of children. The situation of the talibés is of particularly concern in this regard. OMCT points out that no significant policy is implemented to deal with this problem in Senegal. Indeed, evidence shows that 4 out of 10 street children had passed through reinstatement centres and ultimately failed to integrate society. OMCT would like to express its concern regarding the effectiveness of these programmes and regarding the adequacy of State-sponsored centres. It is urgent that the system be re-thought and overhauled to correspond to the prevalent dynamic behind the street children phenomenon. Regarding the situation of the talibés, efforts should be made to ensure an effective monitoring system of their situation, in close cooperation with religious and community leaders.

The situation of women, with regard to their enjoyment of economic, social and cultural rights as well as violence they face also remain a factor for concern for OMCT. High discrepancy continues to exist between male and female indicators, in particular with regard to literacy rate and school enrolment. Maternal mortality rate also remain very high and has, in fact, constantly worsened, showing a clear insufficiency in the health policy towards mothers and also a need to carry out further research to obtain more up-to date figures.

Discrimination against women continue to persist in all sphere of the society, and notably with regard to taxation, fiscal matters, access to land and housing. Indeed, women’s access to land is limited by the socio-economic environment: they have access to land through male relatives and they barely have access to credit, although this is a clear violation of land law provisions. OMCT also deplores that women still fall victim to customary law regarding housing, divorced and polygamous wives cannot claim the house they have been living in at the moment of the divorce or at the moment of the death of their husband. OMCT calls on the government of Senegal to ensure that the provisions of article 15 of the Constitution be respected with particular reference to the equality of men and women, notably with regard to access to land, seeds, credit, taxation and housing issues. OMCT also urges the Senegalese authorities to repeal customary law which negates divorced and polygamous wiwes’ right to adequate housing.

With regard to violence against women in the family or in the community, OMCT notes with concern that because of the weight of traditions and society, women often do not file complaints to the courts. Concerning the specific case of Female Genital Mutilations (FGM), while OMCT welcomes the 1998 law criminalizing FGM, further work, notably in the field of education and awareness raising needs to be done in order to eliminate this practice.

The situation of refugees and their enjoyment of economic, social and cultural rights also remain a factor of concern for OMCT. In particular, the slowness of the process of refugee status acquisition- without which social benefits are refused- the denial of assistance on geographical grounds and language barriers all act as impediments to the full enjoyment of economic, social and cultural rights for the refugee population in Senegal. Moreover, OMCT is highly worried by the cutting of food supply and the closing of refugees’ schools which are based on the observation that refugees became self-sufficient or implemented an incentive for them to return to their home country. Indeed, such blanket decisions are not discerning as they do not allow a case-by-case approach. Refugee situations vary widely and do not permit such general policy decisions. An assessment of each individual’s situation is a pre-requisite for every rights-based response. In this regard, OMCT would urge the Senegalese authorities to take appropriate measures in order to guarantee that the refugee population is not deprived from the full and effective enjoyment of economic, social and cultural rights.

OMCT also deplores the overall response of the Senegalese authorities to the refugees’ initiatives to assert their rights. In June 2000 refugees who carried out a hunger strike in order to protest against their lack of enjoyment of economic, social and cultural rights have been facing arrests, police brutality and further deportation.

While OMCT commends Senegal for its overall approach to the issue of HIV/AIDS, much remains to be done and in particular with regard to the evolution of the infection among sex workers who are mostly women.

Finally, OMCT regrets that access to justice for indigent people, though guaranteed in theory, is restricted in practice by their ignorance of judicial proceedings and by their inability to pay judicial expenses such as bail and lawyer fees. While the State can appoint lawyers for legal aid to assist indigent people, the reality is very different. In this regard, OMCT would urge the Senegalese government to take effective measures regarding the provision of free legal aid to indigent people.

I thank you very much Ms. Chairperson.

Geneva, August 2001

Nathalie Mivelaz