CHAPTER 5
INFORMATION ON THE IMPLEMENTATION OF THE AFRICAN CHARTER IN SENEGAL
131. Complying with their willingness to respect their international obligations in
spite of a difficult international and national economic situation marked by the
persistence of the financial crisis, the fragile national economy, the urgency to
ensure sustainable improvement of the living conditions of the population,
which also bring in their wake new challenges such as adapting to climate
change, food security, peace and security that must inevitably be addressed
by making it their philosophy, which also becomes yours, that the African
Charter « must be interpreted as an aggregate (in the sense that) all its clauses
are mutually reinforcing34», the Senegalese authorities have formulated and
implemented policies and programmes with the aim of ensuring that
Senegalese citizens actually enjoy fundamental freedoms and rights set out in
the African Charter in their universality, their independence and indivisibility.
132. This report was prepared in accordance with relevant guidelines of the
African Commission, in particular those relating to:
The procedure for the consideration of periodic reports ;
Reports of States Parties on economic, social and cultural rights (Tunis
Guidelines) ;
Reports of States under the Protocol to the African Charter on Human
and Peoples’ Rights on the Rights of Women35;
The right to a fair trial and legal assistance in Africa36 ;
Measures for the prohibition and prevention of torture and punishments
or cruel, inhuman and degrading treatments or punishments in Africa37 ;
The freedom of expression in Africa.38
133. In fact, based on political and economic variables such as democracy, the
rule of law, the existence of institutions aspiring to be functional and effective,
accountability, integrity and good governance of public affairs, the
Government of Senegal initiated far-reaching reforms in public administration, a
major stakeholder in policy implementation in connection with the relevant
provisions of the African Charter, but the reforms are taking too long to produce
the expected results.
134. The poor enforcement of rules, difficulty experienced by citizens in gaining
access to information and public services, bureaucratic procedures, lack of
34
35
36
37
38
Cf. Communication 211/98 Legal Resources Foundation vs. Zambia, paragraph 70.
Resolution ACHPR/Res.85 (XXXVIII) 05.
Resolution ACHPR/Res.41 (XXXII) 99.
Resolution ACHPR/Res.61 (XXXII) 02
Resolution ACHPR/Res.62 (XXXII) 02
31