A/HRC/17/33/Add.2 custodial sentence for a crime or a serious offence” (art. 4). Refugee status is granted by the National Eligibility Commission. Refugees have the same entitlements as nationals, including the right to work and education. 40. The main texts dealing with migration issues are: Law No. 61-10 (1961) related to Senegalese nationality (amended by Law No. 89-42 (1989)), and Law No. 71-10 (1971) and Decree No. 71-860 (1971) concerning the conditions of admission, stay and settlement of aliens. This legislation defines as foreign any person who does not hold Senegalese nationality, whether or not they have some other nationality. Article 4 of Law 71-10 also defines immigration as foreigners travelling to Senegal with the intent of establishing their residence there or of engaging in gainful activity or professional employment on a permanent basis. 41. A foreigner must obtain an establishment permit prior to entering the country; exceptionally such a permit may be granted to foreigners holding temporary residence permits. Establishment permits may also be issued to the immigrant’s spouse, ascendants, and minor and unmarried descendants living as dependants under the same roof. Withdrawal of the permit implies automatic cancellation of the employment contract. Public authorities may grant Senegalese nationality to those foreigners who apply for it and who fulfil the requirements set by law, including continuous residence of 10 years (5 years for foreigners married to Senegalese nationals). However, children born in Senegal to parents who are foreign nationals seem to have difficulty gaining access to Senegalese nationality, mainly due to the cumbersome and lengthy administrative procedure. 42. Foreigners who fail to comply with Senegalese legislation concerning entry, temporary residence and exit may be sanctioned by the withdrawal of the temporary residence or establishment permit, for example, if the conditions under which the permit was granted no longer exist, if essential facts were omitted or concealed or if changes of residence or employment were not reported. Foreigners may also be expelled if condemned for crimes or offences, if they engage in conduct or actions that lead to the conclusion that they will not adapt to the established order, if they are involved in serious and patent cases of interference in the internal affairs of Senegal or if they can no longer maintain themselves or their families. The Ministry of Interior rules on the expulsion of foreigners, who can appeal the decision on the grounds of a perceived abuse of power to the State Council. The Working Group on Arbitrary Detention during its visit to Senegal (5-15 September 2009) found that administrative detention in police stations of foreigners who had served their criminal sentence in full and are awaiting deportation may be prolonged indefinitely due to administrative and logistical problems associated with their deportation (A/HRC/13/30/Add.3, para. 68). 43. Law No. 2005-02 (2005) deals with combating trafficking in persons and related practices and the protection of victims. It prohibits trafficking in persons and other forms of exploitation of vulnerable groups, prescribing penalties of 5 to 10 years’ imprisonment for all forms of trafficking. This law also criminalizes organized clandestine migration via land, air and sea, whether the territory is used as a zone of origin, transit or destination. Article 3 of Law No. 2005-02 also makes it a crime to compel a person to beg, an act which may be punished with imprisonment of between two and five years and a fine of between 500,000 and 2 million CFA.13 13 10 Article 245 of the Penal Code (recalling Law No. 75-77 of 9 July 1975) already stipulated that anyone who allows begging by minors (under the age of 21) in their custody shall be punished with three to six months’ imprisonment. In addition, Decree No. 3749 prohibits the worst forms of child labour, including children begging on behalf of a third party.