A/HRC/17/33/Add.2
of Women, as well as the African Charter on the Rights and Welfare of the Child. Senegal
is also a member of the Conférence Interafricaine de la Prévoyance Sociale (Inter-African
Conference on Social Security), established in 1993. In the light of the subregional
integration processes on free circulation of persons, the Conference aims to, inter alia,
create a supranational framework to collectively address issues related to harmonizing
social security legislations and systems and strengthening specialized training in this field.
Senegal is party to the OUA Convention Governing the Specific Aspects of Refugee
Problems in Africa.
35.
At the subregional level, Senegal is party to the Treaty of the Economic Community
of West African States (ECOWAS) which was adopted on 28 May 1975. Article 1 of this
Treaty states that “subject to the provisions governing police regulations and public safety,
as well as prescriptions of the sanitary rules, nationals of Member States are free to enter
the territory of any of the Members, to travel, to stay and to leave by simply showing a
valid national passport with no other formality, such as obtaining an entry or exit visa”. In
January 1993 the member States adopted a revised version of this Treaty, stipulating that
the establishment of a common market implies, inter alia, “the removal, between Member
States, of obstacles to the free movement of persons, goods, services and capital and to the
right of residence and establishment”. In order to guarantee the implementation of the
relevant articles on migration, a number of protocols, decisions, directives and resolutions
have also been adopted by ECOWAS member States. Of relevance are, for example, the
protocol relating to the free movement of persons and goods, the right of residence and
establishment, and a protocol which includes a code of conduct for citizenship in the
Community.
36.
Senegal is also member of the West African Economic and Monetary Union, which
was established by virtue of a treaty (1994). Article 91 of the treaty stipulates that “subject
to limitations justified by reasons pertaining to public order or public safety, nationals of
Member States are entitled to freedom of movement and residence throughout the territory
of the Union”. Article 92 of the treaty provides for the right to establishment throughout the
Union, which includes the right to exercise non-salaried activities and to establish and
manage companies under the conditions defined by domestic legislation.
B.
The national legal and institutional framework
1.
Legislation
37.
Human rights are central to the Constitution and legal system of Senegal. Article 7
of the Constitution stipulates that: “the human person is a sacred and inviolable legal entity,
and the State has an obligation to defend and protect this inviolability”.12 Moreover, article
98 stipulates that the international treaties ratified by the State acquire an authority superior
to that of ordinary laws.
38.
Article 14 of the Constitution of Senegal recognizes the right to freedom of
movement and residence within the country and allows any citizen to move about freely,
both within and outside the national territory and to reside in Senegal or abroad, according
to the conditions established by law. In this regard, emigration legislation imposes no
restrictions on Senegalese citizens entering or leaving the country.
39.
The right to asylum is governed by Law 68-27 (1968) whereby “no individual who
enjoys the status of refugee in Senegal shall be deported, except for reasons of national
security, if she/he carries out activities contrary to the public order or is condemned to a
12
Unofficial translation.
9