A/HRC/17/33/Add.2
44.
Article 25 of the Constitution guarantees the right to work and the Labour Code
derived from Law No. 97-17 (1997), which revised the previous Code (Law 61-34 (1961)),
accords the status of worker to any individual regardless of nationality as long as (a) he/she
engages in a professional activity in exchange for remuneration and (b) he/she is placed
under the direction and authority of another person considered the employer. The Labour
Code also introduces an approval visa in relation to labour contracts for any migrant
worker. If foreigners lose their jobs they do not automatically lose their residence permits;
rather, upon renewal they must submit proof of their means of subsistence.
45.
Although the current Labour Code includes more provisions relating to expatriates,
the particular conditions pertaining to this category of workers are established by the will of
the parties and are therefore of contractual nature. The Code allows companies to proceed
to direct hiring of workers and the creation of placement offices acting as correspondents of
the employment service, thus eliminating the former de facto monopoly of the Labour
Service. According to the Code, a limit may be imposed on the number of foreign workers
in a given company and only a certain percentage of foreign workers may be hired,
depending on the professional category or industrial sector. Foreigners may be excluded
from certain professions such as in the civil service or the judiciary, as well as from certain
gainful activities such as working as a notary, among others. In addition, article L.105 of
the Code provides that under equal working conditions, professional qualifications and
productivity, pay shall be equal for all workers regardless of origin, gender, age or legal
status. Migrant workers are entitled to family reunification, housing, paid annual leave and
exceptional home leave. They also enjoy the same union rights and union protection as
nationals (outlined in art. L.5). Foreign workers may obtain access to management positions
in a union after five years of residence in the country and if their country of origin extends
the same rights to Senegalese workers.
2.
Institutional structure
46.
The Senegalese Committee for Human Rights was established on 22 April 1970 by
Decree No. 70-453. In 1997, the legal foundation was strengthened through the adoption of
Law 97-04 (1997), enabling the Committee to become an “independent institution of
consultation, observation, evaluation, dialogue and submission of proposals, focused on
respect for human rights” (art. 1).
47.
The Committee may issue opinions or recommendations on all matters related to
human rights, in particular on the amending of laws, regulations and administrative
practices in force concerning human rights. It can also bring to the attention of the public
authorities cases of human rights violations and propose, if necessary, measures which
could put an end to such violations. The Committee is made up of 29 members drawn from
civil society, the National Assembly, the supreme jurisdictions, the bar association,
academic institutions, and trade unions. In 2000, the Committee was accredited with “A”
status (signifying that it is in conformity with the Paris Principles) by the International
Coordinating Committee of National Institutions for the Promotion and Protection of
Human Rights. At the regional level the Senegalese Committee for Human Rights is
affiliated with the African Commission on Human and Peoples’ Rights. On the
governmental side, in June 2004 a High Commissioner for Human Rights and Peacebuilding with the rank of Minister was appointed.
48.
In 2003 the Government created a Ministry for Senegalese Abroad, with a view to
coordinating all actions aimed at promoting and protecting Senegalese settled abroad as
well as their families who are left behind in Senegal. In 2006 this Ministry adopted a policy
with four main objectives, namely: (a) to ensure good management of the migratory fluxes;
(b) to guarantee health, social and legal protection to Senegalese abroad; (c) to promote the
economic role of Senegalese abroad; and (d) to strengthen the institutional structure of
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