According to the latest U.S. State Department report, human rights problems exist in the following areas: “inhuman and degrading treatment of detainees and prisoners; overcrowded prisons; questionable investigative detention and long pretrial detention; corruption and impunity; limits on freedoms of speech, press, and assembly; domestic violence, rape, sexual harassment of women, and discrimination against women; female genital mutilation (FGM); child abuse; child marriage; infanticide; trafficking in persons; and child labor.”
Although human rights groups have noted examples of physical abuse committed by security forces, they claimed poor training and supervision resulted in “cruel and degrading treatment in prisons and detention facilities. In particular, they criticized strip-search and interrogation methods. Police reportedly forced detainees to sleep on bare floors, directed bright lights at their pupils, beat them with batons, and kept them in cells with minimal access to air.”
During 2009, there was one report of two people injured by landmines, which are continuing to be cleared and deactivated. Many landmines, placed during the long-running war between the central government and secessionist rebels in the Casamance region of southern Senegal remain under the soil. These have killed 147, including 23 children.
The weakness of Senegal’s judiciary in punishing criminals has resulted in several cases of mob violence. Due to widespread impunity, civilians often administered punishment themselves by beating thieves before handing them over to security forces.
Prison Conditions
Prison and detention center conditions are poor due to lack of funding. The prisons in Senegal are from the colonial era, which has resulted in the overcrowded condition of Senegal’s prisons. The current populations of prisoners in Senegal’s jails are double the size that these prisons should hold. According to the Department of State, “There were 37 prisons with a designed maximum capacity of 3,000 prisoners. However, officials noted in July that there were in fact 7,139 prisoners.… Approximately 2,660 persons were being held in prison facilities in pretrial detention. There were 200 children being held with their mothers in prison.” The National Organization for Human Rights (ONDH), which visited prisons and met with prisoners, reported that several inmates complained about inhuman treatment and showed marks resulting from corporal punishment. Also, according to the State Department, “the rape of female prisoners was a serious issue not addressed by government authorities during the year.” The ONDH identified overcrowding and a lack of adequate sanitation as major problems.
Prisons lacked doctors and medicine. There was one mattress for every five detainees. Due to an old and overburdened infrastructure, prisons had drainage problems during the rainy season and stifling heat during the summer. Prisons were infested by bugs, and prisoners faced sexual assaults, suffocating heat, and extremely low-quality food.
Impunity and corruption were problems. According to human rights groups, attorneys, and alleged victims, security forces regularly and openly extorted money from detainees in exchange for release and from prostitutes to overlook noncompliance with the legalized prostitution regime and other laws. The World Bank’s worldwide governance indicators reflected that corruption was a serious problem.
Although the law specifies that warrants issued by judges are required for arrests, in practice police often lacked warrants when detaining individuals.
The government used security forces to harass journalists and a member of the Assembly for the Defense of Human Rights (RADDHO). There was at least one report that police arrested and beat a journalist.
Judicial backlogs and absenteeism of judges contributed to long pretrial detention periods. The law states that an accused person may not be held in pretrial detention for more than six months for minor crimes. However, persons were routinely held in custody until a court demanded their release.
Human rights organizations stated that illegal phone monitoring by security services was common practice.
Community radio operators criticized what they viewed as a lack of transparency in the allocation of radio frequencies. Radio stations, often controlled by a single religious, political, or ethnic group continued to be opened during the year. Although their frequencies were legally obtained, these stations often failed to follow labor and other business rules, such as tax requirements.
Government failure to enforce regulations on establishing media outlets and government-provided media assistance resulted in an increase of unprofessional or politicized media outlets.
Journalists continued to convey concern over government efforts to control media content by selectively granting or withholding state subsidies, which were given to both government-affiliated and private independent media. The government frequently used subsidies or more direct means to pressure the media not to publicize certain issues. Security forces harassed and arrested journalists during the year.
Although the constitution and law provide for freedom of assembly, the government interfered with this right in practice. During the year the government repeatedly denied public permits for civil society and opposition demonstrations.
Some human rights organizations alleged that their telephones were regularly tapped during the year.
Death threats against leaders of opposition political parties, unions, journalists, and NGOs were common and generally believed to originate in circles close to the ruling party.
Gender discrimination was(is or was ?) widespread in practice, and antidiscrimination laws often were not enforced. Domestic violence, rape, sexual harassment, discrimination against women, female genital mutilation (FGM), child abuse, child marriage, and trafficking in persons were problems. Domestic violence, including spousal abuse, was a widespread problem.
Sexual harassment is common. The government did not effectively enforce the law, and women’s rights groups claimed sexual harassment victims found it difficult, if not impossible, to present proof sufficient to justify prosecutions. Under national law, women have the right to choose when and whom they marry, but traditional practices restricted a woman’s choice.
Women faced pervasive discrimination, especially in rural areas where traditional customs, including polygamy, and rules of inheritance were strongest. According to the law, a woman’s approval is required for a polygamous union, but once in such a union, a woman need not be notified nor give prior consent for the man’s subsequent marriage. Women represented 52% of the population, but were held responsible for 90% of domestic work and 85% of agricultural work. Young girls were trafficked from the rural areas to work in urban areas as underage domestics, and some young girls and boys were forced into prostitution to support their families. Senegal is believed to be a transition point for women to be sent to Europe for commercial sexual exploitation.
Exploitation of Children
Child abuse is an ongoing problem . Easily observable are the many poorly dressed, barefoot young boys, known as “talibes,” begging on street corners for food or money for their Quranic teachers, known as marabouts. These children are exploited by their teachers and exposed to dangers. Physical abuse of talibes was widely known and discussed. According to Human Rights Watch, “the marabout typically collects between US$20,000 and $60,000 a year from the boys' begging - a substantial sum in a country where most people live on less than $2 a day. Interviews suggest that some marabouts amass upward of $100,000 a year through exploiting children in their care.”
Even though Senegal’s government criminalized forcing others to beg for personal financial gain, the government has been unable to enforce the law or even charge one marabout so far. At least 50,000 of these boys are forced to beg and many of them are between 4 to 12 years of age; they are forced to live under slave-like conditions. As many as 30 of them have to sleep in one room; many of them suffer from malnutrition and are subjected to physical and sexual abuse. In addition, being forced to beg in the streets may cause them to get hit by cars. Their needs are mostly neglected, and if they need medicine, they have to beg overtime to pay for it.
There were periodic reports of child rape and pedophilia. Due to social pressures and fear of embarrassment, incest remained taboo and often went unreported and unpunished. A women’s rights NGO stated that, of all cases of violence committed against girls, paternal incest was rising the fastest.
Homosexuality is a criminal offense, and homosexuals faced widespread discrimination and social intolerance. Article 319.3 of Senegal's penal code, indicates that "whoever commits an improper or unnatural act with a person of the same sex will be punished by imprisonment of between one and five years."
While there are legal regulations on workplace safety, they often were not enforced. There is no explicit legal protection for workers who file complaints about unsafe working conditions. Workers, including foreign or migrant workers, had the right to remove themselves from situations that endangered health or safety without jeopardy to their employment; however, it was seldom exercised due to high unemployment and a slow legal system.
Casamance
Civil war broke out in 1982 between Senegal’s government and the
Movement of Democratic Forces of Casamance (MFDC), which seeks independence for the Casamance region. Casamance is an area of Senegal between Gambia and Guinea-Bissau which is agriculturally rich, and which used to be a tourist destination before the conflict began.
The conflict has displaced 60,000 civilians and disrupted the livelihood of many villages. The contributing factors to the conflict are economic issues, historic conflicts, and lack of respect of the indigenous norms. This conflict has negatively affected the environment (landmines), and forced many schools and health clinics to close or move; overall it has increased poverty in Casamance.
According to the State Department, rebels from the Movement of Democratic Forces of the Casamance (MFDC) and a splinter group, the Movement for the Liberation of the People of the Casamance, killed civilians, committed robberies, and harassed local populations while fighting each other. There was an increase in violence against and killings of civilians as a result of fighting between government forces and Atika, a separatist movement led by rebel leader Salif Sadio.
Fighting between soldiers and rebels, as well as internal fighting among rival MFDC factions, has resulted in civilian deaths and injuries and the displacement of numerous person. Attacks and highway robberies by suspected rebels also occurred.
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