SECTOR 1

But, according to the analysis of another panellist, there are contradictions in Law
96-04 of 22 February 1996 and the collective labour agreement of Senegalese
journalists and media technicians signed in 1991 between the stakeholders of
news organisations. Whilst the law provides for no filter or limitation of access to
the profession, the agreement does seem to lay down more restrictive conditions
with respect to exercising the profession of journalist and media technician.
Indeed, the collective labour agreement provides that “the journalist or media
technician is a person whose main gainful occupation is the exercise of his/her
profession in an information agency, news organisation or press service/office,
public or private, dealing with the press – written, spoken or filmed, daily or
periodical – or in any other establishment employing information and social
communication professionals, including the University and the ‘Grandes Écoles’.
All journalists and media technicians will be required to possess a professional
diploma recognised by the State”.
However, another panellist argues, the law and the agreement must go together.
And indeed, the agreement – as well as company agreements – should take
precedence over the law, in accordance with a recognised principle of law.
Regarding State secrets and press offences, the panel mentioned the barrage of
provisions – scattered through various legal and regulatory frameworks – which
limit the freedom of expression of certain categories of citizens. This is particularly
true of provisions of the law relating to the status of government officials and
imposing the duty of confidentiality on them.4
But, on the whole, the panel notes that – unlike some countries – there is no law
expressly and exclusively devoted to “state secrets”.

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator

5

Country meets all aspects of the indicator

Average score:

3.0 (2010:2.8; 2008:1.5; 2006:2.6)

4 Law no. 61-33 of 15 June 1961 relating to the general status of civil servants
http://www.demarches.gouv.sn/textes/t-loi-statut-fonctionnaire-1ere-partie.pdf

AFRICAN MEDIA BAROMETER SENEGAL 2013

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Select target paragraph3