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Senegal

Executive Summary

Senegal is a republic dominated by a strong executive branch. In February 2019 voters re-elected Macky Sall as president for a second term of five years in elections local and international observers considered generally free and fair.

Police and gendarmes are responsible for maintaining law and order. The army shares that responsibility in exceptional cases, such as during a state of emergency. Senegal was under a state of emergency from March 23 to June 30. The National Police are part of the Ministry of the Interior and operate in major cities. The Gendarmerie is part of the Ministry of Defense and primarily operates outside major cities. The army also reports to the Ministry of Defense. Civilian authorities generally maintained effective control over the security forces. Members of security forces committed abuses.

Significant human rights issues included: unlawful or arbitrary killings including extrajudicial killings by or on behalf of the government; torture and cases of cruel, inhuman, or degrading treatment or punishment by or on behalf of the government; harsh and potentially life-threatening prison conditions; arbitrary arrest or detention; serious problems with the independence of the judiciary; serious restrictions on free expression, the press, and the internet, including criminal libel and slander laws; serious acts of corruption in the judiciary, police, and the executive branch; lack of investigation of and accountability for violence against women; trafficking in persons; crimes involving violence or threats of violence against lesbian, gay, bisexual, transgender or intersex persons; existence or use of laws criminalizing consensual same-sex sexual conduct between adults; and existence of the worst forms of child labor.

The government took steps to identify, investigate, prosecute, and punish officials who committed abuses, whether in the security forces or elsewhere in the government, but impunity for abuses existed.

In the southern Casamance region, situated between The Gambia and Guinea-Bissau, a low-level insurgency between security forces and armed separatists continued. Sporadic incidents of violence occurred in the Casamance involving individuals associated with various factions of the separatist Movement of Democratic Forces of the Casamance. There were several skirmishes between those separatists and military and police forces. Mediation efforts continued in search of a negotiated resolution of the conflict, which began in 1982. There were several incidents related to illegal harvesting of timber by Movement of Democratic Forces of the Casamance separatists as the government’s security forces increased efforts to end illicit commerce. The government regularly investigated and prosecuted these incidents.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were at least two reports the government or its agents committed arbitrary or unlawful killings.

On March 11, authorities charged three police officers in the death of a motorcycle driver in Fatick. The man was allegedly carrying illegal drugs when he was stopped by police. Following his arrest, the police officers allegedly took the man to the beach where they beat him to death.

On May 2, a prisoner at Diourbel prison died from severe injuries. Three police officers and a security and community outreach officer from the Mbacke police station reportedly beat him. Authorities charged the alleged perpetrators for his death.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. Human rights organizations noted examples of physical abuse committed by authorities, including excessive use of force as well as 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 them, beat them with batons, and kept them in cells with minimal access to fresh air. Investigations, however, often were unduly prolonged and rarely resulted in charges or indictments.

Impunity for such acts was a significant problem. Offices charged with investigating abuses included the Ministry of Justice and the National Observer of Places of Deprivation of Liberty.

On March 24, during the first night of a nationwide curfew related to COVID-19, videos showed police swinging nightsticks at fleeing persons. Police in a statement apologized for “excessive interventions” and promised to punish officers involved.

According to the Conduct in UN Field Missions online portal, there was one allegation submitted in February of sexual exploitation and abuse by Senegalese peacekeepers deployed to United Nations Stabilization Mission in Haiti, allegedly involving an exploitative relationship with an adult. As of September the Senegalese government and the United Nations were investigating the allegation.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, but the government often did not enforce the law effectively. Officials frequently engaged in corrupt practices with impunity. During the year there were reports of government corruption.

Corruption: The National Anticorruption Commission (OFNAC) in 2016 concluded that bribery, misappropriation, abuse of authority, and fraud remained widespread within government institutions, particularly in the health and education ministries, postal services, and the Transport Ministry. In January, OFNAC released long overdue reports on its activities for 2017 and 2018 and swore in six new executive-level officials, bringing its managing board to a full complement for the first time in several years. Reports of corruption ranged from rent seeking by bureaucrats involved in public approvals, to opaque public procurement, to corruption in the judiciary and police. Some high-level officials in President Sall’s administration were allegedly involved in corrupt dealings. The government made some progress in its anticorruption efforts, mounting corruption investigations against several public officials (primarily the president’s political rivals) and secured several convictions (see section 1.d.).

Financial Disclosure: The law requires the president, cabinet ministers, the speaker and chief financial officer of the National Assembly, and managers of public funds in excess of one billion CFA francs ($1.8 million) to disclose their assets to OFNAC. Failure to comply may result in a penalty amounting to one-quarter of an individual’s monthly salary until forms are filed. The president may dismiss appointees who do not comply. With the exception of disclosures made by the president, disclosures made under the law are confidential and unauthorized release of asset disclosures is a criminal offense. On July 13, President Macky Sall gave a one-month ultimatum to government ministers to follow OFNAC guidelines related to the declaration of assets. All except one complied by the deadline.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative but rarely took action to address their concerns.

Government Human Rights Bodies: The government’s National Committee on Human Rights included government representatives, civil society groups, and independent human rights organizations. The committee had authority to investigate abuses but lacked credibility, did not conduct investigations, and last released an annual report in 2001.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual activity between adults, referred to in law as an “unnatural act,” is a criminal offense, and penalties range from one to five years’ imprisonment and fines; however, the law was rarely enforced. No laws prevent discrimination based on sexual orientation or gender identity, nor are there hate crime laws that could be used to prosecute crimes motivated by bias against LGBTI persons.

LGBTI persons faced widespread discrimination, social intolerance, and acts of violence. LGBTI individuals were subject to frequent threats, mob attacks, robberies, expulsions, blackmail, and rape; authorities sometimes condoned or tolerated these abuses. LGBTI activists also complained of discrimination in access to social services. The government and cultural attitudes remained heavily biased against LGBTI individuals.

In October 2019 cemetery authorities in Touba refused to authorize the burial of a man in the Bakhia cemetery based on a report of the deceased’s LGBTI status.

In November 2019 a prominent anti-LGBTI organization published a list of LGBTI associations and their leadership who had received nongovernmental organization status from the government. Publication of the list created widespread public backlash against those organizations, resulting in authorities closing them.

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