VZCZCXRO7896
PP RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMA RUEHMR RUEHPA RUEHRN RUEHTRO
DE RUEHDK #0059/01 0151618
ZNR UUUUU ZZH
P 151618Z JAN 09
FM AMEMBASSY DAKAR
TO RUEHC/SECSTATE WASHDC PRIORITY 1706
INFO RUEHZO/AFRICAN UNION COLLECTIVE

UNCLAS SECTION 01 OF 02 DAKAR 000059 
 
DEPT FOR AF/W, AF/EPS, AF/RSA, DRL 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PHUM PREF PGOV SG
SUBJECT: Gay Men Sentenced to Eight Years in Prison 
 
¶1. (SBU) Summary:  Nine gay men - several of whom were known 
anti-AIDS activists - were sentenced to eight years in prison for 
criminal conspiracy and committing "unnatural acts."  The sentence 
is unusually harsh and has produced outrage among Senegalese human 
rights NGOs and AIDS activists, as well international gay rights 
organizations.  The government of France has formally condemned the 
convictions and sentences and called for the release of the men and 
the decriminalization ofQomosexualiQ.  The men's attorneys have 
appealed the conviction and are working with civil society to obtain 
their release.  End summary. 
 
Home of Gay Anti-AIDS Activist Raided by Police 
--------------------------------------------- -- 
 
¶2. (SBU) On December 19, 2008, Senegalese police raided the 
apartment of prominent homosexual and anti-AIDS activist M. Diadji 
Diouf in a suburb of Dakar.  Diouf heads the association AIDES 
Senegal, an organization that provides HIV prevention services to 
homosexual men.  It is a local partner organization of the 
international public health NGO Family Health International (FHI), 
which is implementing a USAID-funded HIV project in Senegal.  Police 
arrested Diouf and his guests who were in his apartment for a 
meeting to share information on AIDS prevention efforts in Senegal's 
gay community.  Police charged Diouf with possession of pornographic 
material and paraphernalia.  According to human rights activists, 
the material in question was for AIDS prevention and included items 
such as condoms and dildos.  In addition, police also confiscated 
Diouf's mobile phone, saying it contained pornographic photos.  At 
the time of the raid, Diouf and his friend M. Ba were arrested.  The 
rest of the group, who had visited Diouf's home for HIV/AIDS 
counseling, were arrested later on. 
 
Gay Men Charged with Criminal Conspiracy 
---------------------------------------- 
 
¶3.  (U) On January 6, 2009, the nine men were judged and convicted 
of criminal conspiracy and engaging in "unnatural acts" and 
sentenced to eight years in jail and a fine of CFA 500,000 
(approximately USD 1,000) each.  While the prosecutor in this case 
asked for the maximum sentence for such a crime in Senegal of five 
years, the judge added three years to the sentence stating that the 
homosexual men were also members of a criminal group.  Under Article 
319 of the Senegalese penal code, homosexual acts are punishable by 
imprisonment of one to five years and a fine of CFA 100,000 (USD 
200) to CFA 1,500,000 (USD 3,000). 
 
Attorneys Shocked by Severity of Sentence 
----------------------------------------- 
 
¶4.  (SBU) At the time of the arrest, only one of the accused, a 
student, had an attorney (paid for by his father).  After their case 
received attention in the media, four attorneys, paid for by ENDA 
Sante, a branch of the Dakar-based international NGO Environment and 
Development Action in the Third World (ENDA-TM), took on the case. 
At the start of the trial, the attorneys did not consider the 
charges against their clients to be serious and were shocked by the 
severity of the penalty imposed by the judge.  The lawyers believe 
that by entering Diouf's apartment, the police violated his right to 
privacy.  Moreover, they have expressed concern for what they 
believe to be violations of their clients' right to a free and fair 
trial and the right to freedom from discrimination.  On January 12, 
the attorneys filed for appeal.  While their appeal is pending, they 
are working closely with civil society and human rights 
organizations to seek the release of the nine men, as well as to 
find ways to protect gays in Senegal. 
 
Civil Society Working Toward Release of Men 
------------------------------------------- 
 
¶5.  (SBU) On January 13, ENDA Sant organized a meeting with 
Senegalese AIDS activists, international partners, and other 
representatives of civil society to discuss what could be done to 
bring about the release of the men.   Representatives from local and 
international anti-AIDS, public health and human rights NGOs, 
UNAIDS, UNDP, the European Commission, as well as representatives 
from the U.S., French, and Swedish embassies attended the meeting. 
 
¶6.  (SBU) Representatives from Enda Sant also met with officials 
from the Ministries of Health, Interior, and Justice to discuss the 
release of the men and also find solutions for the protection of the 
Senegalese gay community.  Enda Sant continues to visit the nine 
men in prison and to provide them with food, and has received 
assurances from prison officials that the men will be safe during 
their incarceration. 
 
 
Arrests Provoke International Outrage 
------------------------------------ 
 
 
DAKAR 00000059  002 OF 002 
 
 
¶7.  (U) The gay rights NGO International Gay and Lesbian Human 
Rights Commission (IGLHRC) said it was "shocked by the ruling."  On 
January 14, French President Nicolas Sarkozy expressed concern over 
the ruling.  The French government has officially requested their 
release and pleaded for the decriminalization of homosexuality in 
Senegal. 
 
Homophobia on the Rise 
---------------------- 
 
¶8.  (SBU) While gay men are occasionally arrested and prosecuted, 
traditionally social stigma and blackmail are the most prevalent 
forms of abuse faced by homosexuals.  However, anti-gay sentiment 
has been on the rise across West Africa in recent years.  Although 
Senegal has a reputation for religious tolerance, international 
human rights organizations have expressed concern recently over the 
apparent rise of homophobia in the country.  In February 2008, a 
group of men were arrested after a magazine printed photographs of 
what purported to be a gay wedding.  The magazine editor received 
death threats and one of the men sought and received asylum in the 
United States.  Representatives from the African Council of AIDS 
Service Organizations (AfriCASO), told EmbOffs that while conducting 
an AIDS education program recently in a Dakar suburb some people 
threw rocks at them, ostensibly in protest against homosexuality. 
 
Creeping Religious Conservatism 
------------------------------- 
 
¶9. (SBU) Comment: While homophobia is reportedly on the rise 
throughout West Africa, it is not clear why it is appears to be on 
the rise in Senegal in particular.  In spite of being more than 90 
percent Muslim, Senegal does not have a history of actively 
persecuting homosexuals.  The particular form of Islam practiced 
here has always been noted for being more tolerant than the forms of 
Islam found in the Arabian peninsula and Gulf countries.  However, 
the country has seen religion and religious leaders take on more 
prominent roles in politics since President Abdoulaye Wade was 
elected in 2000.  Wade broke with 40 years of tradition by 
ostentatiously declaring his membership in the Mourides Muslim 
brotherhood and actively courted the approval and public support of 
the brotherhood's caliph-general.  During the drafting of a new 
constitution, he attempted to have the description of Senegal as a 
secular country removed. 
 
¶10.  (SBU) In another recent break with the country's tradition of 
tolerance, in 2008 prosecutors arrested and indicted a young woman 
for obscenity for risqu dancing in a night club after a video of 
the dancer and her colleagues became popular on the streets of 
Dakar.  These incidents coincide with a slow but perceptible 
increase in the number of women wearing traditional Islamic scarves 
and the small but increasing presence of Muslim fundamentalists.  It 
remains too early to say with any certainty, but the arrest and 
sentencing of these men could be indicative of growing religious 
conservatism in Senegal.  End comment. 
BERNICAT