Friday, February 15, 2008

Human Rights in Senegal, Everywhere

Today an Email from ILGA (International Lesbian and gay Association) details the arrest and detention of 10 persons in Senegal for alleged ‘homosexual activity.”

It outlines the response from the International Federation for Human Rights.

We have been outspoken in proclaiming and defending human rights for LGBT people. For example, recently we have clearly stated the elements of the basic human right to “freedom of conscience.”

In this blog post I suggest that we compare the old sex-negative, destructive and vio;ent approach of Senegal to LGBT peple with the urgent recommendations of the International Federation for Human Rights.

Senegal
Homosexuality must no longer be a crime


The International Lesbian and Gay Association(ILGA) and its 600 affiliates take note of the release, after 3 daysof arbitrary detention, of 10 persons held in Dakar in connection withthe investigation of an alleged homosexual marriage.On 5 February , 10 persons were arrested and detained at the CriminalInvestigation Division in Dakar, Senegal. These arrests followed thepublication in a monthly magazine of a report concerninghomosexuality in Senegal, in which photos of individuals celebratingan alleged homosexual marriage were printed. The 10 individuals wereinterviewed concerning allegations of indecency and unnaturalmarriage. Others appearing in the photos, fearing reprisals, havereportedly fled the country and are sought by the Senegaleseauthorities.

Then it outlines the urgent message of the International Federation for human Human Rights addressed to the government of Senegal.

Under the Senegalese Criminal code, homosexual acts are punishable by 5 years imprisonment and to a fine of 100 000 to 1 500 000 CFA francs(between 150 and 2300 euros). In penalising private relations , the lawcontravenes provisions of the International Covenant on Civil andPolitical Rights , in force in Senegal since 1978, which provides under Article 17 (1) that “no one shall be subjected to arbitrary orunlawful interference with his privacy, family, home orcorrespondence, nor to unlawful attacks on his honour and reputation.”

In addition, these discriminatory provisions of the Criminal code arecontrary to the provisions of the African Charter on Human and Peoples' Rights that provides under Article 3 (1) that “every individual shallbe equal before the law.”

While our organisations welcome the liberation of the ten individuals who were arrested, we remain concerned for their physical and psychological integrity.

Consequently, we urge the Senegalese authorities to:

- Ensure the physical and psychological integrity of the personscharged in this affair, and more generally, firmly condemn homophobicacts that attack the physical and psychological integrity ofhomosexual individuals;
- Revise the Criminal code to abolish punishment of homosexual acts;
- Conform with the provisions of the International Covenant on Civiland Political Rights, and in particular Articles 17 (1) and 26, aswell as the provisions of the African Charter on Human and Peoples' Rights, and in particular Article 3. International Federation for Human Rights (FIDH)Rencontre africaine pour la défense des droits de l'Homme (RADDHO)Organisation nationale des droits de l'Homme (ONDH)Union interafricaine des droits de l'Homme (UIDH)Amnesty International Senegal (AI)Pan Africa ILGA - the African Region of the International Lesbian and Gay Association (ILGA)International Lesbian and Gay Association (ILGA)

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