detention of nine senegalese men violates basic human rights

Nomancotsho Pakade (BTM Link programme coordinator)

The New Year began with a number of reports about nine Senegalese men who were sentenced to eight years in prison.

According to a 10 January report by On Top Magazine Senegalese police raided Diadji Diouf’s apartment who is an HIV/AIDS activist and leader of AIDES Senegal.

Reports say part of Diouf’s activism entailed distributing condoms and HIV treatment to underground gay men in Senegal.

Diouf ran the prevention program from his apartment, where condoms and lubricants were confiscated as evidence later to be used in court to substantiate the charges of ‘unnatural acts’.

Scott Long of Human Rights Watch Press said the nine men who were arrested from Diouf’s apartment were charged on the basis of contradicting article 313.3 in the penal code which punishes “any unnatural act with a person of the same sex” for up to five years imprisonment.

 In an article by Lydia Polygreen in the New York Times the sentence was based on suspicion of engaging in homosexual conduct and relied on condoms and lubricants as evidence, which are basic HIV prevention tools that can be used by anyone.

Furthermore, the court added three years to the five year sentence for contravening article 238 of the penal code called ‘criminal association’ which is punishable by three years imprisonment.

These arrests occurred shortly after the 15th International Conference on AIDS and STIs (ICASA) in Africa that was held in Dakar, Senegal.

Human Rights Watch reported that during the conference some of the discussions were about the contradiction of HIV prevention strategies in the African States that are inclusive of men who have sex with men (MSM) against the ‘sodomy’ laws in these states that criminalise homosexuality.

Some HIV/AIDS and Human Rights activists perceived this contradiction as a hindering factor that marginalizes minority groups such as MSM which consequently perpetuates HIV transmission.  

Long pointed out that the men’s arrest violates article 9 of the International Covenant on Civil and Political Rights (ICCPR) which ensures the right to liberty and security of the person and rights against arbitrary detention, which is consistent with Article 6 of the African Charter.

 Moreover, Article16 of the African Charter guarantees the right to enjoy the attainable state of physical and mental health which the underground gay men have only exercised through HIV prevention programs via Diouf’s activism within AIDES Senegal.

Similarly, Article 17 of the African Charter was violated as it states that every individual shall have the right to education, cultural life, and the protection and promotion of values.

The case in itself seems to have violated several rights, the raiding of the apartment can be perceived as the violation of the right to privacy.

Long also insists that the case seemingly undermines the basic rights to life, freedom of expression, association and health.

The eight year sentence seems to be very harsh since the ruling is based on suspicion of homosexual conduct and vague evidence or rather HIV prevention tools.

The UN along with international aids organizations that attended ICASA in Senegal are said to be pressurizing the Senegal government to release these men.

Perhaps these organizations should share the five year sentence since the activists were preaching and carrying out their MSM HIV transmission strategies.

Again the international organizations may not be held accountable by states but their significant influence should be taken into consideration and maybe lessen the sentence if not free these men, and allow them to continue serving their societies in fighting HIV/AIDS.

Joel Nana of the International Gay and Lesbian Human Rights Commission (IGLHRC) said that the men are appealing to the court.