transparency, corruption, the use of public services and community property at
the expense of the general interest are all factors which encourage an
inefficient allocation of resources, thus, leading to poor economic and social
results.
135. In addition to this initial factor, one may add the ineffectiveness of
institutions responsible for policy and programme implementation, in particular
difficulties in communicating and coordinating the roles of the various players
such as the State, stakeholders in the decentralization process , civil society
and the private sector.
136. As it shall be seen, looking at the action of the State in implementing the
relevant provisions of the African Charter on the rights of women and the right
to health, the effective implementation of the African Charter is still dependent
on the physical and operational modernization of the structures, intelligent
linkage of the various programmes and policies, human resource development,
promotion of the participatory process in the area of government action,
simplification of administrative procedures and more importantly, promotion of
the culture of results-based management by Government, particularly
concerning respect for human rights.
137. During the period under review covered by this periodic report, the
adoption and implementation of the first Social Orientation Law39 of Senegal
relate to this strategy. In fact, its main purpose is to serve as a reference
framework of the institutional mechanism in terms of responsibility and
integration of a legal category, the inclusion of which is necessary to ensure that
Senegal complies with its international commitments. The originality of this
approach lies in the preparation process which brings on board all concerned
national stakeholders ; it also takes all aspects into account, in a coordinated
manner, (resource mobilization, supervision,etc.), protection of this vulnerable
section of the population, in particular, persons with disabilities.
138. This report, which does not cover all the rights laid down by the African
Charter, considers the implementation of a number of civil and political rights
on the one hand, and economic, social and cultural rights, on the other, in the
spirit of the African Charter which establishes that “civil and political rights
(remain) inseparable from economic, social and cultural rights in both their
conception and their universality and that the realization of economic, social
and cultural rights should guarantee the enjoyment of civil and political
40
rights. ».
139. Furthermore, all collective rights are not specifically treated for the simple
and good reason that the Senegalese authorities hope to give it a pride of
39
The Law of Social Orientation No 2010-15 of 6 July 2010 relating to the promotion and protection of persons with
disabilities.
40
Cf the 7th Recital of the Preamble of the African Charter
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