Senegal

Draft contains most rights in the Model Law, but State obligations are lacking.

Draft law on the promotion and protection of human rights defenders

Type of instrument: Law
Status: (as of 1 January 2022)
In progress; being discussed by civil society.

Comments on the instrument:
Whether implicitly or explicitly, the draft law contains most provisions of the Model Law regarding substantive rights of human rights defenders. However, obligations on the State are lacking. There is also a grave omission of the obligation to provide an effective remedy.

Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
Potentially. Article 12 ‘Ensuring the credibility of the information before taking action’ could be used against human rights defenders, for example, In cases where the human rights defender believes that the information on which it acted is true, but it turns out to be false. Despite the good faith of the human rights defenders, they could be sanctioned by the State if it considers that the provision was violated.


Comparison to the Model Law

Below is a short summary of the instrument as compared to the Model Law. For additional information and analysis by ISHR on Senegal, click here.

A selection of fundamental rights for human rights defenders incorporated in the instrument:

Provision

Covered?

Analysis / articles

Definition of Human Rights Defender

FULL

4

Right to promote and protect human rights and fundamental freedoms

FULL

3, 8

Right to Form Groups, Associations, and Organisations

FULL

8

Right to Solicit, Receive and Utilise Resources

FULL

8

Right to freedom of expression and to seek, receive and disseminate Information

FULL

7, 8

Right to access and cooperate with NGOs, government organisations and international organisations

FULL

8

Right to participate in public affairs

FULL

7, 11

Right to Peaceful Assembly

FULL

8

Right to represent and advocate

FULL

7, 8

Right to freedom of movement

PART

13

Right to Privacy

PART

9, 14, 17

Freedom from intimidation or reprisal

FULL

9

Freedom from defamation and stigmatisation

PART

XX

State obligations regarding human rights defenders in the instrument?

Obligation to respect, promote, protect and fulfil rights of human rights defenders

PART

5, XX, 16

Obligation to facilitate the activities and work of human rights defenders 

FULL

18

Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal

PART

XX, 13, 14, 15

Obligation to investigate, provide an effective remedy and ensure reparation

NONE

 

Mechanism on the protection of human rights defenders established in the instrument?
No. Article 19 mentions that a Mechanism must be created by the government.

Quick access

Draft Law