This 95-page report includes interviews with dozens of people who have
faced threats and violence at the hands of both the police and others
in the community. It looks in detail at two key incidents: the "gay
marriage" scandal of February 2008; and the arrest of the "nine
homosexuals of Mbao" in December 2008. The report also examines
several other cases that show how police arrests under Article 319.3
fan broader fear and suspicion.

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Senegal: Law Promotes Violence Against Homosexuals
Decriminalize Consensual Sexual Conduct; Punish Attackers
November 30, 2010
http://www.hrw.org/en/news/2010/11/29/senegal-law-promotes-violence-a...

(Dakar) - Senegal's law criminalizing consensual sexual conduct among
adults is discriminatory and invites abuse of homosexuals by both the
police and the general public, Human Rights Watch said in a report
released today. Human Rights Watch urged repeal of the law, Article
319.3 of the Senegalese penal code, and called on the government to
protect all members of society regardless of their sexual orientation
and gender expression.

The 95-page report, "Fear for Life: Violence against Gay Men and Men
Perceived as Gay in Senegal," includes interviews with dozens of
people who have faced threats and violence at the hands of both the
police and others in the community. It looks in detail at two key
incidents: the "gay marriage" scandal of February 2008; and the arrest
of the "nine homosexuals of Mbao" in December 2008. The report also
examines several other cases that show how police arrests under
Article 319.3 fan broader fear and suspicion.

"Senegal's law criminalizing consensual sexual conduct is deeply
destructive for many communities, particularly gay men," said Dipika
Nath, researcher in the lesbian, gay, bisexual, and transgender rights
program at Human Rights Watch. "People live in constant fear of losing
their jobs, their families, their livelihoods, their freedom, and
their very lives because they are seen as different."

Article 319.3 punishes "unnatural" sexual acts with five years in
prison and a fine. While the law ostensibly criminalizes conduct, not
character, it is in fact used as a tool for targeting certain "types"
of individuals, Human Rights Watch said. The law goes hand in hand
with the government's failure to protect lesbian, gay, bisexual, and
transgender (LGBT) people from violence, further marginalizing an
already vulnerable population. One of the interviewees spoke about the
impunity with which the police mistreated him:

    Actually, they [the police] didn't catch me having sex but assumed
[that] from where I was and how I was dressed. They stripped me naked
and beat me. I was detained for two months. They abused me, called me
goorjigeen [and abusive names]. ... They stuck needles under my nails
to get me to admit [I was gay]. ... They tore my head, forehead, and
face. I was beaten on my arms, buttocks, back. The police called me
women's names. ... This happened for three days at the police station.
I was beaten every day. They also said they would kill me.

The first episode Human Rights Watch explored in depth began in
February 2008, when Icône, a monthly Senegalese gossip magazine,
published two dozen photos from a party in 2006 claiming the people in
the photos were homosexuals engaged in a "gay marriage" ceremony.
While there was no evidence of homosexual conduct in the pictures or
elsewhere, police arrested several of the men in the photos. The men
were soon released, but a massive public outcry, fueled by religious
rallies, sermons, and sensationalist media coverage, led to a spate of
threats and attacks over the following months, driving many gays into
hiding or exile.

In December 2008, only days after Senegal hosted an international HIV/
AIDS conference, police arrested nine members of AIDES Senegal, an HIV/
AIDS association, accusing them of engaging in homosexual conduct. A
court sentenced them to eight years in prison, again in the absence of
any evidence of homosexual conduct. Though the men were released in
April 2009, many lost their jobs, became alienated from their families
and communities, and now struggle to survive.

The publicity and the denunciations in these cases surpassed anything
Senegal's gay population had faced before, and the effects continue to
be felt. The personal accounts in "Fear for Life" illustrate how a
charge of homosexuality, even in the absence of evidence, is easily
intimidating and can provoke attacks and ostracism. The violence and
persecution also have a negative impact on public health, leading
people not to seek health care and HIV testing, counseling, and
treatment.

The report also explores the manipulation of public sentiment by some
Senegalese political and religious leaders who have been instrumental
in creating a climate of virulent homophobia. It also documents the
prominent, one-sided, and at times hate-mongering coverage by many
Senegalese media outlets.

Senegalese interviewed by Human Rights Watch described being insulted,
beaten, stripped, threatened, and tortured in jail as well as attacked
and blackmailed in the community, with no recourse to justice or
protection from the police or from community members and religious
leaders. Those who are arrested and face abuse at the hands of the
police also face violence from members of the public after they are
released.  More often than not, Human Rights Watch found, the police
fail to protect people who face vigilante violence or threats of
violence because of their sexual orientation or gender expression.

Senegal is obliged under domestic, regional, and international law to
protect and promote the rights of all Senegalese. Senegal is a party
to the International Covenant on Civil and Political rights, which
guarantees the right to liberty and security of person to all and
prohibits arbitrary arrest and detention (article 9). It guarantees
the right to privacy (article 17); freedom of expression and
association (articles 19 and 22); and equality and non-discrimination
(articles 2 and 26). Senegal's constitution also guarantees
fundamental rights and freedoms to all of its citizens, including the
freedom of expression and association, and the right to health
(articles 8 and 12). Furthermore, the African Charter on Human and
Peoples' Rights prohibits discrimination on any ground (articles 2 and
19); and guarantees freedom of association (article 10); and the right
to health (article 16).

"There can be no justification for allowing institutionalized violence
against some members of society simply on the grounds of prejudice,"
Nath said.  "Failing to act while people live in fear and constant
danger is a threat to both the rights of individuals and to public
health."