Original HRC document

PDF

Document Type: Final Report

Date: 2009 May

Session: 11th Regular Session (2009 Jun)

Agenda Item: Item6: Universal Periodic Review

GE.09-16280 (E) 261009 131109

Human Rights Council Eleventh session Agenda item 6 Universal Periodic Review

Report of the Working Group on the Universal Periodic Review**

Senegal

* Reissued for technical reasons. ** The annex to the present report is circulated as received.

United Nations A/HRC/11/24*

General Assembly Distr.: General 5 October 2009 English Original: English/French

A/HRC/11/24*

2 GE.09-16280

Contents Paragraphs Page

Introduction............................................................................................................. 1–4 3

I. Summary of the proceedings of the review process................................................ 5–96 3

A. Presentation by the State under review........................................................... 5–15 3

B. Interactive dialogue and responses by the State under review........................ 16–96 5

II. Conclusions and/or recommendations .................................................................... 97–99 16

Annex

Composition of the delegation ......................................................................................................... 22

A/HRC/11/24*

GE.09-16280 3

Introduction

1. The Working Group on the Universal Periodic Review (UPR), established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its fourth session from 2 to 13 February 2009. The review of Senegal was held at the 10th meeting on 6 February 2009. The delegation of Senegal was headed by H.E. Madické Niang. At its meeting held on 10 February 2009, the Working Group adopted the present report on Senegal.

2. On 8 September 2008, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Senegal: Italy, Brazil, and Angola.

3. In accordance with paragraph 15 of the annex to resolution 5/1, the following documents were issued for the review of Senegal:

(a) A national report submitted/written presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/4/SEN/1); (b) A compilation prepared by the Office of the High Commissioner for Human Rights (OHCHR), in accordance with paragraph 15 (b) (A/HRC/WG.6/4/SEN/2); (c) A summary prepared by OHCHR, in accordance with paragraph 15 (c) (A/HRC/WG.6/4/SEN/3).

4. A list of questions prepared in advance by the Czech Republic, Latvia, the Netherlands, Sweden, the United Kingdom, Denmark, Germany, and Ireland was transmitted to Senegal through the troika. These questions are available on the extranet of the UPR.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. At the 10th meeting, held on 6 February, H.E. Mr. Madické Niang, Minister of State and Minister of Justice, presented the national report. He said that Senegal remains convinced that the proper observance of human rights helps States develop and is a factor in the establishment of an international order based on justice, peace and security. As he could not describe all the efforts made by Senegal to promote and protect human rights because of time constraints, he mentioned only the major initiatives.

6. The fundamental rights and freedoms embodied in the various international legal instruments are enshrined in the Senegalese Constitution. Senegal has put in place a number of mechanisms to promote and protect human rights, including:

(a) The Senegalese Human Rights Committee, established in 1970, an independent and financially autonomous institution, which has had “A” accreditation status, granted by the International Coordinating Committee of National Institutions, since 1999;

(b) The Office of the High Commissioner for Human Rights and the Promotion of Peace, established in 2004, responsible for the promotion and protection of all human rights;

(c) The Office of the Ombudsman, established in 1991, mandated primarily to mediate between the Administration and citizens, and with the right to act on its own initiative.

A/HRC/11/24*

4 GE.09-16280

7. As follow-up to the ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OP-CAT), in 2006 the National Assembly adopted a bill establishing a new mechanism for the prevention of torture: the National Observatory of Places of Detention.

8. Senegal is honoured by the choice of its capital to host the West Africa Regional Office of the Office of the United Nations High Commissioner for Human Rights (OHCHR).

9. Senegal has allocated significant financial resources to education in recent years: at present, 42 per cent of the State budget is spent on education. These efforts have led to a significant improvement in primary education enrolment. They have enabled Senegal to move towards universal enrolment and, above all, to reduce the disparities between genders, regions and backgrounds.

10. With regard to early childhood, in 2004 Senegal set up the national kindergarten programme, “Case des tout petits”, which was praised by UNESCO and provides for the care of children up to the age of 6 years from disadvantaged backgrounds, guaranteeing them access to education, health care and food.

11. In furtherance of the right to health Senegal has allocated public resources that exceed the international standards set by WHO, thus demonstrating its commitment to ensuring universal access to health care. Various national programmes have been set up, including some addressing the specific problems of certain vulnerable social groups, such as street children, the pupils of certain Koranic schools, children affected by HIV/AIDS and persons with disabilities. Senegal has also set up a plan called “Sesame”, which provides destitute older persons with free health care and certain medications.

12. To fulfil its international commitments relating to non-discrimination against women, Senegal has been undertaking progressive and irreversible reforms with the aim of steadily improving its legislation. With regard to the protection of women’s physical integrity, Senegal has not only adopted punitive measures, including the criminalization of female genital mutilation, violence against women and human trafficking for the purposes of sexual exploitation, but is also making significant ongoing efforts to raise awareness of these issues. To this end, the National Observatory of Women’s Rights was set up on 15 December 2008. The question of women’s access to land ownership was resolved in article 15 of the Constitution.

13. The protection of children remains a high priority in Senegalese policies. In addition to the ratification of the main relevant international instruments, Senegal has taken significant action to enforce children’s rights. In that connection, a Children’s Code is being drafted.

14. With regard to civil and political rights, Senegal recalls that it has a long tradition of respect for freedoms. The freedom to demonstrate and freedom of expression and thought are thus guaranteed by the Constitution.

15. Senegal will continue to work for the promotion and protection of human rights and remains open to all forms of cooperation in this regard, in particular with the special procedures mandate holders. The Minister of State further recalls that Senegal has responded positively to all visit requests to date.

A/HRC/11/24*

GE.09-16280 5

B. Interactive dialogue and responses by the State under review

16. During the interactive dialogue, statements were made by 60 delegations. Additional statements by 5 delegations which could not be delivered during the dialogue due to time constraints are posted on the UPR extranet when available.*

17. A number of delegations thanked Senegal for the comprehensive national report and its open, candid and self-critical presentation and for the responses provided to advance questions. Statements were made welcoming Senegal’s commitment to the UPR process, its constructive participation and the broad-based consultations with stakeholders that took place in preparing the national report.

18. Nigeria noted that Senegal has continued to strengthen its human rights infrastructure. It noted Senegal’s policies and action plans for children’s and women’s empowerment, and efforts made regarding juvenile justice. Nigeria noted Senegal’s challenges, including inadequate finances, capacity-building and technical know-how. Nigeria called on the international community to support Senegal in the creation of wealth, the fight against poverty, and the provision of basic social services to further promote and protect human rights. Nigeria encouraged Senegal to continue to improve its policies and programmes for strengthening the capacities of its national institutions and public decision- making authorities and to improve the legislative and judicial environment, as well as the overall human rights infrastructure.

19. Algeria stressed Senegal’s commitment to the rights of migrant workers and encouraged Senegal to continue with its commitment to promoting awareness among the largest number of countries regarding the importance of ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW). Algeria requested information on the implementation of the GOANA plan and recommended that Senegal continue its efforts to guarantee the right to food for the Senegalese people and consider requesting technical assistance from OHCHR on the right to food. It welcomed Senegal’s efforts to reaffirm the tolerant and peaceful nature of Islam and encouraged the Government to continue with its international commitment to promoting a spirit of tolerance and dialogue between religions, civilizations and cultures.

20. Morocco noted the reflection of Senegal’s commitment to human rights in the Constitution, which recognizes the pre-eminence of international agreements over national law. It noted the ratification of almost all international human rights instruments. Morocco noted the legislative and institutional infrastructure and recommended that Senegal continue with its efforts to harmonize its reforms and consolidate its mechanisms and institutions. Noting that the fight against poverty is a priority, Morocco recommended that Senegal continue and strengthen its efforts to combat poverty and asked the international community to give Senegal the necessary assistance in that regard.

21. Sudan noted the ratification of the Convention on the Rights of the Child (CRC) and the African Convention on the Welfare of the Child. It noted the Pre-School Children Fund, programmes to combat human trafficking, and laws to protect women’s rights. Sudan recommended that Senegal continue its efforts to eradicate poverty, achieve the Millennium Development Goals (MDGs), and coordinate its efforts with other developing countries and stakeholders.

22. Tunisia welcomed the ratification of most international human rights instruments, their incorporation in the Constitution and the establishment of institutions for the promotion of human rights. It noted the creation of mechanisms to tackle poverty through a

* Niger, Russian Federation, Albania, Democratic People’s Republic of Korea, and Bangladesh.

A/HRC/11/24*

6 GE.09-16280

programme of assistance and through microcredit and asked about the coordination and regulation of these mechanisms.

23. Iran noted the measures taken for the realization of economic, social and cultural rights, including the right to development, and for achievement of the MDGs. While welcoming the education budget allocation, Iran noted the need for more work to guarantee free access to education. Iran asked about measures to promote employment and implement protective programmes, achievements in poverty reduction, education and health and the extent to which the MDGs will be achieved. Iran recommended that Senegal take all appropriate and necessary measures for better and speedy realization of social, economic and cultural rights and particularly the right to development. It also recommended Senegal foster the human rights culture among society with a view to further promoting and protecting human rights.

24. Indonesia commended the laws: making education free and compulsory for children aged 1–16; prohibiting the employment of children under 15 years of age, and prohibiting all forms of violence against and corruption of minors. Indonesia stressed that Senegal has ratified and participated in the codification of many international conventions. It recommended that Senegal continue its efforts to diminish the proportion of the urban population living in slums, so as to fulfil the rights of families to decent housing conditions. It noted the challenge identified by UNESCO of closing the primary-education enrolment gap while at the same time addressing issues of quality and recommended that the Government of Senegal take steps to address it.

25. Turkey, while noting Senegal’s delay in reporting to treaty bodies, welcomed the Government’s willingness to submit several of its reports. Turkey encouraged Senegal to welcome special procedures mandate holders and to provide the best possible conditions in order for them to carry out their missions. It commended the priority given to education and the importance given to the protection of children’s rights. Turkey recommended that Senegal take into consideration the comments made by the Committee on the Rights of the Child concerning the adoption of a global strategy in order to eliminate all forms of discrimination against vulnerable groups of children. Turkey also encouraged Senegal, which has significant experience thanks to its active participation in the 2001 Durban World Conference, to continue to contribute positively to the review process.

26. Viet Nam commended Senegal’s National Strategy on Poverty Alleviation, education reform measures and HIV/AIDS prevention programmes. It welcomed Senegal’s accession to key international human rights treaties and its cooperation with special procedures. Viet Nam recognized that protection of the rights of vulnerable groups is among the major challenges and recommended that Senegal continue its efforts and take effective measures to overcome it.

27. Cuba noted the strategy to fight poverty, promote social services and improve living conditions. It congratulated the promotion of the right to food, social protection, health, education and the rights of children and women. Cuba welcomed Senegal’s initiatives in strengthening dialogue among civilizations, cultures and religions. Cuba recommended that Senegal continue its efforts and initiatives to promote dialogue, peace and tolerance amongst peoples, cultures, religions and civilizations.

28. The Netherlands noted cases of apparent violation of the independence of the courts and recommended Senegal safeguard the separation of powers and independence of the judiciary. With regard to incidents with journalists and journalism, the Netherlands recommended Senegal decriminalize press offences. It noted that the Penal Code criminalizes homosexual conduct and recommended that Senegal remove the article in question, which is not in compliance with the Universal Declaration of Human Rights. The Netherlands welcomed the creation of the National Observatory of Women’s Rights

A/HRC/11/24*

GE.09-16280 7

(ONDF) but expressed concern about the persistent de jure and de facto inequality between men and women. It asked if the ONDF already reported cases and submitted suggestions for improvement.

29. The Libyan Arab Jamahiriya noted the enshrinement of human rights in the Constitution, the number of laws enacted and the ratification of several international instruments, including the Convention against Torture (CAT) and the optional protocols to the CRC. It asked about the measures taken to launch the campaign for agriculture and the right to food and to increase the production of basic food.

30. Qatar noted that the Constitution guarantees equality to all and welcomed the efforts made to promote human rights, including the rights to education, health and housing. Qatar commended the peaceful coexistence and tolerance, particularly between Christians and Muslims. It welcomed efforts to eradicate poverty and requested information on the methods and resources to address the problem of HIV/AIDS.

31. Switzerland welcomed Senegal’s determination to make human rights a priority. It recommended that Senegal (a) take specific and effective measures required to ensure respect for freedom of expression and freedom of association; (b) contribute towards combating impunity internationally, in particular by implementing the mandate given to Senegal by the African Union to try the former head of State of Chad, M. Hissène Habré; (c) ensure the implementation of the provisions of law 99-05 prohibiting female genital mutilation (FGM) and organize an effective national campaign to prevent and eradicate this practice; and (d) step up its efforts to implement the CRC, particularly in the areas of juvenile justice, trafficking of children and child labour. Switzerland expressed concern about reports of arbitrary detentions of individuals based on their sexual orientation and emphasized the importance of ensuring the full enjoyment of the rights of all persons without discrimination.

32. Pakistan noted the work of the CSDH for the promotion of human rights and the steps taken for the protection of the rights of people with disabilities, including special schools for professional training. Pakistan praised the legislation to combat smuggling of migrants. Pakistan recommended that this law be made available to countries facing problems of smuggling of migrants, in order to help them to develop such laws. Pakistan welcomed the measures taken to eliminate poverty despite Senegal’s vulnerability to natural disasters.

33. France asked about women’s rights and the elimination of discrimination, including polygamy, succession rules, and FGM. France noted the cooperation with special procedures and inquired about a standing invitation to all of them. France recommended the abrogation of article 80 of the Criminal Code concerning infringement of State security, which restricts the right to freedom of expression and, in the light of recent prohibitions of demonstrations and pressures on the organizers of certain political meetings, it further recommended that Senegal ensure the effective freedom of demonstration and freedom of association.

34. Chad indicated that Senegal is a beacon of democracy in Africa and noted the institutional structures established for the protection and promotion of human rights. It saluted Senegal’s commitment to ensuring the right to food and asked for the international community’s support for further improvement in the field of human rights.

35. The United Kingdom welcomed the HCDHPP and the CSDH and encouraged Senegal to ensure their operation within the Paris Principles. It commended the commitment to OP-CAT and expressed hope that consideration would be given to provisions on visits and funding. It recommended that Senegal continue its awareness- raising campaigns to combat and eradicate FGM and other traditional harmful practices against women and girls. It noted concerns regarding the prohibition of some forms of

A/HRC/11/24*

8 GE.09-16280

sexual activity between consenting adults and recommended that Senegal’s Criminal Code be amended to decriminalize homosexual activity between consenting adults. It noted concerns expressed over the detention of journalists and freedom of expression in the media. The United Kingdom recommended that Senegal take forward plans to decriminalize press offences as agreed by the President of the Republic in 2004 and as reported to the United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.

36. Côte d’Ivoire noted Senegal’s political will concerning the provision of sanitation in areas where this service is lacking and the realization of land and housing rights. It also noted Senegal’s commitment to implement the “Education for All” project, which has increased access to primary education and improve the quality of teaching. It recommended that the international community strengthen its support for Senegal, which remains a model for democracy in Africa, particularly with respect to the promotion of economic, social and cultural rights.

37. Belgium expressed concern about the criminalization of homosexuality, as well as the harassment and discrimination of which homosexuals are victim. In this respect, reference was made to the recent arrest of nine persons and their sentencing to eight-year prison terms because of their sexual orientation. Belgium recommended that Senegal decriminalize homosexuality and free all persons imprisoned on the grounds of their sexual orientation. It recommended that Senegal respect and protect the human rights and the fundamental freedoms of all persons without any form of discrimination. Further, noting that journalists have faced pressure, threats and other acts of intimidation, and occasionally imprisonment. it recommended that Senegal revise its legislation on freedom of the press in order to bring it into line with international standards.

38. While recognizing the freedom of expression and noting Senegal’s intention to further reform the national press law, Sweden expressed concern about reports of harassment and intimidations of journalist and mass media outlets. Sweden recommended Senegal take further measures, including legislative action, to ensure full respect for the freedom of expression and freedom of the press, in accordance with international standards. Sweden noted the concerns expressed by the Committee on the Rights of the Child regarding corporal punishment, despite a legal ban, and recommended Senegal continue its efforts and take necessary policy measures to ensure that children are protected from corporal punishment and other forms of violence or exploitation.

39. Luxembourg supported the recommendation of the Committee on the Rights of the Child that Senegal continue carrying out awareness-raising campaigns to combat and eliminate FGM and other traditional practices that are harmful to health and seek to bring about positive trends in traditional behaviour. Luxembourg supported the recommendation of the Committee on Economic, Social and Cultural Rights (CESCR) to better implement laws aimed at eliminating all forms of violence against women. It also supports the recommendations by the Committee on the Rights of the Child that Senegal ensure that the law against sexual exploitation of children be better implemented and take better measures to protect girls engaged in domestic work from economic exploitation and sexual abuse. Luxembourg noted reports of torture within detention centres, infringement on the independence of justice and restrictions on press freedom. Luxembourg noted Senegal’s fight against poverty and welcomed its partnership to reach the MDGs and to contribute to good governance.

40. Slovenia commended the cooperation with UN-HABITAT in slum upgrading and realization of land and housing rights. It commended the abolishment of the death penalty and the ratification of most human rights treaties and encouraged submission of periodic reports and answers to special procedures mandate holders’ questionnaires. It expressed concern over working children and over arbitrary arrests, harassment and discrimination on

A/HRC/11/24*

GE.09-16280 9

grounds of sexual orientation or gender identity. It recommended Senegal review national legislation which results in the discrimination, prosecution and punishment of people solely for their sexual orientation or gender identity. Slovenia noted reports of restrictions on the freedoms of expression, association and assembly and recommended that Senegal protect the rights of assembly and freedom of expression. It noted the concern of the Committee on the Rights of the Child at the lack of juvenile judges, the insufficient number of juvenile courts and the detention of girls in adult prisons.

41. The Democratic Republic of Congo noted Senegal’s ratification of many international instruments and the legal approach adopted in legal proceedings including allowing persons to object to a law which infringes human rights. It highlighted policies in favour of people of vulnerable age and the recognition of equality and the role of women. It requested information regarding the changes made to institutions, including the National Assembly. It encouraged Senegal to pursue its policy regarding persons with HIV and the elderly, which makes its commitment to the cause of human rights more concrete.

42. The Holy See noted the constitutional provision on free practice of religious beliefs and commended Senegal’s involvement in interreligious dialogue. It noted the apparent tendency to limit the freedom of journalists and recommended that the police and armed forces receive training on human rights and freedom of the press in order to prevent any deterioration in this respect. The Holy See noted the high maternal mortality and recommended that Senegal further invest in achieving the MDG on maternal health, including access to equipment, drugs and supplies; transportation for medical referrals; and partnerships with other medical personnel. Acknowledging the priority given to education, the Holy See recommended that Senegal further invest in education and give special attention to the education of girls and young women.

43. China noted the reduction of poverty as a priority and acknowledged progress in the promotion of the right to health, education and culture. China noted progress in the elimination of discrimination against women and the protection of children’s rights. China asked about measures planned by Senegal to alleviate the impact of the food crisis and the financial crisis on the rights of its people.

44. Ghana noted the efforts aimed at ensuring an adequate standard of living, providing support to vulnerable groups, and securing the right to health and education. It welcomed the enactment of legislation criminalizing sexual harassment and domestic violence against women and recommended that Senegal increase its efforts to eliminate all forms of discrimination against women, including by adopting effective measures to implement relevant existing legislation. It also recommended that Senegal, with the assistance of the international community, increase its efforts to speed up the implementation of the next phase of its Poverty Reduction Strategy Paper with a view to promoting the right to an adequate standard of living.

45. Germany asked about measures to guarantee equality and to abolish discrimination of children born out of wedlock, children with disabilities, children affected by HIV/AIDS, girls, street children and talibés. Germany recommended that Senegal continue its efforts to effectively combat human trafficking, to protect child victims of sexual exploitation and to prevent the abuse of girls as domestic servants. It also recommended that Senegal expand its efforts to ensure universal access to maternal and child health-care services and facilities, in particular in rural and remote areas. Germany recommended that Senegal continue to take all necessary measures to ensure that teachers are adequately trained, that girls and boys from all areas have equal access to education and that enrolment in primary and secondary education, including in rural and less developed areas, increases significantly.

A/HRC/11/24*

10 GE.09-16280

46. Yemen noted the ratification of almost all international human rights instruments and that these take precedence over the Constitution. Yemen noted Senegal’s efforts, for which the international community’s support was needed, to promote a culture of respect for human rights and to build institutions in that regard.

47. Oman noted the number of ratified international instruments and the establishment of many institutions, including the regional office of OHCHR. It noted Senegal’s active participation in education and in the realization of civil and political, economic, social and cultural rights. It recommended accepting the support of OHCHR in the area of dissemination of human rights in order to support national cultural and education programmes.

48. The head of the delegation thanked all the delegations for their positive remarks on the human rights situation in Senegal. With regard to juvenile justice, Senegal is committed to strengthening capacities, improving structures and training staff. A significant effort is being made because children must be protected.

49. Senegal is committed to wider ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families as it is directly affected by the Convention and shares the ideals underpinning the text. With the adoption of the Great Offensive for Agriculture, Food and Abundance (GOANA), Senegal considered that the solution, in view of the global crisis, was to utilize its potential, with the support of international cooperation, in particular through the provision of agricultural equipment and technology. The initial results have been encouraging and Senegal requests the international community to continue to provide its support so that Senegal can achieve food self-sufficiency.

50. Senegal said that it had adopted the participatory approach in relation to the drafting of its reports as a matter of principle. When taking any action, the country calls on civil society to ensure a certain degree of symbiosis.

51. Senegal cooperates with all the organizations working to combat human trafficking and the Senegalese police are very active in this area.

52. The head of the delegation stressed that freedom of the press is more fully respected in Senegal than anywhere else in the world. It is important to understand, however, that such freedom must be exercised within the bounds imposed by the freedoms of others. The excessive exercise of freedom of expression has led to legal actions in Senegal, as in other countries. Those actions have been brought in response to complaints submitted by citizens before courts, which act with complete independence.

53. In response to the statements relating to prosecutions of persons because of their sexual orientation, the head of the delegation said that homosexuality is a purely private matter, with a long history in Senegal, and is not in itself a cause for prosecution. The prosecutions referred to occurred only when the homosexual relations took place in public and were of an obtrusive nature, therefore placing them in conflict with morality and religion. Concerning decriminalization, it is necessary to take account of the culture, and avoid exacerbating the rejection of homosexuals and endangering their lives.

54. Senegal has made great efforts to promote gender equality, inter alia through positive discrimination. However, it is important to take into consideration the elements peculiar to Islam, which account for the existence of polygamy. In that connection, women are no longer alienated since they enter freely into polygamous unions.

55. The delegation recalled that Senegal is ready to respond positively to any request under the special procedures.

A/HRC/11/24*

GE.09-16280 11

56. With regard to freedom of expression, a commission is currently discussing the question of the decriminalization of press offences. It is important for journalists to receive proper training in order to ensure that they obey the rules, even though, at present, there is only one journalist in prison in Senegal; such convictions can be found in any democracy. Freedom of association is fully guaranteed in Senegal except where there is a real risk of public order disturbances and it is always possible to appeal any decision before a court. This freedom is enshrined in the Constitution.

57. The independence of the judiciary is also respected. The composition of the Judicial Council is under discussion and, at present, only the President and the Minister of Justice are not judges. Thus, even when the Minister of Justice wants to have a judge transferred by a decision of the Judicial Council, it is the judges who take the decision because they make up the majority.

58. The delegation recalled that, with regard to freedom of the press, the State provides training grants and assistance with the creation of community radio stations, with total funding amounting to 1 million dollars. These funds are allocated through a joint body in which the State is a minority stakeholder. A press centre will be set up in 2010. The freedom of the press is reflected in the presence of a large majority of opposition media. 59. With regard to torture in places of detention, the delegation recognized the existence of such cases, which are systematically investigated; where appropriate, the investigations have led to convictions in addition to disciplinary sanctions. In that connection, in 2001, the office of sentence enforcement judge was created and, once the Senate has adopted the relevant legislation, the National Observatory of Places of Detention will be set up. Its reports will be public. In Senegal, torture is prohibited and, if there is conclusive evidence that torture has been committed, an action is brought.

60. The Government has embarked on the second phase of the poverty reduction programme, which primarily targets women and children. Children receive special protection. In addition to ratifying all the relevant conventions, Senegal has provisions in place for children in families, schools and public areas, such as the streets. In that regard, Senegal is addressing the question of talibés by helping the Koranic schools. Corporal punishment is prohibited; one Koranic teacher has been convicted for that offence.

61. The head of the delegation concluded by saying that the statements had enabled him to take stock of what had been done in Senegal and to draw lessons on how to continue improving the situation.

62. The United Arab Emirates noted that the Constitution reflects the rights and principles of international conventions. It welcomed the efforts made to establish an institutionally-based rule of law. It noted that according to the national report, human rights are not necessarily well known by everyone and encouraged Senegal to step up its efforts to develop programmes and take action to publicize human rights.

63. Canada welcomed the adoption of a law modifying the Constitution, which will allow Hissène Habré to be tried by the Senegalese justice. Canada was concerned about the fact that homosexuality is criminally repressed and recommended that Senegal modify its Criminal Code to abolish the criminalization of homosexual acts, in line with the provisions of ICCPR, particularly articles 2 and 26. Canada noted that, despite the legislation punishing it, violence against women continues. It recommended that Senegal take measures to raise awareness among the public and all players involved in the judicial system regarding the need to respect and apply this legislation. Canada recommended that Senegal respect the commitments concerning the freedom of expression which it undertook by ratifying the ICCPR. Canada noted that access to the legal system remains problematic and recommended that Senegal put in place means and mechanisms to raise awareness among its citizens regarding access to justice.

A/HRC/11/24*

12 GE.09-16280

64. The Philippines noted the ratification of nearly all human rights instruments, the enactment of laws against smuggling of migrants, human trafficking and the protection of victims, and the abolition of the death penalty. The Philippines recommended that Senegal continue its efforts to implement these national laws. It also recommended that Senegal continue its efforts to promote women’s rights and the right to health, particularly that of children, through enhancing international cooperation in these fields.

65. Palestine noted Senegal’s ratification of international human rights instruments and encouraged their consolidation through structures including the Senegalese Committee of Human Rights. Palestine highlighted social development funds and poverty reduction programmes. Palestine recommended the Government of Senegal pursue efforts for the elimination of all forms of discrimination against women and also recommended Senegal increase its involvement in the field of international cooperation to tackle the consequences of the international food and economic crises.

66. Burkina Faso noted the abolishment of the death penalty, the priority given to education, and the search for equality between men and women. It encouraged Senegal to pursue its efforts, despite the constraints that a developing country is always facing, to consolidate its institutions in accordance with democratic principles and human rights. It called on OHCHR and the international community to support Senegal in these efforts. Burkina Faso invited Senegal to share its experience in pursuing the effective realization of human rights at bilateral and sub-regional levels and hailed the initiative taken for a dialogue between civilizations through the holding in Dakar of a high-level meeting on the Islamic-Christian dialogue.

67. Haiti noted Senegal’s participation in the promotion of human rights. Noting that Senegal has signed the Convention on Rights of Persons with Disabilities (CPD), the Optional Protocol (OP-CPD) thereto and the Convention on the Protection of all Persons from Enforced Disappearances (CED), it recommended that they be ratified as soon as possible. It also recommended Senegal take steps to ensure the right to education to Senegalese children who cannot follow the regular curriculum.

68. Bahrain acknowledged the efforts to promote political, economic, social and cultural rights and welcomed Senegal’s efforts as chair of the Organisation of the Islamic Conference (OIC) to promote freedom of religion and dialogue among cultures, as demonstrated by the convening of a conference on the Islamic-Christian dialogue. Bahrain welcomed Senegal’s efforts to promote the right to education, a national priority. It requested further information on the financial resources allocated to the education sector.

69. Angola commended Senegal’s legislation on the freedom of press. Angola welcomed the peaceful coexistence amongst various religious groups. It noted the efforts made to reduce poverty and asked how the international community intends to support these efforts. Angola welcomed the initiatives undertaken in the education sector, including the budget increase. It recommended that Senegal continue to promote measures to strengthen the educational system.

70. Argentina noted the concern of the Committee on the Rights of the Child at discrimination against children born out of wedlock, children with disabilities, children affected by HIV/AIDS, young girls, street children and the Committee’s request to adopt a strategy to eliminate all discrimination. It also noted the Committee’s recommendations for inclusion of children with disabilities in the educational system and society, adoption of an inclusive legal framework directed to their needs, and awareness-raising campaigns.

71. Botswana acknowledged Senegal’s institutional legal framework. It welcomed Senegal’s ratifications of international human rights instruments. It recommended that the government of Senegal continue its positive efforts towards implementation of relevant legislation pertaining to, inter alia, the prohibition of certain cultural practices adjudged

A/HRC/11/24*

GE.09-16280 13

harmful. It also recommended that Senegal continue application of measures aimed at the implementation of the Criminal Code, law and other legal mechanisms in place to protect children. Lastly, it recommended that the Government continue its commendable efforts to combat HIV & AIDS and share its experiences, particularly regarding the involvement of youth in the programmes designed to fight this scourge.

72. Mexico noted the ratification of human rights instruments and their primacy over the Constitution. It welcomed the efforts to submit outstanding reports to treaty bodies and the acceptance of the visit of the Special Rapporteur on the rights of migrants. Mexico recommended that Senegal finalize and submit its reports to the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), the Committee on the Elimination of Racial Discrimination (CERD) and CAT and extend invitations to the Special Rapporteurs on torture and the independence of judges and lawyers. Noting reports of discrimination against women and girls, it recommended that Senegal take immediate measures to deal with the problem of discrimination, to facilitate women’s access to education and health and to fully ensure the protection of women. Mexico expressed concern over reports of discrimination against children. Mexico recommended that Senegal develop a national comprehensive action plan for children, complete ratification of the 1993 Hague Convention on Protection of Children and Co- operation in Respect of Intercountry Adoption and strengthen legal measures for the protection of minors.

73. Egypt welcomed the establishment of the CSDH, which conforms to the Paris Principle. It noted the law against the smuggling of migrants and the institutional and legislative measures in the field of economic, social and cultural rights, including poverty- reduction strategies. Egypt recommended that Senegal conduct a detailed analysis and evaluation of the extent of technical assistance and resources required from OHCHR and from other sources to enable it to carry out its efforts aimed at strengthening the promotion and protection of human rights. Egypt also recommended that Senegal continue its cooperation with international human rights institutions and treaty bodies and that it continue its efforts to spread a culture of human rights and publicize the human rights instruments to which it is a party and to build, with the support of OHCHR, the necessary national capacity for the preparation of its periodic reports to treaty bodies. Lastly, Egypt recommended Senegal continue its efforts, with international cooperation and support, for the realization of the MDGs.

74. Benin welcomed the ratification of OP-CAT and the establishment of a national preventive mechanism. It invited Senegal to provide it with the necessary financial and human resources for its effective functioning.

75. Syria commended Senegal’s efforts in fulfilling its international commitments while preserving its cultural and religious specificities. Syria noted the steps taken to promote human rights, especially regarding land utilization, food provision and housing. It asked how Senegal is providing essential commodities in the current world food and energy crisis.

76. Saudi Arabia noted the importance given to the promotion of human rights, as reflected in the Constitution. It noted the number of institutions, including the Ombudsman and the CSDH. Senegal’s efforts to combat poverty and to strengthen rights to food, education and health were welcomed, including the efforts to combat illiteracy and educate children. It recommended that the upcoming visit of the Special Rapporteur on the right to education be used to set up national plans for the promotion of this right.

77. Latvia welcomed Senegal’s efforts to expand access to and raise the quality of primary education and welcomed the establishment of the regional OHCHR office in Dakar. Latvia recommended that the Government of Senegal consider extending a standing invitation to all special procedures of the Human Rights Council.

A/HRC/11/24*

14 GE.09-16280

78. Malaysia commended Senegal’s ratification of a number of international human rights instruments. It noted Senegal’s public-awareness campaigns on violence against women and asked about their effectiveness. Malaysia recommended Senegal further strengthen efforts to eliminate economic exploitation of children, including child labour, by implementing more effective measures on poverty eradication and access to education. Malaysia also recommended Senegal reinforce the steps taken to reduce unemployment and raise living standards by providing more access to economic-based training and literacy courses.

79. While noting Senegal’s tradition of democracy, good governance and press freedom, Ireland noted concerns regarding them and urged Senegal to act on the promise made by the President in 2004 to reform the press law and to eliminate prison terms for press offences. While welcoming the delegation’s comments concerning the right to private life and privacy, Ireland recommended that Senegal launch a national debate which may lead to the decriminalization of homosexuality. Ireland welcomed the action taken to enable Senegal to proceed with the trial of Hissène Habré, but, noting that more than two years have passed since the African Union mandated Senegal to prosecute Mr. Habré, it urged Senegal to fulfil that mandate as soon as possible and bring Mr. Habré to justice. Ireland welcomed the progress on women’s rights but expressed concern that legislation does not always translate into concrete results. Ireland recommended a more effective enforcement of law 99-05 which prohibits FGM, and encouraged Senegal to undertake an awareness-raising campaign about the practice.

80. Azerbaijan commended Senegal’s decision to abolish capital punishment. It recommended that the Government continue its poverty-reduction efforts and take effective measures to overcome the consequences of the food and financial crises. Azerbaijan welcomed the attention to education and recommended that Senegal strengthen its efforts to achieve the MDGs. Azerbaijan welcomed efforts to promote and strengthen dialogue between civilizations and recommended that Senegal share its good practices in this field with other countries.

81. India lauded Senegal’s efforts to promote human rights and its institution-building and policy-making. It welcomed the renewal of the Senegalese national human rights institution’s “A” status in 2007 and Senegal’s commitment to expanding access to and improving the quality of education.

82. Mali appreciated the progress made in promoting human rights amid the challenges mentioned in the national report. It recommended that the international community support Senegal in its determination to promote and protect human rights in the land of Teranga.

83. The Czech Republic commended the ratification of OP-CAT. It noted Senegal’s pledge to welcome the special procedures mandate holders and recommended that Senegal issue and implement a standing invitation to all special procedures. The Czech Republic also recommended Senegal enhance the effectiveness of the judiciary, including with respect to the length of pretrial detention. It recommended giving law enforcement and judicial officials specific training with regard to protection of the human rights of women, children and persons of minority sexual orientation or gender identity, and ensuring proper investigation and punishment of any human rights violations committed by such officials. Regarding the protection of the right to privacy and non-discrimination, it recommended ending the legal prohibition of same-sex sexual acts or practices between consenting adults, releasing individuals arrested on the basis of that prohibition and adopting measures to promote tolerance towards homosexuality, which would also facilitate more effective educational programmes for HIV/AIDS prevention.

84. Gabon welcomed Senegal’s ratification of many human rights instruments and its fight against poverty, including through the Social Development Funds, the Poverty

A/HRC/11/24*

GE.09-16280 15

Reduction Support Strategy (PAREP), the Anti-poverty Plan (PLCP) and the National Solidarity Fund. It drew attention to Senegal’s need for OHCHR’s assistance and asked for the international community’s support for the implementation of the “GOANA” Plan.

85. Burundi commended Senegal’s standard-setting and institutional framework, which incorporates human rights, and the cooperation with OHCHR mechanisms. Burundi noted the efforts undertaken for a broad ratification of the ICRMW.

86. Afghanistan noted Senegal’s progress on women’s rights and gender issues and its ratification of international legal instruments on women’s rights. Afghanistan welcomed the institutional dimension of human rights and its consolidation. It noted the efforts to promote the rights to food, health and education.

87. Mauritius welcomed Senegal’s contribution to the preparation of the African Charter on Human and Peoples’ Rights. It commended the country’s efforts to consolidate its national institutions and asked about measures to raising awareness of human rights in schools and among the authorities. It appealed to the international community to support Senegal’s efforts to achieve sustainable development, a fundamental condition for the promotion of human rights.

88. Romania recognized the steps taken to implement international instruments, the abolishment of the death penalty, and the establishment of the regional office of OHCHR. It asked how Senegal intends to address detention and prison overcrowding and to combat discrimination against women, including FGM and domestic violence.

89. The Republic of Korea welcomed Senegal’s democratic transition and noted its protection of freedom of expression and its commitment to “Education for All”. It noted concerns expressed by the Committee on the Rights of the Child regarding child labour and recommended that Senegal strengthen its efforts to eliminate such labour, in particular by addressing the root causes of child economic exploitation through poverty eradication and access to education.

90. Djibouti welcomed Senegal’s ratification of most human rights instruments and their incorporation into national legislation. It noted initiatives on the right to health, as reflected by a significant drop in HIV/AIDS prevalence. It welcomed Senegal’s efforts to combat discrimination against women. Djibouti recommended that Senegal continue its efforts to protect fundamental freedoms and human rights and to protect its citizens.

91. South Africa commended the progress on economic, social and cultural rights and welcomed legislative efforts to incorporate international human rights instruments into domestic legislation, to address gender disparities, and to promote tolerance among people from different religious backgrounds. It welcomed the cooperation between Senegal and OHCHR. South Africa recommended that Senegal introduce awareness-raising campaigns to combat discriminatory practices against women, which still continue despite the significant legislative measures already adopted. It recommended that Senegal continue to strengthen its efforts to eradicate poverty and that it review policies aimed at protecting the rights of children, with a view to establishing a juvenile justice system to address violations of children’s rights, in particular, discrimination against children affected by HIV/AIDS, disabled children and children born out of wedlock.

92. Senegal provided additional information. With regard to the case of Hissène Habré, Senegal has fully implemented the mandate it was given by the African Union by carrying out all the necessary reforms. An African Union decision establishes the budget arrangements, and calls on member States, the European Union and other organizations to lend their support so that the trial may begin.

93. With regard to homosexuality, the delegation recalled that it had already given the necessary details and stated that decriminalizing homosexuality in Senegal was a complex

A/HRC/11/24*

16 GE.09-16280

issue that would require time and careful consideration because of the specific social factors involved.

94. The delegation added that Senegal is improving access to the justice system and that the amendments to the map of judicial districts will help in that regard. Similarly, a reform is under way to further limit the use of pretrial detention in accordance with the principle that freedom is the rule and detention the exception.

95. The delegation recalled that education is a priority in Senegal, as evidenced by the proportion of the national budget allocated to it, the fact that education is compulsory, and the financial assistance provided. Another priority is the eradication of female genital mutilation, with severe penalties in place and expanded awareness-raising efforts in villages. As a result of efforts to combat AIDS, the prevalence rate has declined among all population groups.

96. The head of the delegation concluded by thanking all the participants and stressing that the rule of law can never be taken for granted and that many lessons had been learned from the dialogue.

II. Conclusions and/or recommendations 97. The recommendations formulated during the interactive dialogue have been examined by Senegal and the recommendations listed below enjoy the support of Senegal:

1. Continue with its commitment to promoting awareness among the largest possible number of countries regarding the importance of ratifying ICRMW (Algeria);

2. Continue to apply measures aimed at the implementation of the Criminal Code and other legal mechanisms in place to protect children (Botswana);

3. Continue to improve policies and programmes towards strengthening the capacities of its national institutions and public decision-making authorities and to improve the legislative and judicial environment, as well as the overall human rights infrastructure (Nigeria); continue with efforts to harmonize reforms and consolidate mechanisms (Morocco) and institutions (Morocco, Burkina Faso) in respect of democratic principles and human rights despite the constraints that a developing country is always facing, and with the support of OHCHR and the international community (Burkina Faso);

4. Strengthen means and mechanisms to raise awareness among citizens regarding access to justice (Canada);

5. Finalize and submit the reports to CMRW, CERD and CAT (Mexico); continue cooperation with international human rights institutions and treaty bodies and continue its efforts to spread a culture of human rights and publicize the human rights instruments to which it is a party and build, with the support of OHCHR, the necessary national capacity for the preparation of the periodic reports to treaty bodies (Egypt);

6. Pursue (Palestine) and increase (Ghana) efforts at eliminating all forms of discrimination against women (Palestine, Ghana), including adopting effective measures to implement existing legislation on this subject (Ghana); continue to strengthen awareness-raising campaigns to combat

A/HRC/11/24*

GE.09-16280 17

discriminatory practices against women, which still continue despite significant legislative measures that have already been adopted (South Africa);

7. Enforce more effectively/ensure the implementation of law 99-05, which prohibits Female Genital Mutilation (FGM) (Ireland, Switzerland), undertake an awareness-raising campaign (Ireland) to prevent and eradicate this practice (Switzerland);

8. Better implement laws aimed at eliminating all forms of violence against women as recommended by CESCR (Luxembourg); take measures to raise awareness among the public and all players involved in the judicial system regarding the need to respect and apply the legislation on violence against women (Canada);

9. Continue positive efforts towards implementation of relevant legislation pertaining to, among others, the prohibition of certain cultural practices adjudged as harmful (Botswana); as recommended by CRC (Luxembourg) continue awareness-raising campaigns to combat and eradicate FGM and other traditional practices harmful (United Kingdom) to health (Luxembourg) against women and girls (United Kingdom) and seek to bring about positive trends in traditional behaviour (Luxembourg);

10. Continue efforts to guarantee the right to food for the Senegalese people, consider requesting technical assistance from OHCHR on the right to food (Algeria); increase involvement in the field of international cooperation to face the consequences of both international food and economic crises (Palestine);

11. Continue efforts to diminish the proportion of the urban population living in slums, so as to fulfil the rights of families to decent housing conditions (Indonesia);

12. Expand efforts to ensure universal access to maternal and child health- care services and facilities, in particular in rural and remote areas (Germany); continue efforts to promote women’s rights and the right to health, particularly that of children, through enhancing international cooperation in these fields (Philippines);

13. Pursue policy regarding persons with HIV and elderly persons which makes the commitment of Senegal more concrete for the cause of human rights (Democratic Republic of the Congo); continue to pursue commendable efforts to combat HIV & AIDS, and share experiences, particularly regarding the involvement of youth in programmes designed to fight this scourge (Botswana);

14. Further invest in achieving the Millennium Development Goals (MDGs) on maternal health including access to equipment, drugs and supplies; transportation for medical referrals; and partnerships with other medical personnel (Holy See);

15. Continue and strengthen efforts to combat poverty (Morocco, Sudan, Malaysia, Azerbaijan, South Africa) with the assistance of the international community (Morocco); take efficient measures to overcome the consequences of food and financial crises (Azerbaijan);

A/HRC/11/24*

18 GE.09-16280

16. Continue/strengthen efforts in order to achieve the MDGs (Azerbaijan, Egypt, Sudan), with international cooperation and support (Egypt); and coordinate efforts with other developing countries and stakeholders (Sudan);

17. With the assistance of the international community, increase efforts at speeding up the implementation of the next phase of its Poverty Reduction Strategy Paper with a view to promoting the right to an adequate standard of living (Ghana);

18. Reinforce the steps taken to reduce unemployment and raise living standards by providing more access to economic-based training and literacy courses (Malaysia);

19. Continue to promote measures in order to strengthen the educational system (Angola); take steps to address the challenge of closing the enrolment gap in primary education while at the same time addressing issues of quality of education (Indonesia); further invest in education and give special attention to the education of girls and young women (Holy See); continue to take all necessary measures to ensure that teachers are adequately trained, that girls and boys from all areas have equal access to education and that enrolment in primary and secondary education, including in rural and less developed areas, significantly increase (Germany); undertake measures to ensure the right to education to Senegalese children who cannot follow the regular curriculum (Haiti); use the upcoming visit of the Special Rapporteur on the Right to Education to set up national plans for the promotion of the right to education (Saudi Arabia);

20. Continue with its international commitment to promoting a spirit of tolerance and dialogue (Algeria); continue efforts and initiatives to promote dialogue, peace and tolerance amongst peoples (Cuba) between religions, civilizations and cultures (Algeria, Cuba); share with other countries good practices in promoting and strengthening dialogue between civilizations (Azerbaijan);

21. Foster the human rights culture within the society with a view to further promoting and protecting human rights (Iran); accept the support of OHCHR in the area of dissemination of human rights in order to support its culture and education programmes (Oman);

22. Continue efforts to implement the national legislation against the smuggling of migrants, human trafficking and the protection of victims (Philippines); make the information about the legislation available to countries facing problems of smuggling of migrants, in order to help them to develop such laws (Pakistan);

23. Develop a national comprehensive action plan for children and strengthen legal measures for the protection of minors (Mexico); take into consideration the comments made by CRC with respect to the adoption of a global strategy in order to eliminate all forms of discrimination against vulnerable groups of children (Turkey);

24. Step up efforts to implement the Convention on the Rights of the Child, particularly in the areas of juvenile justice, trafficking of children and child labour (Switzerland); as recommended by the Committee on the Rights of the Child, ensure that the law against trafficking of human

A/HRC/11/24*

GE.09-16280 19

being and sexual exploitation of children be better implemented and take better measures to protect girls engaged in domestic work from economic exploitation and sexual abuse (Luxembourg); continue efforts to effectively combat human trafficking, to protect child victims of sexual exploitation and to prevent abuse of girls as domestic servants (Germany); review policies aimed at protecting the rights of children, with a view to establishing a juvenile justice system to address violations of children’s rights, in particular, discrimination against children affected by HIV/AIDS, disabled children and those born out of wedlock (South Africa);

25. Further strengthen efforts in eliminating economic exploitation of children, including child labour, by implementing more effective measures on poverty eradication and access to education (Malaysia); strengthen efforts to eliminate child labour, in particular by addressing the root causes of child economic exploitation through poverty eradication and access to education (Republic of Korea);

26. Continue efforts and take necessary policy measures to ensure that children are protected from corporal punishment and other forms of violence or exploitation (Sweden);

27. Continue efforts and take effective measures to overcome the challenge of protecting the rights of vulnerable groups (Viet Nam);

28. Take all appropriate and necessary measures for the better and speedy realization of social, economic and cultural rights and particularly the right to development (Iran); with the assistance of the international community continue to promote economic, social and cultural rights, which make Senegal a model of democracy in Africa (Côte d’Ivoire);

29. Conduct a detailed analysis and evaluation of the extent of technical assistance and resources required from OHCHR and from other sources to enable it to carry out its efforts aimed at strengthening the promotion and protection of human rights (Egypt);

30. Continue efforts to protect fundamental freedoms and human rights and to protect citizens (Djibouti); continue with determination to promote and protect human rights in the land of Teranga, with the support of the international community (Mali).

98. The following recommendations will be examined by Senegal which will provide responses in due time. The responses of Senegal to these recommendations will be included in the outcome report adopted by the Human Rights Council at its eleventh session:

1. Ratify CPD, CPD-OP and CED as soon as possible (Haiti); complete the ratification process of the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Mexico);

2. Extend invitations to the special rapporteurs on torture and on the independence of judges and lawyers (Mexico); consider extending (Latvia) and implement (Czech Republic) a standing invitation to all special procedures (Latvia, Czech Republic);

3. Respect and protect the human rights and the fundamental freedoms of all persons without any form of discrimination (Belgium); undertake

A/HRC/11/24*

20 GE.09-16280

immediate measures to deal with the problem of discrimination, facilitate access of women to education and health and fully ensure the protection of women (Mexico);

4. Safeguard separation of powers and independence of jurisdictions (the Netherlands); enhance effectiveness of the judiciary, inter alia in terms of the length of pretrial detention (Czech Republic);

5. Contribute towards combating impunity internationally, in particular by implementing (Switzerland) as soon as possible (Ireland) the mandate bestowed on it by the African Union and to bring the former head of State of Chad, Mr. Hissène Habré to justice (Ireland, Switzerland);

6. Amend the Penal Code to decriminalizing homosexual activity (United Kingdom, Belgium, Canada) between consenting adults (United Kingdom) in line with the provisions of ICCPR, particularly articles 2 and 26 (Canada); remove the article of the Penal Code criminalizing sexual conduct, which is not in compliance with the Universal Declaration of Human Rights (the Netherlands); review national legislation which results in the discrimination, prosecution and punishment of people solely for their sexual orientation or gender identity (Slovenia); put an end to the legal prohibition of same-sex sexual acts or practices between consenting adults, release individuals arrested on the basis of this provision (Czech Republic); free all persons imprisoned on the grounds of their sexual orientation (Belgium); launch a national debate which may lead to the decriminalization of homosexuality (Ireland); adopt measures to promote tolerance towards homosexuality, which would also facilitate more effective educational programmes for HIV/AIDS prevention (Czech Republic);

7. Take specific and effective measures (Switzerland, Sweden) including legislative action (Sweden) required in order to ensure respect for freedom of expression (Switzerland, Sweden), association (Switzerland) and the press in accordance with international standards (Sweden); abrogate article 80 of Criminal Code pertaining to the infringement to the safety of State, which restricts the right to freedom of expression (France); respect its commitments concerning the freedom of expression which it undertook by ratifying the ICCPR (Canada);

8. Act on the promise made by the President in 2004 to reform the press law and to eliminate prison terms for press offences (Ireland); take forward plans (United Kingdom) to decriminalise press offences (United Kingdom, the Netherlands) as agreed by the President of the Republic in 2004 and as reported to the United Nations Special Rapporteur on the Promotion and Protection of the right to freedom of opinion and expression (United Kingdom); revise its legislation on freedom of the press in order to bring it into line with international standards (Belgium); provide training on human rights and freedom of the press to the police and armed forces in order to prevent any deterioration in this field (Holy See);

9. Ensure the effective freedom of demonstration and freedom of association (France); protect the rights of assembly and freedom of expression in the country (Slovenia);

10. Provide law enforcement and judicial officials with specific training regarding the protection of human rights of women, children and

A/HRC/11/24*

GE.09-16280 21

persons of minority sexual orientation or gender identity, and ensure proper investigation and punishment of any human rights violations committed by this personnel (Czech Republic).

99. All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and/or the State under review thereon. They should not be construed as endorsed by the Working Group as a whole.

A/HRC/11/24*

22 GE.09-16280

Annex

Composition of the delegation La délégation du Sénégal était dirigée par S.E. Maître Madické Niang, Ministre d’Etat, Garde des Sceaux, Ministre de la Justice, et composée de 19 membres:

S.E. Maître Madické Niang, Ministre d’Etat, Garde des Sceaux, Ministre de la Justice, Chef de délégation;

S.E. Monsieur Abdou Aziz Sow, Ministre de l’Information, des Télécommunications, des TICS, du NEPAD, des Relations avec les Institutions et Porte-parole du Gouvernement;

S.E. Monsieur Mankeur Ndiaye, Ambassadeur, Directeur de Cabinet du Ministre d’Etat, Ministre des Affaires étrangères;

S.E. Monsieur Abdou Salam Diallo, Ambassadeur, Conseiller diplomatique de Monsieur le Premier Ministre;

S.E. Monsieur Babacar Carlos Mbaye, Ambassadeur, Représentant permanent auprès de l’Office des Nations Unies à Genève;

S.E. Monsieur Cheikh Tidiane Thiam, Ambassadeur, Directeur des Affaires juridiques et consulaires au Ministère des Affaires étrangères; Monsieur Momar Gueye, Ministre-Conseiller à la Mission permanente du Sénégal à Genève;

Monsieur Samba Faye, Conseiller technique au Ministère de la Justice;

Monsieur Demba Kandji, Directeur des Affaires criminelles et des Grâces au Ministère de la Justice;

Monsieur Mamadou Thiandoum, Directeur de la Police Judiciaire au Ministère de l’Intérieur;

Monsieur Alioune Ndiaye, Magistrat, Coordonnateur du Comité sénégalais des Droits de l’homme;

Monsieur Abdoulaye Khouma, en service au Haut-Commissariat aux Droits de l’homme et à la Promotion de la Paix;

Madame Ndèye Soukeyna Gueye, en service au Ministère de la Famille, de la Solidarité nationale, de l’Entreprenariat féminin et de la Microfinance;

Monsieur El Hadji Ibou Boye, Deuxième Conseiller à la Mission permanente du Sénégal à Genève;

Monsieur Abdoul Wahab Haidara, Deuxième Conseiller à la Mission permanente du Sénégal à Genève;

Madame Seynabou Dial, Deuxiéme Conseiller à la Mission permanente du Sénégal à Genève;

Madame Mariame Sy, Deuxième Conseiller à la Mission permanente du Sénégal à Genève;

A/HRC/11/24*

GE.09-16280 23

Madame Nènè Coumba Toure, Deuxième Secrétaire à la Mission permanente du Sénégal à Genève;

Madame Françoise Marie Agnes Diene, Deuxième Secrétaire à la Mission permanente du Sénégal à Genève.