the amnesty law to pacify the country will leave many crimes unpunished, according to NGOs

In Senegal, an amnesty law, passed on Wednesday, is controversial. This law, carried by President Macky Sall, aims to pacify the country before the presidential election. But it could also turn into impunity for those responsible for human rights violations.

In the midst of a political crisis surrounding the presidential elections, Senegalese deputies debate, Wednesday March 6, the amnesty law wanted by President Macky Sall. This amnesty, which aims to pacify the country, particularly after the shock of the postponement of the date by the current president, concerns acts linked to political violence over the past three years. But it is also criticized as sheltering the perpetrators of serious crimes, including homicides.

To understand what is at stake in this amnesty, we must look at those who will gain and those who will lose. By returning to the text, the amnesty will at first glance cover all acts likely to qualify as criminal or correctional offenses, committed between 1^er February 2021 and February 25, 2024, both in Senegal and abroad, and relating to demonstrations or having political motivations. At first glance therefore, this amnesty should allow the release of political prisoners, particularly from the opposition, who have been arrested for three years. This represents a thousand people, knowing that more than 300 have already been released since the start of the year.

Killings and arrests of demonstrators which remain without investigation

But it will also allow government officials and security forces to avoid being prosecuted for human rights violations committed during this period. For NGOs that defend human rights, this amounts to wiping the slate clean in many cases where there has been a death.

Amnesty International estimates that nearly 60 people have been killed during protests that have taken place since 2021 in the country. Human Rights Watch puts forward a toll of more than 40 demonstrators killed, but we can also add a significant number of arbitrary arrests over the past three years. Prolonged police custody without any legality, but also accusations of acts of torture at the time of arrests or during detention. This amnesty law therefore means putting an end to numerous investigations, even if acts of torture could be excluded from the scope of this law.

Many victims believe that this will compromise their chances of establishing responsibility for what happened to them and, above all, it will prevent the guilty parties behind these crimes and offenses from being judged.

A law contrary to numerous international treaties signed by Senegal

This also goes against international treaties to which Senegal is a signatory. This is one of the arguments put forward by NGOs, who recall that Senegal is a signatory to the Convention against Torture and a signatory to the Rome Statute of the International Criminal Court, which stipulates that people presumed guilty of crimes must make the subject to legal proceedings. This also goes against the founding principles of the African Union and the African Charter on Human and Peoples’ Rights.

Finally, if we put aside the fate of the media and symbolic opponent Ousmane Sonko, currently in prison, this amnesty primarily benefits the power in place. The released opponents do not want it, because they believe they have nothing to reproach themselves for. On the other hand, they demand that justice comes to pass, just like the families of those who have been killed during the demonstrations since 2021.