According to the organization’s report, the government and parliament “must amend the laws before they are passed and ensure that they comply with international human rights standards.”
While the government says the two new laws are intended to “strengthen the fight against terrorism, maritime piracy and transnational organized crime,” civil society groups and opposition parties say they are too broad and could be used to silence dissidents.
“While the authorities have legitimate concerns about the growing influence of Islamic militias in the Sahel region and the threat they pose to Senegal, they must ensure that laws are not used to suppress fundamental rights,” said Ilaria Allegrozzi, Senior Research Fellow Africa at Human Rights Watch.
“The government should send both laws back to parliament to deal with problematic provisions,” he said.
On June 25, 2021, the National Assembly, by 70 votes to 11, approved laws amending the Criminal Code and the Criminal Procedure Code.
It is unclear how many of the 165 National Assembly members were present.
On June 30, members of the opposition party filed an appeal with the Constitutional Council to determine whether the laws were in line with Senegal’s constitution and the country’s national and international legal obligations.
The laws define “acts of terrorism”, including, but not limited to, “grave disturbance of public order”, “criminal community” and “crimes related to information and communication technologies”, which are punishable by life imprisonment.
This vague definition can be used to criminalize peaceful political activities and violations of freedom of association and assembly, Human Rights Watch said.
The laws still criminalize “incitement of others” to terrorism, but they do not clearly define “incitement”, which threatens the media and freedom of expression, providing a potential basis for prosecuting freedom of expression.
The laws will criminalize leaders of associations, unions or political parties for “crimes committed” by their organizations that threaten the right to association.
If an organization is found guilty, laws allow it to confiscate the organization’s property and detain leaders. They also provide law enforcement agencies with additional powers to monitor terrorism suspects without asking a judge’s permission.
Earlier on election day, protesters took to the streets in the capital, Dakar, following an appeal by the Movement for Democracy (M2D), a group made up of opposition parties and elements of civil society.
According to media reports, some protesters threw stones and other objects at the police, who responded with tear gas and detained at least 20 protesters.
All the detainees were released, but at least one claimed that he was beaten by the police.
The new laws were passed amid intense political tension and uncertainty in Senegal.
Government crackdowns on massive peaceful protests in March killed 10 people and injured hundreds.
President Maki Sall has yet to clarify whether he will run for a third term in elections scheduled for 2024.
Many civil society activists, youth groups and others in Senegal fear that new counter-terrorism laws could seriously affect civil liberties and be used to further shrink the country’s democratic space.
“These laws are dangerous and threaten fundamental rights and freedoms,” said Alioun Tin, a Senegalese human rights activist and founder of the AfrikaJom think tank, to Human Rights Watch.
“In the months following the government’s brutal crackdown on peaceful protesters, the new counter-terrorism laws could be used to further shrink the democratic space in Senegal,” said senior African researcher Ilaria Allegrozzi.
“The government must ensure that it does not use the threat of terrorism as a ruse to silence the political opposition and the country’s youth who want their fundamental rights to be respected,” he added.
