VZCZCXRO9717
RR RUEHMA RUEHPA
DE RUEHDK #2258/01 3230953
ZNR UUUUU ZZH
R 190953Z NOV 07
FM AMEMBASSY DAKAR
TO RUEHC/SECSTATE WASHDC 9610
INFO RUEHZK/ECOWAS COLLECTIVE

UNCLAS SECTION 01 OF 02 DAKAR 002258 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
DEPT FOR AF/W, AF/RSA, DRL AND INR/AA 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KISL SG
SUBJECT: SENEGAL: THREATS AGAINST FREEDOM OF EXPRESSION 
 
REF: A) DAKAR 2122 
 
SUMMARY 
------- 
 
¶1.  (SBU) Recently four journalists, Moussa Gueye, Moussa Doucar 
(REF A), Pape Amadou Gaye, and Elhadj Malick Seck were all arrested 
and later ordered released by President Abdoulaye Wade in the face 
of serious pressure from the union of journalists and public 
opinion.  Gaye, editor-in-chief of "Le Courrier du Jour," was 
arrested for publishing an article inviting the army to take a 
position on Senegal's socio-economic situation.  Elhadj Malick Seck 
was arrested for posting on his website, rewmi.com, a newspaper 
article criticizing Wade for having used state funds to buy a new 
limousine from China while many Senegalese cannot make ends meet. 
While avoiding a confrontation with the media, the move rekindled a 
debate on an article in Senegal's Criminal Code that allows the 
state to detain journalists for offense deemed to be "propaganda 
against state security."  END SUMMARY. 
 
ARMY AND POLITICS 
----------------- 
 
¶2. (SBU) Senegal's determinedly apolitical armed forces were for the 
first time ever allowed to vote in February 2007, highlighting an 
underlying fear amongst the country's political leaders that the 
military could be tempted to interfere in politics if the right 
context presents itself.  This fear is based on the prevalent notion 
that the Senegalese people would support a military takeover if 
politicians fail to make democratic institutions work.  So when 
Amadou Gaye echoed that notion in his attempt to prompt the GOS to 
do something about the high cost of living, he was promptly charged 
with conducting "activities likely to cause military disobedience," 
and "undermine state security."  If convicted of these charges he 
could have been sentenced from five to ten years in jail.  Although 
Gaye's case was in the hands of an examining judge, President Wade 
ordered him released for purely political reasons (after, arguably, 
having had him arrested for purely political reasons). 
 
INTERNET AND STATE SECURITY 
--------------------------- 
 
¶3.  (SBU) One of the brightest areas of development in Senegal's 
democracy has been the use of Internet to disseminate news, post 
videos, and to air dissenting opinions.  Two of the country's most 
popular websites are Rewmi and Seneweb.  When Rewmi.com reproduced 
an article about Wade's purchasing a new limousine the webmaster, 
Elhadj Malick Seck, was arrested as the GOS claimed to be concerned 
about comments from some bloggers who not only insulted Wade but 
also incited people to burn the SUVs that he has bought for the 
country's parliamentarians.  Some bloggers, even demanded that Wade 
face charges of "high treason" for mismanaging public resources in 
times of economic hardship. 
 
SELF-CENSORSHIP 
---------------- 
 
¶4.   (SBU) Article 70 of Senegal's Criminal Code prevents the 
mentioning of the Army when critiquing the government.  It 
stipulates that anybody who in peacetime demoralizes the army with 
the goal of "inciting it to disobey the Head of State, Chief of 
Armed forces" will be punished by a sentence ranging from five to 
ten years.  Article 248 of the same Code targets "crimes committed 
through all means of broadcasting and dissemination of news." 
Furthermore, Article 139 stipulates that a prosecutor can demand and 
obtain the immediate detention of any journalist charged on the 
basis of the above-mentioned articles.  Such laws have resulted in 
journalists practicing self-censorship as they are well aware that 
the Minister of Justice can instruct a prosecutor to detain them at 
anytime.  In the past two years, the GOS and the media have held 
several talks regarding the elimination of the aforementioned laws. 
The GOS has proposed eliminating prison sentences to replace them 
with fines, but media leaders fear that the State will bankrupt them 
through the abuse of fines.  They thus prefer to go to jail with the 
hope that peer pressure and public opinion will force the government 
to set them free. 
 
COMMENT 
------- 
 
¶5.  (SBU) As in any democratic and free country, the media in 
Senegal are both a source of information and a battle ground for 
political leaders.   The opposition and the ruling party fight 
through the media while factions within the ruling party use the 
press to undermine each other.  Wade has promoted the creation of 
more newspapers to counterbalance criticism he receives in the 
press, but increasingly even the pro-government media are 
criticizing him from time to time.  Moreover, the Internet sites 
Rewmi and Seneweb have created a real-time public forum for ordinary 
Senegalese to express their dissatisfaction with the Wade 
 
DAKAR 00002258  002 OF 002 
 
 
administration's governance. 
SMITH