The FIDH and its member organizations and partners in Senegal, RADDHO, ONDH and LSDH, strongly condemn the systematic repression of all peaceful demonstration in central Dakar and dozens of and arrests of opposition demonstrators since the last 72 hours.
Our organizations urge Senegalese authorities to immediately stop the ongoing repression, to release those arbitrarily arrested and comply with Senegalese legislation authorizing the conduct of peaceful demonstrations.
For nearly three days, all the events in downtown Dakar are systematically dispersed by force and dozens of demonstrators were arrested. Wednesday, February 15, the manifestation of citizens' movement M23 was been roughly dispersed. On 16 February, it was the turn of the collective 'Y En a Marre' to undergo a particularly ferocious repression: dispersion by violence, arrest of twenty members including several of their leaders and their mistreatment of detainees. On 16 and 17 February, it was the presidential candidates and their supporters who were the target of this repression. Cheikh Bamba Dieye, candidate of the Front for Socialism and Democracy / Benno Jubel (FSD / BJ) was arrested during few hours on Feb. 17 when he demonstrated to the Obelisk Place, as Ibrahima Sene, head of the Party independence and Work (PIT). Idrissa Seck, Rewmi party candidate ("the State"), was also under fire tear gas canister while the manifestation of Ibrahima Fall, independent candidate, was banned by the prefect of Dakar despite the authorization and instructions of the National Autonomous Electoral Commission (CENA) sized by the candidate.
"The Senegalese authorities can not go against the Senegalese law" said Ms Souhayr Belhassen, FIDH President. "We need the authorities come to their senses and allow the public and political expression of opponents and citizens under penalty of being treated as an authoritarian regime gagging democracy" she added.
Indeed, the government justifies the repression of demonstrations by an order issued by the prefect of Dakar in July 2011 banning all public demonstrations since then in the center of the capital. Besides the fact that withholding the public and individual freedoms contrary to constitutional provisions, this ban is clearly illegal under Article 61 of The Election Code which provides that "all candidates and all voters can freely organize meetings and demonstrations on throughout the territory under the conditions prescribed by law" i.e a statement 24 hours prior to the administrative authority. These conditions have been met by all organizations who want demonstrate these days. The Supreme Court of Senegal itself had already considered in a decision dated October 13, 2011 that the ban of a similar Radhho's demonstration in December 2010 by order of the prefect of Dakar was an "abuse of power" and constituted an "attack on freedom of assembly."
The situation deteriorated further yesterday when a tear gas canister was thrown into the great mosque El Hadji Malick Sy Plateau neighborhood, near downtown, to the anger of hundreds of faithful and recalling the attack on the cathedral of Dakar the past year. More worryingly a reporter of Agence France Press (AFP) saw during the incident, a policeman out his gun and open fire. He then retrieved a 9 mm bullett and an other unfired bullet. This raising fears of escalating repression and use of means contrary to United Nations principles on the use of force.
"On the eve of a such important deadline for Senegal, the highest authorities must demonstrate accountability and healing, allowing democracy to speak freely as required by law" said Me Sidiki KABA, President honor of the FIDH.
Similarly, it was reported civilians men armed with shotguns riding on unmarked 4X4 purchasing demonstrators. Reportedly, some had their faces covered with a black hood, as could also confirm the correspondents of AFP and Reuters on site.
Also a policeman wounded in the head, the violence of the day on Friday were a dozen wounded, including two Western journalists. The balance of the repression of demonstrations and popular protest since the end of January is 5 dead, including one policeman, injuring dozens and dozens of arrests.
Our organizations are also concerned about the fate of many protesters arrested for having defied the ban on demonstrations. In addition to the abuse found during their arrest, it is feared they are currently tortured as is often the case during detention in police stations and gendarmerie brigades.
The last presidential term of Wade marked by regression in human rights
Approaching the first round of presidential elections scheduled for 26 February 2012, our organizations take a grim picture of the five year period ending in terms of respect for human rights. Among the many violations of civil and political rights, economic, social and cultural documented by our organizations, the presidential election is an opportunity to take stock of too many violations of democratic principles, civil liberties and judicial independence in Senegal in recent years.
One of the most flagrant violations of these principles was the failed attempt by the Head of State to amend the constitution to his advantage to change the rules of the presidential election less than a year before the elections to finally give up face to popular protest June 23, 2011. "The tampering of the Fundamental Law would seriously attempt to the principles of democratic change. The approach of President Wade, although stopped, showed his lack of commitment to democratic principles in contradiction with the African Charter on Democracy, Elections and Governance which binds Senegal "said Ms Souhayr Belhassen, president of the FIDH.
Civil liberties were also affected by restrictions. Demonstrations were illegally banned - like the one willing to hold Raddho in December 2010 and again last February 15, 2012 - and sometimes repressed - such as the M23's one in June 23, 2011 and that of the Y en a marre movement on February 16, 2012 - by a disproportionate use of force by security forces, arbitrary arrests and mistreatment.
"Violence against the M23 and Y en a Marre demonstrators by thugs of the regime and supporters of the ruling party have never been subject to investigation" said Me Dioma Assane Ndiaye, President of LSDH. "To the inverse, the investigation on the assault against Alioune Tine, on June 23, 2011, stalled when all the evidence of the involvement of government thugs are in the hands of the Senegalese justice" added his lawyer, Me Dioma Assane Ndiaye.
Our organizations have also condemned the repeated attacks against human rights defenders by the authorities: public statements from government officials assimilating human rights defenders to political opponents, attacks on freedom of expression of representatives of civil society ; arbitrary arrests, like the one of the President of the RADDHO, Alioune Tine, in January 2012 finally released without charge after 48 hours of detention in harsh conditions and without access to his lawyer; expulsion of the Secretary General of the FIDH; and customs confiscation copies of the Annual Report of the Observatory for the Protection of Human Rights (FIDH/OMCT).
"These repeated violations of the UN Declaration on Human Rights Defenders converge on the expression of an authoritarian power that rejects any criticism of its governance" lamented Me Sidiki Kaba, Honorary President of FIDH.
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The practice of torture remains unfortunately still topical in Senegal, the LSDH has documented numerous cases of torture by state agents and grabbed the Committee against Torture UN. In recent years about thirty cases have been recorded and at least ten of which have died of mistreatment in detention estimated LSDH.
The independence of the judiciary was also challenged in the Hissene Habré Case, former president of Chad, exiled in Senegal, allegedly responsible for grave and massive violations of human rights in his country. While our organizations had welcomed the adoption of a legal framework conducive to the opening of a trial and that financial support from the international community had been granted for this purpose, the trial of Habré is still not on the headlines. Violating the international obligation to prosecute or extradite Habré, Wade attempted to expel him in July 2011 to Chad and later retracted at the last moment before the opposition of the UN and human rights organizations. Under the pretext of a procedural defect, the Indictment Division of the Court of Appeal of Dakar forced Belgium - a country where proceedings are initiated against Habré - to formulate a fourth extradition request. "These delaying tactics are unacceptable in a Rule of State. Victims of Habré regime have been waiting more than 20 years for justice"said Alassane Seck, Vice President of RADDHO.
Faced with this unflattering assessment, our organizations call on the future Senegalese authorities to stop these violations and strictly respect the commitments of Senegal for the protection of human rights.
International Federation for Human Rights (FIDH)
Rencontre africaine de défense des droits de l'Homme (RADDHO)
Organisation nationale des droits de l'Homme (ONDH)
Ligue sénégalaise des droits de l'Homme (LSDH)
