保护移徙工人权利委员会审议塞内加尔的报告（部分翻译）

移徙工人权利委员会

2016年4月14日

保护所有移徙工人及其家庭成员权利委员会今日上午结束审议塞内加尔关于其落实《保护所有移徙工人及其家庭成员权利国际公约》条款的第二和第三次合并定期报告。
 
塞内加尔常驻联合国日内瓦办事处代表马梅•巴巴•西塞（Mame Baba Cisse）在呈交报告时表示，塞内加尔采取的关键改革之一是为实现全民医保而加强强制医疗保险。建立一个简化的制度以确保非正规部门工作者享有社会保障已成为政府的优先事项。塞内加尔已在国民大会内组织了一次有塞内加尔海外代表参与的公民投票。政府继续对乞讨儿童状况表示关注，并为解决这一问题通过了一项关于儿童保护的国家战略。政府为提高拘留条件采取了一些措施，包括增加被拘留者的日薪、增加有条件释放的使用、翻修拘留设施以及新建一座能够容纳1500名被拘留者的监狱。
 
在讨论期间，专家们对儿童的状况提出了担忧，包括就读于可兰经学校并被迫乞讨的儿童，以及儿童无法获得出生证明的问题。专家们表示塞内加尔移徙者的人数众多，并针对政府在支持他们和鼓励其在塞内加尔安置方面做出的努力提出了一系列问题。委员会成员对于寻求抵达欧洲或拉丁美洲的塞内加尔移徙者面临的风险深表担忧，并询问了为打击走私和剥削而采取的措施。专家们对政府缺乏收集关于塞内加尔境内或来自塞内加尔的移徙工人的统计数据和信息表示遗憾。其他提出的问题包括拘留非正规移徙者、居留条件以及塞内加尔批准其他国际人权文书。
 
委员会成员兼塞内加尔国家共同报告员法图玛塔•阿卜杜哈马纳•迪科（Fatoumata Abdourhamane Dicko）在总结发言中表示，塞内加尔是真正承诺促进和保护人权的非洲国家之一。她希望塞内加尔能够传播委员会发布的结论性意见。
 
委员会成员兼塞内加尔国家共同报告员阿卜迪哈米德•阿里-加姆里（Abdelhamid El Jamri）欢迎塞内加尔在国际论坛中维护了正规移徙的机会。他鼓励塞内加尔继续努力维护《公约》并促进其他国家批准《公约》 。 他强调，《公约》必须被纳入法官和律师入职培训的内容。
 
西塞先生在总结发言中向委员会成员对塞内加尔的支持表示欢迎。主管当局将仔细学习专家们的发言。民间社会和其他利益攸关方，尤其是移徙者协会，将紧密地参与此次学习。
 
塞内加尔代表团包括外交部、司法部、妇女、家庭和儿童部、劳动、社会对话、工会与机构关系部以及塞内加尔常驻联合国日内瓦办事处代表团的代表们。
 
委员会将于今天下午3点举行下一次会议，审议土耳其的首份报告（CMW/C/TUR/1）。

报告

塞内加尔的第二和第三次合并定期报告可在此查看：CMW/C/SEN/2-3。

Presentation of the Report

MAME BABA CISSE, Permanent Representative of Senegal to the United Nations Office at Geneva, presenting the report, said that Senegal had consulted with civil society organizations for the elaboration its periodic report with a view to reflect as much as possible the human rights situation on the ground. Senegal had acceded to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families in 1999, and was committed to implement its obligations under it. One of the key reforms undertaken was the strengthening of a mandatory health insurance with a view to reach universal coverage. The establishment of a simplified regime to ensure social security for those working in the informal sector had been added to the Government’s priorities. In 2014, the Government had adopted a decree prohibiting discrimination and stigmatization on the ground of HIV/AIDS in the workplace. The Government was also elaborating a law creating a National Observatory for Discrimination in the Workplace.

Senegal had a long democratic tradition, and had just organized a referendum integrating a representation of Senegalese abroad within the National Assembly. With regard to health, the Government had established universal social security coverage both for nationals and immigrants. A Social Orientation Law had established a national programme for persons with disabilities, also benefiting migrant workers and their families. The Government continued to be concerned about the situation of begging children, and had adopted a National Strategy for Child Protection to address this issue. The State had taken measures to end the exploitation of these children and for their rehabilitation. The Draft Children’s Code was inspired by international and regional instruments relating to the rights of the child, and would create an Ombudsman for children. Measures had also been taken to improve detention conditions, including an increase of the daily wage for detainees, an increase of the use of conditional liberation, renovations of facilities and the construction of a new prison able to receive 1,500 detainees.

Questions by the Experts

FATOUMATA ABDOURHAMANE DICKO, Member of the Committee and Country Rapporteur for Senegal, said that the Committee would look into not only legislation adopted by Senegal, but also into the concrete situation on the ground and in courts. Senegal, she noted, had acceded to a large number of international human rights instruments, and was hosting offices of the Office of the High Commissioner for Human Rights and the International Labour Organization, meaning that human rights were better promoted and protected in Senegal than in other countries of the region. On the institutional front, Senegal, like its neighbours, had received assistance from the International Labour Office to establish a framework for consultations on migration issues, she noted, asking for information with regards to this framework. The Country Rapporteur then noted the lack of statistics in Senegal’s periodic report, and asked how Senegal collected data on migrants in the labour market.

Ms. Dicko welcomed legislation adopted to combat discrimination at the workplace, and asked how ILO Convention 111 concerning Discrimination in Respect of Employment and Occupation was being implemented on the ground. Did international treaties have direct effect into domestic law? Continuing, she asked what Senegal had done to ensure that the Convention was disseminated. Was the text of the Convention translated into Wolof, Pulaar and other languages spoken by migrants in Senegal? She asked whether measures had been taken to facilitate and encourage foreign nationals to invest in Senegal? Were there measures encouraging their reintegration? With regards to unaccompanied children in Senegal, she asked what concrete measures had been taken to combat child labour and begging by children. This practice of begging was exploitation and had to be combatted, she insisted, noting that Senegal had ratified ILO Convention 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.

Turning to the first round of questions, an Expert noted that 73.5 per cent of Senegalese emigrants left the country for financial reasons. At the same time, Senegal was hosting around 244,000 foreigners, the Expert noted, asking what job opportunities were available to them.

Experts raised concerns about the situation of children, including those enrolled in Koranic schools and forced into begging. They asked how the Government’s strategic plan helped these children and ensured their access to education, whether they were nationals or foreigners.

An Expert asked whether Senegal’s consular services were available to offer support to Senegalese migrants abroad. There seemed to be an extensive network of human smugglers bringing people from Senegal to third countries, including El Salvador or Brazil, an Expert said. How could this sort of trafficking in persons be combatted? Another Expert noted with concern that Senegalese migrants hoping to reach Europe through Libya and the Mediterranean faced considerable risks, and that many of them died during the journey. What was the Government doing to address this problem? What was being done to combat trafficking? An Expert asked whether cooperation agreements, including scientific agreements, had been concluded between Senegal and countries of transit and destination, for the forensic identification and repatriation of bodies.

With regards to adhesion to international human rights instruments, an Expert regretted that Senegal had not ratified Optional Protocols to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and to the Convention on the Rights of the Child.

Replies by the Delegation

Senegal had launched projects to encourage Senegalese emigrants to come back and be involved in agriculture. Latin America was increasingly becoming a destination for Senegalese people, a delegate said, noting that most of these migratory flows were organized by drug-trafficking networks. The coasts of Senegal were constantly monitored, meaning that few migrants left or arrived in the country that way. Consular assistance was provided in Brazil and Argentina, which were the countries that Senegalese were going to. Ecuador was only a transit country for Senegalese citizens. Senegal used to have an embassy in Tripoli, but it had been closed due to the deteriorating security situation in Libya.

Both private and public recruitment agencies could send Senegalese workers abroad. Private entities were under the oversight of the Government, and the Government would certainly act in case of inappropriate action by these bodies. In the absence of an agreement with a destination country for the placement of Senegalese migrant workers, private agencies would make arrangements. Measures had been taken to monitor the activities of these agencies, and ensure that they were in compliance with the provisions of the Convention.

A platform had been set up, bringing together the State’s representatives and representatives of civil society organizations dealing with migration. The Economic Community of West African States (ECOWAS) had been working closely with Spain in managing migratory flows, drawing on the work of this platform. The process of drafting the State party’s report had involved several ministries as well as civil society organizations.

There was no discrimination among children, regardless of their countries of origin, regarding access to education. In some parts of the country, children from other countries sometimes outnumbered children from Senegal in schools. The Ministry of Justice had a department for education in social protection, with protection centres where training workshops were held for young people.

Questions by the Experts

Starting a new round of questions, FATOUMATA ABDOURHAMANE DICKO, Member of the Committee and Country Rapporteur for Senegal, noted that Senegal was a monist country and asked whether the Convention had been invoked directly before courts. She expressed concerns about birth certificates being difficult to obtain in Senegal. She underlined the importance of disseminating the Convention towards law enforcement personnel and Senegalese emigrants, even if their host country had not ratified it. She asked whether people could be imprisoned for the sole reason of being irregular migrants, and whether Senegal was abiding by its non-refoulement obligations.

Replies by the Delegation

If an irregular migrant returned after his or her deportation, there had to be some kind of penalty, including imprisonment. Senegal had never deported irregular migrants to countries where they faced abuses. Irregular migrants could choose which country they wanted to be deported to.

Problems with the issuance of birth certificates did not affect migrants alone, a delegate said.

With regard to the situation of children, a delegate said that a number of Ministries were involved in the implementation of the Convention on the Rights of the Child in a coordinated manner. A directorate was in charge of collecting statistics on the situation of children, child marriage and child labour. There was also a unit for child protection set up by the Government, and efforts had been made to raise awareness on the needs of children and their access to education. The question of Koranic education and child begging was directly addressed by the Government, which sought to modernize Koranic schools to make sure that children in these schools, also known as “talibé” children, were provided with an education.

With regards to detention, a delegate noted that most migrant workers in Senegal came from neighbouring ECOWAS countries, with free-circulation agreements. Harsh provisions contained in the law for irregular migrants were not applied by the courts. This law should indeed be reviewed or repealed, delegates agreed. Foreign migrants awaiting expulsion were not detained in prisons, they stayed in the yard of a police station. There was a need to build an administrative centre for these people.

Sexual abuse was on the increase in Senegal, a delegate said. It could be explained by the fact that information and communication technologies had made such abuse more visible. The Government had made enormous efforts to combat sexual abuse through fully comprehensive legislation, and up to 10 years imprisonment sentences. There were awareness-raising campaigns in the streets, and perpetrators were systematically held to account. Challenges remained as harmful practices against women and girls continued. The Government was working in conjunction with civil society organizations, which provided certain statistics.

The Government had a bilateral partnership with France for the resettlement of Senegalese migrants. This project aimed to promote business projects and support for migrants’ return, and to create permanent support mechanisms for those wishing to return to their home country. The “Programme d’Appui aux Initiatives de Solidarité pour le Développement” (PAISD) was a Senegalese programme created with the support of the French Foreign Ministry. It offered support to Senegalese business developers settled in France and interested in investing in Senegal. It also conducted local projects for development at the local level.

Questions by the Committee

An Expert asked for information regarding Senegal’s cooperation with neighbouring countries on migration issues, and asked what assessment should be made of bilateral agreements signed by Senegal with regards to the situation of migrant workers. What was Senegal’s political stand on the current migration crisis and for the protection of Senegalese migrant workers, both in transit and destination countries? Were regional instruments superior to domestic law?

An Expert raised the issue of voting, and asked how Senegalese migrants abroad were provided with the opportunity to vote during national elections.

Coming back to the situation of talibé children, an Expert asked what was being done to ensure the implementation of legislation for concrete change on the ground.

What was being done to support elder emigrants wishing to return to Senegal?

The delegation was asked what budget was allocated to migration policies.

The fact that irregular migrants awaiting deportation were kept in a police yard was a matter of concern for Committee Members, as this seemed to constitute double sentencing.

Replies by the Delegation

The majority of begging children in streets were actually studying in Koranic schools. It may not be effective to repress such schools, the delegation said. This phenomenon was of great concern to the authorities, because it deprived children of their right to a better future. Special services were being provided on this issue, and agreements had been signed with neighbouring countries to ensure the return of migrant children.

With regards to the current migration crisis, a delegate said that Senegal’s position was that migration should be seen as an opportunity for people to be brought closer together. The distinction between migrants and refugees should not be debated anymore, and focus had to be put on saving people’s lives. Regular migration had to be facilitated, and obstacles to regular migration should be lifted.

Around 2,000 foreigners were detained in Senegal. People were expelled generally after committing a serious crime, and the Government did not necessarily interfere with that process.

With regards to the applicability of the Convention, a delegate said that there was not much case law referring explicitly to the Convention, because judges were often reluctant to do so, or lacked knowledge on the Convention.

Concerning the budget, the delegation said that there was no specific budget line for migration. This issue fell under the competence of several ministries. Among them was the Foreign Affairs Ministry, which received more than 20 billion CFA budget.

Voting by Senegalese abroad had been possible for all elections through consular services since 1998.

Concluding Remarks

FATOUMATA ABDOURHAMANE DICKO, Member of the Committee and Country Co-Rapporteur for Senegal, in her final comments, said that Senegal was one of the truly committed African countries to the protection and promotion of human rights. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families had a broad scope of application, she noted. She said that descriptions of national laws was not what the Committee needed. What was expected was information about the concrete application of legislation on the ground. She hoped that Senegal would disseminate the concluding observations to be issued by the Committee. She encouraged Senegal to implement these recommendations in a comprehensive and timely manner.

ABDELHAMID EL JAMRI, Member of the Committee and Country Co-Rapporteur for Senegal, said that Senegal was committed to human rights, and noted the close relationship between his own country, Morocco, and Senegal. He welcomed the fact that Senegal had defended opportunities for regular migration in international fora. He encouraged Senegal to continue efforts to defend the Convention and promote its ratification by other countries. The Convention had to be included in the initial training of judges and lawyers, to ensure that it was referred to in courts. It was also important to raise awareness on the positive side of migration. He encouraged Senegal and its neighbouring countries to establish a sub-regional partnership for the implementation and the promotion of the Convention.

MAME BABA CISSE, Permanent Representative of Senegal to the United Nations Office at Geneva, welcomed the Committee Members’ support to Senegal. Senegal was committed to the protection of human rights and to cooperating with human rights mechanisms. The Government was also concerned about the wellbeing of its nationals living abroad. Remarks made by the Experts would be carefully studied by the competent authorities. Civil society and all other stakeholders, in particular migrant associations, would be closely involved in this study. Only by correctly implementing the Convention would Senegal be able to convince other countries to ratify it.

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