A/HRC/17/33/Add.2
family and other social security benefits. However, those working in the informal sectors,
many of whom are African migrants, are excluded from the enjoyment of such benefits. An
additional concern brought to the attention of the Special Rapporteur during this visit is the
absence of mechanisms whereby families left behind by Senegalese working abroad are
able to enjoy such social security benefits.
64.
Pirogue migration seems to have become “a social phenomenon through which
young Senegalese men could seek to restore a tarnished sense of dignity and manhood”.24
Since the 1980s, when emigration began to grow significantly, the figure of the emigrant
has come to be seen as embodying economic success and social prestige and has become a
social role model.25 There are Senegalese pop songs which celebrate the migrant as a
modern hero. In this regard, during his visit the Special Rapporteur learned of many
sensitization and information initiatives carried out by governmental and non-governmental
actors in cooperation with international agencies such as the International Organization for
Migration (IOM). For example in 2007 an awareness campaign in Senegal included
television spots and messages from celebrities, such as the Senegalese singer Youssou
N’Dour, warning of the dangers of irregular migration. In 2006, in Thiaroye-sur-Mer, 550
Senegalese women whose sons or husbands died at sea while trying to reach Europe joined
together; through the Women’s Association against Irregular Migration they have
conducted regular awareness-raising and information campaigns on the dangers of irregular
migration through workshops, television shows and other media.
B.
Legislative challenges
65.
Legislation and regulations governing the various aspects of migration and the
human rights of migrants appear scattered, and are often not in conformity with
international instruments and standards.
66.
For instance, the Special Rapporteur was informed that in 2006, Law No. 02 (2005)
on trafficking in persons and organized clandestine migration was applied by law
enforcement officials and judges not only to arrest, prosecute and condemn traffickers but
also to prosecute migrants who attempted the sea crossing towards Europe. Although this
law - one of the first specific laws on these issues in West Africa - may represent a positive
step in the fight against trafficking in persons and smuggling of migrants, it poses
challenges to the protection of the human rights of migrants. In fact the clauses, contrary to
article 5 of the Protocol against the Smuggling of Migrants by Land, Sea and Air,
supplementing the United Nations Convention against Transnational Organized Crime, do
not provide for criminal immunity of migrants. Rather, they provide for the possibility to
prosecute and condemn all persons over the age of 18 who knowingly contribute to the
realization of the offence of clandestine migration. During this visit, the Special Rapporteur
was informed that a new draft law has been elaborated but not yet adopted. It seems the
Government aims at moving this legislation forward together with the reform of the Penal
Code.
67.
The provisions of the ECOWAS Treaty and its Protocols are not sufficiently
integrated in the national law of the member States of the Community and are not
effectively implemented. The Special Rapporteur, for example, learned during his visit that
nationals of other States in the Community staying in Senegal more than 90 days should
register with the relevant authorities. However, the authorities seem to accept that most of
24
25
Ibid., p. 37.
Ibid.
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