243. Under responses and recommendations of 2003, developments have
already shown efforts made by Senegal as far as freedom of expression in the
media is concerned. We are only adding a number of legislative clarifications.
244. The Senegalese Constitution, in Article 8, recognizes fundamental personal
freedoms which essentially include freedom of opinion and expression.
245. Article 10 clarifies the content and the scope of the freedom of opinion
since it establishes that « each person has the right to express and disseminate
his opinions through speech, writing, pictures, peaceful march on condition that
the exercise of this right does not impair the honor and dignity of others nor
breach public order. »
246. This principle is supplemented by the provisions of Article 11 which states
that « the establishment of a media outlet for political, economic, cultural,
sporting, social, recreational or scientific information shall be free and shall not
be subject to prior authorization. »
247. These provisions make the freedom of the press a Constitutional freedom
and the freedom of expression a condition and a guarantee for the existence
of democracy in Senegal. These freedoms are so fundamental that their
existence is one of the essential guarantees of the respect for other rights and
freedoms and for national sovereignty.
248. This is the reason why the Senegalese government quickly began
organizing the modalities for exercising them and creating the necessary
conditions for exercising them fully. Thus, the Government of Senegal, in close
collaboration with media professionals, developed a regulation on social
communication outlets, professional journalists and communication technicians
particularly through Law 1996-04 of 22 February 1996.
B. IMPLEMENTATION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS
249. It is of paramount importance in a country such as Senegal where 46.7% of
the population lives below the poverty line84. This explains why the Constitution
devotes six (6) provisions85 under Title II86 to them, and respect for them
constitutes « the foundation of Senegalese society87 ». In the current Senegalese
situation, implementing economic, social and cultural rights amounts to
prioritizing the provision of care for the most deprived and/or vulnerable
sections of the population and making them the pillars of the poverty alleviation
strategy in the country.
84
Cf. National Statistical and Demographic Agency, Economic and Social Situation of Senegal in 2011, page 156.
85
Article 8 has been devoted to economic, social and collective rights, Articles 17, 19 and 20 to Family matters,
Articles 21 to 23 to education, Articles 24 and 25 to cultural rights and Article 25 to the right to work.
86
« Public and personal freedoms, economic and social rights as well as collective rights »
87
See the 7th Recital of the Preamble of the Constitution.
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