| For a summary of Senegal’s review at the second UPR cycle please click here. |
4th UPR session
Date of review: 6 February 2009
Date of report adoption: 5 October 2009
Document number: A/HRC/11/24
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SUMMARY SOGIESC issues during Senegal’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Right to privacy, marriage and family life
8. AI [Amnesty International] was concerned that individuals face arbitrary arrest, harassment and discrimination solely on the basis of their real or perceived engagement in consensual same-sex sexual acts or practices. AI called on the Government of Senegal to respect, protect, and fulfill the human rights of all persons, without discrimination of any kind, to immediately and unconditionally release all prisoners of conscience who are held solely on the basis of their actual or imputed sexual orientation or gender identity, and to end incitement to discrimination.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
28. The Netherlands […] 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.
31. 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.
35. The United Kingdom […] noted concerns regarding the prohibition of some forms of sexual activity between consenting adults and recommended that Senegal’s Criminal Code be amended to decriminalize homosexual activity between consenting adults.
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.
40. Slovenia […] expressed concern over working children and over arbitrary arrests, harassment and discrimination on 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.
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.
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.
79. 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.
83. The Czech Republic […] 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.
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 issue that would require time and careful consideration because of the specific social factors involved.
V. Conclusions and/or recommendations
Senegal noted the following recommendations:
98. 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).
VI. Further information
You will find all documents relating to Senegal’s first review at UPR-Info and OHCHR’s websites.