A/HRC/17/33/Add.2
V.
Conclusions and recommendations
87.
The Special Rapporteur believes that the commitment of Senegal to the human
rights of migrant workers, including its efforts to promote awareness regarding the
importance of ratifying the International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families is noteworthy.30
88.
He is equally convinced that challenges remain in legislation, policies and
practices and that further efforts are needed to strengthen the protection and
promotion of the human rights of migrants in Senegal and of Senegalese migrants
residing abroad. In this regard, the Special Rapporteur would like to offer the
following recommendations.
89.
The Government of Senegal and Governments of European Union member
States concerned should ensure that multilateral and bilateral agreements, including
operations of the European Agency for the Management of Operational Cooperation
at the External Borders of the Member States of the European Union (Frontex),
incorporate international standards on human rights and refugee rights.
90.
The Government of Senegal should strengthen efforts to ensure the
harmonization and comprehensive implementation of the Treaty of the Economic
Community of West African States protocol relating to the free movement of persons,
residence and establishment within the domestic legislation. It should also train
border officials and inform the public at large on the provisions of the protocol and
the Treaty itself.
91.
The Government should consider elaborating a holistic and strategic migration
policy. Further, it should either establish an independent entity responsible for the
management and follow-up of all questions related to labour migration, or revive the
National Commission of Management and Follow-up of Employment Offers. The new
entity or the revived National Commission should be equipped with adequate human
and financial resources. Strategies, policies and mechanisms in the field of migration
should be devised and implemented with the full involvement of all stakeholders,
including civil society, returning migrants and young people.
92.
The Government, in cooperation with the relevant international organizations
and United Nations agencies, should improve data collection and statistical analysis in
relation to aspects of immigration and out-migration.
93.
In addition to the social security agreement with France and steps already
taken to negotiate a similar agreement with Spain, the Government should
systematically negotiate the inclusion of social security provisions in bilateral and
multilateral agreements on labour migration in order to, inter alia, facilitate the
transfer (upon migrants’ return to Senegal) of the social contributions paid by
Senegalese living abroad in the countries of migration. It should also devise a
mechanism to extend the coverage of social security to the families of Senegalese
working abroad.
94.
Pursuant to the recommendation of the Committee on Economic, Social and
Cultural Rights on reducing the unemployment rate, the Government should build the
capacity, including business capacity, of young people and potential migrants and
conduct regular reviews of the minimum wage levels.
30
20
The commitment and efforts of Senegal in this field have also been praised by certain Governments
during its universal periodic review in 2009.