The Committee on Migrant Workers today concluded its consideration of the fourth periodic report of Senegal, with Committee Experts commending collaboration between Spain and Senegal to dismantle trafficking networks, and asking about support for migrants who had been returned to Senegal and the impact of fishery agreements on coastal migration.
Mohammed Charef, Committee Expert and Country Rapporteur, welcomed the close collaboration between the Ministries of Interior of Spain and Senegal to dismantle trafficking networks. How many networks had been dismantled and how many attempts to smuggle persons had been thwarted thus far?
Mr. Charef noted that around 12,000 Senegalese were found in the Canary Islands last year. What had the State party done to support those who had been deported? Were there programmes that helped returned migrants, who were often indebted, to become financially independent? Was the State party supporting transport across the State for returned migrants?
Another Committee Expert asked if assessments had been conducted on bilateral fishery agreements with China and other States? What impact had these agreements had on fishery workers? Did they lead to a loss of employment in the fisheries sector and an increase in migration away from coastal areas?
Coly Seck, Permanent Representative of Senegal to the United Nations Office at Geneva and head of the delegation, in opening remarks, expressed Senegal's support for Fatimata Diallo, the Senegalese national elected as the Chair of the Committee.
Mr. Seck said that in 2023, Senegal released its revised national migration policy. This policy aimed to effectively address issues relating to the rights of migrant workers and their family members. It incorporated a national strategy for the management of labour migration; promoted social security agreements with destination countries to promote the portability of migrant workers' social rights; and promoted the integration of migrants into social protection programmes.
On cooperation with Spain, the delegation said the Spanish Civil Guard monitored Senegalese coastlines. If the Spanish Civil Guard identified victims of trafficking, the Senegalese authorities intervened to provide support. Unaccompanied minors who reached the Canary Islands were provided with protection by the Spanish authorities and were not subjected to refoulement.
The delegation said there was a support mechanism provided by the International Organization for Migration for Senegalese migrants who returned to the country, helping them to find work and reintegrate into the community. The Government had set up reception centres in all 14 regions of the State, which supported migrants' socio-economic integration. Seventy-five euros were provided to returned migrants to support their travel to loved ones within Senegal.
Various partners were involved in fishery agreements with Senegal, the delegation said. There appeared to be a link between fishery resources and migration; many fishers who could not make a living chose to move. The State party was working to ensure that fishery agreements did not threaten the environment or the livelihoods of fishery communities.
In concluding remarks, Mr. Charef said that the exchange with Senegal was of a high quality. He expressed hope that it would feed into positive action. The Committee welcomed what the State party had accomplished in promoting the rights of migrants. Mr. Charef encouraged the State party to continue to strengthen these rights and encourage States who were reluctant to ratify the Convention to do so.
Mr. Seck, in concluding remarks, thanked the Committee for the intensive and constructive dialogue. All the suggestions made by the Committee would be considered by Senegal. Senegal would continue to urge all States to ratify the Convention and protect the rights of migrant workers.
Pablo Ceriani Cernadas, Committee Vice-Chair, thanked the Committee and the delegation for the constructive dialogue, which had allowed the Committee to understand the situation of migrant workers on Senegalese soil and Senegalese nationals overseas. Mr. Ceriani Cernadas urged the State party to implement all the Committee's recommendations and to continue to promote the rights of migrant workers.
The delegation of Senegal was made up of representatives of the Ministry of Justice; Directorate of Labour Relations, Social Dialogue and Relations with institutions; Ministry of African Integration and Foreign Affairs; Office of the Secretary of State for Senegalese Abroad; and the Permanent Mission of Senegal to the United Nations Office at Geneva.
The Committee on Migrant Workers' thirty-eighth session is being held from 3 to 14 June. All the documents relating to the Committee's work, including reports submitted by States parties, can be found on the session's webpage. Meeting summary releases can be found here. The webcast of the Committee's public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. on Wednesday, 5 May to consider the initial report of the Republic of the Congo (CMW/C/COG/1).
Report
The Committee has before it the fourth periodic report of Senegal (CMW/C/SEN/4).
Presentation of the Report
COLY SECK, Permanent Representative of Senegal to the United Nations Office at Geneva and head of the delegation, expressed Senegal's support for Fatimata Diallo, the Senegalese national elected as the Chair of the Committee.
Mr. Seck said the report was carried out following a participatory process involving civil society and the Senegalese Human Rights Committee, which were part of the National Consultative Council on Human Rights and International Law, the national mechanism for drafting reports and following up the recommendations of international human rights bodies. This mechanism, which was also composed of the National Assembly and the National Agency for Demography and Statistics, worked in consultation with the judiciary and other specialised institutions.
Senegal had a long tradition of social protection that dated back to the period of colonisation. In 1956, the Social Security Fund was created, which supported workers' household allowances, and provided prenatal allowances, daily maternity allowances for employed women, and family allowances. Decree no. 75-455 of 24 April 1975 made affiliation to the social insurance scheme compulsory for all employers and workers.
Senegal had ratified the main international legal instruments guaranteeing the protection of the rights of all workers, including migrants and members of their families, and was striving through domestic measures to implement them. The report presented legislative efforts to protect these rights, including the revision in 2022 of the Labour Code relating to non-discrimination at work, and decree 2021-1469 of 2021 on work for pregnant women and the protection and accommodations granted to breastfeeding women.
In 2023, the State released its revised national migration policy, prepared in an inclusive and participatory manner with all actors. This policy aimed to effectively address issues relating to the rights of migrant workers and their family members. It incorporated a national strategy for the management of labour migration; promoted social security agreements with destination countries to promote the portability of migrant workers' social rights; included measures to raise awareness among the public and train stakeholders on the right of access to the civil status of migrants; and promoted the integration of migrants into social protection programmes.
The rights of refugees and stateless persons were promoted by law 2022-01 of 2022 on the status of refugees and stateless persons. Through this law, the State introduced major innovations, such as the establishment of an administrative body responsible for ensuring the efficient legal and administrative protection of refugees and stateless persons. The law recognised the right of appeal against decisions taken on the granting of refugee and stateless status and enshrined the right to family reunification.
National institutions for the protection and promotion of human rights had also been strengthened. The State had in 2023 almost doubled the budget for the National Observer of Places of Deprivation of Liberty, the national mechanism for the prevention of torture and other cruel, inhuman or degrading treatment or punishment, in order to strengthen its efficiency and independence. The 2019 law on the institution was also being revised to further strengthen the independence of the mechanism.
A draft decree initiated by the Ministry of Justice to improve Senegalese criminal legislation in the fight against trafficking in persons, smuggling of migrants and the exploitation of begging of others had been signed by the State. This reform also aimed to set up a body dedicated to the protection of victims and witnesses, and a fund that would be specially reserved for them.
Senegal had embarked on a major reform process of the Senegalese Human Rights Committee, aimed at enabling it to comply with the Paris Principles. A draft law on the reform of the institution had been adopted by the Council of Ministers on 6 December 2023. The Government had initiated cross-cutting actions to strengthen social protection and improve access to basic social services in rural and urban areas.
Senegal would always work to achieve a society without discrimination, where men and women, regardless of their belief, origin, social situation or race, had the same opportunities to participate in development and to enjoy the benefits of development and their rights.
Questions by Committee Experts
MOHAMMED CHAREF, Committee Expert and Country Rapporteur, said Senegal had undergone regional migration movements that had worsened over time. Senegal was a starting point on routes to Europe, the Americas and other destinations, and was also an attractive hub for migrants moving within Africa. Senegal had been a chief proponent of the Global Compact for Migration. It served as a model for other countries in this regard. Further, it was a member of the Nansen Initiative. It was a member of the Economic Community of West African States and was well-known in the region for supporting the free movement of people. Senegal had a dynamic civil society that defended migrants' rights.
The Senegalese Human Rights Committee had lost its "A" status under the Paris Principles. What was being done to provide this Committee with more resources and to appoint more members to it? There was a dearth of data on Senegal, although there was an Economic Community of West African States data research facility in Senegal. What could the State do to strengthen data collection on migration?
Senegalese people could be found across the world, but the State's diplomatic and consulate network reportedly had a lack of experts supporting migrants' rights. What would the State party do to support its diaspora?
KHALED CHEIKHNA BABACAR, Committee Expert and Country Rapporteur, said Senegal was a country of origin, transit and destination for migrants. Significant progress had been made in defending the rights of migrant workers, but more remained to be done. The State party had acceded to several International Labour Organization Conventions, made an agreement with Spain concerning its diaspora, and developed a noteworthy law on statelessness. These were positive steps. However, the State had yet to ratify certain International Labour Organization Conventions, including Convention 193 on violence and harassment in the workplace. When would these be ratified? Would the State party comprehensively overhaul its Labour Code to promote migrant workers' rights?
There were challenges for Senegalese workers in obtaining visas to enjoy regular migration overseas. Despite agreements with various European countries, the issue of regularisation needed to continue to be addressed by the State party. Appeals regarding asylum decisions needed to be submitted to the President's Office directly. Were there plans to make the appeals process easier?
Another Committee Expert said Senegal was well-known in the West African region as being closely connected to migratory issues. The Expert welcomed efforts made by the State party to provide helpful statistics on migration in the report. The report presented data on migratory movements to and from Senegal in the last five years. Senegal had signed bilateral migration agreements with Spain and Qatar, but negotiations with Italy, Saudi Arabia and the United Arab Emirates had not borne fruit. Why were negotiations with Spain and Qatar successful?
Irregular migration led to numerous victims in Senegal annually. The State was responsible for protecting the rights of irregular migrants. What measures were in place to prevent violations of the rights of irregular migrants? What were the goals of the national strategy to combat irregular migration, and how did the State party plan to implement the strategy? Were there programmes that addressed psychological support for family members of people who lost their lives on migratory routes?
There had recently been a State-sponsored study into female migrants; what had the results of this study been, and how were its recommendations being implemented? How was the State party addressing the needs of female migrant workers? How was the database on trafficking incidents managed and who had access to the data? How had Senegal benefited from advice from the African Migratory Commission?
One Committee Expert said the report had been prepared in a collaborative process with various ministries and human rights institutions. Senegal had a strong tradition on citizens' participation in these processes. How had civil society contributed to the drafting of the report? Were universities involved?
Birth registration allowed for children to access key State services. What percentage of children of migrant workers were registered? Several factors, including living in remote areas and the costs associated with the process, hampered migrants' access to birth registration. How was the State party working to improve the birth registration system?
A Committee Expert said the Committee had been welcomed by Senegal when carrying out regional consultations on its general comment six. The Committee's previous concluding observations had noted that there was still a tendency to penalise irregular migration in Senegal. Was the State party continuing to penalise irregular migration? How long were irregular migrants detained for and in what contexts? The concluding observations also highlighted a lack of access to urgent medical care to preserve their lives. Did migrant workers now have access to urgent healthcare? Was the support fund for migrant workers easy to access? Could the State party provide updated statistics on returns of migrant workers? How was the State promoting the integration of migrant workers into the community?
The 2005 law on trafficking appeared to be insufficient. Trafficking of children in street situations appeared to be a significant problem. How was Senegal combatting this scourge? People were reportedly being unofficially forced to pay a fee of around 600 euros to get an appointment to request overseas work permits. Was the State working to address this practice?
How was the Convention applied in domestic courts? References to the Convention in domestic courts reflected how well it was being implemented in the State party. Why was the State party maintaining its reservation to the provisions of the Convention that allowed the Committee to receive individual communications?
Another Committee Expert asked for more details regarding the bilateral agreement with Spain. The Spanish Civil Guard was present in various areas of Senegal, undertaking operations to intercept persons moving towards the Canary Islands through Senegal. How did the agreement with Spain protect against refoulement and protect the rights of minor migrants?
Had assessments been conducted on bilateral fishery agreements with China and other States? What impact had these agreements had on fishery workers? Did they lead to a loss of employment in the fisheries sector and an increase in migration away from coastal areas?
What measures were in place to identify family members of persons who had passed away on route to the Canary Islands? What support was provided to family associations for victims of trafficking? What measures were in place to provide consular assistance to Senegalese unaccompanied minors abroad? How was the State party helping Senegalese persons in countries that did not have a consular presence?
Responses by the Delegation
The delegation said that in 2023, Senegal adopted a bill on strengthening the Senegalese Human Rights Committee. Senegal was providing the headquarters for the institution and sufficient resources for its staff. Civil society was actively contributing to the National Consultative Council on Human Rights and International Law that prepared reports for international human rights bodies. Around a dozen civil society organizations had seats on the Council.
Senegal had signed agreements on migration with Spain and Qatar. Negotiations were currently underway on similar agreements with France, Belgium and Brazil. Authorities in Saudi Arabia had agreed to set up a consultative council for negotiating an agreement on migration with Senegal.
Senegal had developed a decree on the rights of domestic workers, and it planned to revise this decree to incorporate International Labour Organization Convention 189. The State party had set up a tripartite committee to consider the ratification of International Labour Organization Convention 190. The reform of the Labour Code that was currently underway was comprehensive. A multi-agency committee had been set up to draft the reformed text; the reform process was nearing completion. Reforms would address, among other issues, telework, better recruitment processes for foreign workers, strengthening of labour inspections and temporary workers' rights, protections against harassment of workers, protections for children, and the regularisation of collective bargaining. The State party had requested technical assistance from the International Labour Organization regarding this process.
An information system on human trafficking had been launched in five regions of the State. Insufficient personnel in prosecution offices and insufficient training on the system had limited the use of the system by officials. The State party was working to address these issues.
Concerning human trafficking, a draft bill amending the Code of Criminal Procedure included protections for victims, witnesses, minors and family members of victims. These included access to safe housing, repatriation to countries of origin, and identity changes. When victims were minors, an ad-hoc legal representative could be appointed by the State to defend them. Victims of trafficking were not prosecuted.
Senegal had a national strategy promoting civil registration. The State party was working to make the process paperless. There was a civil registry office in each capital city. Children whose nationality could not be determined had access to a statelessness process, though which they could access Senegalese nationality.
A law on modern daaras had been implemented in 2021. Around 1,000 Koranic teachers had been appointed to teach in modern daaras and State funding had been provided for the daaras. Legislation had been reformed to address child begging.
Cooperation with Spain allowed the Spanish Civil Guard to monitor Senegalese coastlines. If the Spanish Civil Guard identified victims of trafficking, the Senegalese authorities intervened to provide support. A procedure was triggered when unaccompanied minors were identified to search for their parents and provide them with protection. Family reunification was available for unaccompanied minors. Unaccompanied minors who reached the Canary Islands were provided with protection by the Spanish authorities and were not subjected to refoulement.
The diplomatic network of Senegal was made up of permanent missions, embassies and consulate offices. In countries where there was no diplomatic representation, consulate posts in nearby countries provided support. A fund had been established for Senegalese who had settled abroad. This year, the fund would provide finances for around 100 projects abroad. There was a support mechanism provided by the International Organization for Migration for Senegalese migrants who returned to the country, helping them to find work and reintegrate into the community. There were also various State services in place to support the reintegration of migrants.
Senegal was working within the framework of the Global Compact on Migration to ensure that migration was regulated and humanised. Senegal had taken due note of the Committee's observations regarding the State's reservations to the Convention and would consider the possibility of lifting those reservations.
Various partners were involved in fishery agreements with Senegal. There appeared to be a link between fishery resources and migration; many fishers who could not make a living chose to move. The State party was working to ensure that fishery agreements did not threaten the environment or the livelihoods of fishery communities.
Questions by Committee Experts
KHALED CHEIKHNA BABACAR, Committee Expert and Country Rapporteur, said Senegal was party to International Labour Organization Convention 87 on freedom of trade unions. This Convention provided for the possibility of migrant workers to establish or belong to trade unions. However, Senegalese law restricted foreign migrant workers' access to posts on trade unions. Would the State party lift this restriction?
Had Senegal conducted awareness raising campaigns and training for public officials and armed forces personnel on the protection of migrants? What was the make-up of the labour inspectorate? Did it cover the entire country and was it independent?
MOHAMMED CHAREF, Committee Expert and Country Rapporteur, said there was close collaboration between the Ministries of Interior of Spain and Senegal to dismantle trafficking networks. This was welcome. How many networks had been dismantled and how many attempts to smuggle persons had been thwarted thus far? Around 12,000 Senegalese were found in the Canary Islands last year. What had the State party done to support those who had been deported? How was the State party cooperating with civil society organizations supporting deportees on the ground? Were there programmes that helped returned migrants, who were often indebted, to become financially independent? Was the State party supporting transport across the State for returned migrants?
The State party had ratified International Labour Organization Conventions 138 and 192 on child labour. It aimed to eliminate child labour by 2025. How was the State party working to eliminate child labour in the agricultural and mining sectors and to prevent forced begging, which was prevalent?
The basic rights of domestic workers were often violated by employers and international employment agencies. Did the State party have reliable statistics on the phenomenon? What measures would the State party take to overcome gaps in legislation on domestic work and address the vulnerability of domestic workers? How was the State party supporting migrants to participate in the development of the State?
Another Committee Expert asked whether the Senegalese Human Rights Committee had received "A" status under the Paris Principles. More African people migrated within Africa than to Europe. How was Senegal working to develop a safe migration system for the African continent?
One Committee Expert asked about Senegal's plans to establish a national policy on migration issues and address gender equality issues. Did the State party plan to establish institutions to promote gender equality and the participation of women in all spheres of life? What measures were in place to prevent gender-based violence and protect the rights of lesbian, gay, bisexual, transgender and intersex people?
Could the delegation provide more information on mechanisms to prevent child begging? Did these mechanisms aid children and address the causes of child begging?
Could the delegation provide data on remittances from third countries to Senegal? Were there any problems faced by the State party related to remittances? Was the State party working to establish bilateral agreements and diplomatic presences in all countries that hosted large populations of Senegalese nationals?
