Committee on the Rights of the Child

Ninety-fifth session

15 January–2 February 2024

Consideration of reports of States parties

Replies of Senegal to the list of issues in relation to its combined sixth and seventh periodic reports *

[Date received: 16 October 2023]

1.Senegal hereby submits additional and updated information on all aspects of the rights of the child addressed in its combined sixth and seventh periodic reports.

Part I

Reply to the issues raised in paragraph 2 (a) of the list of issues (CRC/C/SEN/Q/6-7)

2.The draft children’s code complies with the Convention on the Rights of the Child and the Optional Protocols thereto. It has been submitted to the Secretariat General of the Government for review. To expedite its adoption, the Government, in collaboration with civil society organizations campaigning for children’s rights, has initiated a series of meetings with other stakeholders, notably the parliament and religious, traditional and customary communities, in support of advocacy efforts.

3.The draft children’s code provides for penalties in the event of any breach of its provisions, specifically in articles 132 to 134 of chapter VII on criminal provisions.

Reply to the issues raised in paragraph 2 (b) of the list of issues

4.Senegal has not yet adopted a third action plan for the National Child Protection Strategy. However, the process currently under way will take due account of the recommendations made after the Strategy was evaluated, in particular by ensuring that sufficient resources are allocated for its implementation.

Reply to the issues raised in paragraph 2 (c) of the list of issues

5.The programme budget for 2020 strengthened the child protection sector by allowing for the establishment of a children’s programme under the auspices of the Ministry for Women, the Family and Child Protection, the budget of which has progressively risen from 4,429,060,351 CFA francs (CFAF) in 2020 to CFAF 10,159,045,120 in 2021, then to CFAF 20,237,604,259,000 in 2023.

6.The aforementioned programme supports comprehensive early childhood development and child protection by establishing services designed to facilitate the building of school infrastructure for young children, the recruitment and training of activity leaders, the acquisition of textbooks and the provision of assistance to children in street situations.

7.The Government of Senegal, acting through the Ministry of Justice, has taken steps in the same direction, increasing the budget of the Social and Judicial Protection Programme from CFAF 3,000,210,455 in 2022 to CFAF 3,104,265,889 in 2023.

Reply to the issues raised in paragraph 2 (d) of the list of issues

8.The Senegalese Government drew up its first contingency plan for the child protection sector for the period 2017–2018, accompanied by an action plan addressing risks related to facilities classified as potentially hazardous for the environment, such as those used in the transport of hazardous materials and maritime safety, security risks, risks linked to armed conflicts, including large gatherings, armed conflict itself and food insecurity, and natural hazards like floods, epidemics and coastal erosion. This action plan has a budget of CFAF 1,280,085,000 and children were involved at every stage of its development.

9.The contingency plan has been evaluated and updated for the period 2020–2024 and a new action plan with a budget of CFAF 1,349,900,000 has been adopted.

10.The contingency plan takes food security into account, in that it provides for a locust control programme and the implementation of agricultural projects within the framework of the Community Agricultural Estates Programme.

Reply to the issues raised in paragraph 3 (a) of the list of issues

11.In its determination to strengthen the Senegalese Human Rights Committee and ensure that it regains A status, in March 2023, the Senegalese Government drew up a bill amending and replacing provisions of Act No. 04 of 10 March 1997, after wide-ranging consultation with all relevant stakeholders. This new bill reinforces the independence and impartiality of the members of the Senegalese Human Rights Committee, in particular through article 9, which provides that the members of the National Human Rights Commission of Senegal, namely the commissioners, may not be prosecuted, investigated, arrested, detained or tried for opinions they express or acts they carry out in the exercise of their duties.

12.Moreover, under articles 8 and 20 of the bill, the mandate of the Chair of the Commission may be terminated before the expiry of his or her six-year term of office only in the event of a duly documented impediment, and the Commission’s headquarters and regional offices are inviolable and may not be searched without the Chair having received prior notification or in the absence of the Commissioner of the Executive Board.

13.In addition, the institution’s financial and budgetary autonomy and resources have received a boost, with its budget having gradually increased from an initial 50 million to 100 million by 2021. The State provided it with new operational headquarters in September 2023.

14.The bill is currently undergoing the administrative adoption process.

15.A ministerial decree appointing the 30 new members of the Commission was issued by the Minister of Justice in April 2023; these new members took up their functions at the end of August 2023.

Reply to the issues raised in paragraph 3 (b) of the list of issues

16.The amendment of the draft bill to establish a children’s ombudsman has yet to be carried out. However, section II of the bill on the children’s code provides for the establishment of an independent authority, namely the children’s ombudsman, which would be responsible for promoting, protecting and defending children’s rights.

17.Under article 116 of the draft children’s code, the duties of the children’s ombudsman would include reporting to the public prosecutor any acts that may constitute a breach of criminal law against a child.

Reply to the issues raised in paragraph 4 of the list of issues

18.The State of Senegal has taken various measures to combat child marriage. Since this necessarily entails raising the minimum age of marriage for girls, a national action plan has been drawn up to put an end to the marriages of young girls, with a projected budget of CFAF 3,467,300,000. The plan includes advocacy for the adoption of the draft children’s code and the raising of the minimum age of marriage for girls to 18 years.

19.In addition, awareness-raising campaigns are being carried out in local communities, using religious and medical arguments to highlight the harmful effects of child marriage on girls’ health.

20.Similarly, the Government is conducting information and awareness-raising activities through its teenage counselling centres, which work to prevent the marriage of young girls and provide support to girl victims of early marriage.

21.On the legislative front, the bill on the children’s code prohibits the marriage of children under 18 years of age.

Reply to the issues raised in paragraph 5 of the list of issues

22.With a view to revamping the National Children’s Parliament, in 2022, the Government organized a round table with the support of technical and financial partners. At this meeting, a road map for re-launching the Parliament was adopted.

23.In addition, section II of the bill on the children’s code provides for the establishment of a children’s parliament under the National Assembly.

24.With regard to the parliament’s resources and means, article 129 of the bill provides that the national children’s parliament would be funded through the State budget.

Reply to the issues raised in paragraph 6 of the list of issues

25.In Senegal, birth registration is free of charge, and a number of measures have been taken to popularize it throughout the country. These measures include:

Implementation of a national civil registration strategy in 2022

Transformation of the Civil Registry Department into the National Civil Registry Agency in May 2023

Adoption of the National Training Plan for Civil Registration Officials and Officers, Auxiliaries, Community Workers and Archivists, under which 3,000 civil registrars were trained in 2023

Implementation of the “Nekkal” programme, under which the systems of civil registry offices have been computerized, existing offices have been renovated and new centres have been built in 2022

Design of a national software programme for processing life events

On the instructions of the President, transformation of national civil registration awareness day into national civil registration awareness week

Establishment of a mechanism, namely the civil registration corner, to facilitate birth registration in hard-to-reach areas

Establishment of a system for identifying and regularizing the situation of students without birth certificates at the Ministry of Education

Provision of support for civil registry centres under projects managed by the United Nations Children’s Fund (UNICEF) and the Regional Project to Support Pastoral Farming in the Sahel

26.Measures taken to ensure that all children have access to education and health care include:

Adoption of the National Health and Social Development Plan 2019–2028, under which free health care is guaranteed for all children under 5 years old

Decentralization of training for health-care professionals to the regions

Provision of free elementary education and textbooks under the Programme for the Improvement of Quality, Equity and Transparency in Education and Training

27.According to Senegalese law, any newborn child who is found in Senegal and whose parents are unknown is considered Senegalese. The notion of a foundling has not yet been incorporated into the Senegalese legal system.

28.In its determination to eradicate statelessness, Senegal has ratified the relevant conventions and, in 2022, adopted Act No. 2022-01 of 14 April 2022 on the Status of Refugees and Stateless Persons.

29.In keeping with its commitments, it has also developed a national action plan for the eradication of statelessness in Senegal. The plan includes an amendment to article 3 of Act No. 61-l0 of 7 March 1961 on Senegalese Nationality in order to allow children found in Senegal to benefit from the presumption of Senegalese nationality if they would otherwise be stateless.

30.The plan also envisages an amendment to article 55 of the Family Code to allow all children of unknown parents found in Senegal to be registered in the civil registry in the same manner as newborns.

Reply to the issues raised in paragraph 7 (a) of the list of issues

31.In Senegal, corporal punishment is permitted only according to the provisions of article 285 of the Family Code; this provision has not yet been repealed. However, it is prohibited under Decree No. 79-1165 of 20 December 1979 on Elementary Education.

32.Corporal punishment in schools was the topic of a 2019 circular of the Ministry of Education reminding school inspectors that all forms of corporal punishment are prohibited in the school environment.

33.In application of the aforementioned decree, monitoring mechanisms have been in place since 2020, including, in particular, the Observatories of Vulnerability to School Dropout and monitoring and early warning committees against school violence.

Reply to the issues raised in paragraph 7 (b) of the list of issues

34.To combat sexual violence in all its forms, in 2020, the Government adopted Act No. 2020-05 of 10 January 2020 on the Criminalization of Rape and Acts of Paedophilia. A national action plan was adopted under the National Strategy for the Eradication of Female Genital Mutilation 2022–2030.

35.In addition, in 2022, the Government approved a training module on the protection of children from online abuse, harassment and violence at school.

Reply to the issues raised in paragraph 7 (c) of the list of issues

36.Because the National Strategy for the Acceleration of the Eradication of Female Genital Mutilation 2022–2030 and the associated five-year action plan for the period 2022–2026 were only recently adopted, they have not yet been evaluated. Actions envisaged under this strategy include the setting up of a multisectoral dialogue and data management platform, the introduction of a module on female genital mutilation at the police training academy, awareness-raising measures to promote the eradication of female genital mutilation through the media, measures to promote the socioeconomic empowerment of women and girls and capacity-building for staff of the judicial and education systems.

Reply to the issues raised in paragraph 7 (d) of the list of issues

37.In addition to drafting the bill on the children’s code, which proposes to raise the minimum age of marriage to 18 years, the State of Senegal has launched the “New Deal” programme to combat child marriage and early pregnancy. The programme promotes the establishment of girls’ leadership clubs and the adoption of community pacts between parents, who pledge to put an end to child marriage, and girls, who pledge to avoid early pregnancy.

38.Awareness-raising campaigns are also being carried out by the Government and civil society organizations.

Reply to the issues raised in paragraph 8 of the list of issues

39.The Hague Convention has not yet been transposed into domestic law. However, since 2018, the Directorate for Legal and Social Protection has served as the Government’s competent central authority for intercountry adoption. The competent central authority began operating with, inter alia, the creation of a matching commission established under Order No. 029385 of 15 November 2022. The members of this commission took office in December 2022.

40.In addition, an international adoption guide published by the Ministry of Justice has been distributed to all the judicial and administrative authorities with jurisdiction in this matter.

Reply to the issues raised in paragraph 9 of the list of issues

41.To support the inclusion of children with disabilities in schools, the State of Senegal is providing inclusive schools with teaching materials and school kits adapted to such children’s needs. Special education services are also provided at four specialized schools: Talibou Dabo, Centre Verbotonal, Aminata Mbaye and the National Institute for the Education and Training of Young Persons with Visual Impairments.

42.In the context of a project to promote high-quality inclusive education and freedom of choice for children with disabilities, schoolchildren with disabilities underwent medical consultations, on the basis of which they were given equal opportunities cards and their medical expenses were covered. As a result, as at 23 June 2022, 70,510 people with disabilities, including 20,786 children, have received equal opportunities cards, giving them free access to education.

43.In addition, as part of its inclusive education development programme, having finalized a policy document on inclusive and special education and launched a project on inclusive education called “Let’s Teach” (Faire l’École), Senegal broadened the availability of inclusive education throughout the country by setting up inclusive classes in the regions of Dakar, Thiès, Kaolack, Ziguinchor and Saint Louis.

44.Training sessions are regularly organized by the State in collaboration with technical and financial partners to build the capacity of specialized staff and teachers.

45.To combat the stigmatization of persons with disabilities, awareness-raising campaigns are carried out on special occasions such as National Disability Week, White Cane Day and International Albinism Awareness Day.

46.Training in reporting violence is provided for all children by the 46 departmental child protection committees. In accordance with the principle of non-discrimination, the National Child Protection Strategy does not categorize the children to whom it provides support.

47.To complement the work of the departmental child protection committees, the Government has set up reporting mechanisms in the form of free helplines and digital platforms for reporting online violence.

48.Round tables with the administrative authorities have been organized and awareness-raising campaigns to promote the enrolment in school of children with disabilities, including through the establishment of “inclusion clubs”, have been conducted.

Reply to the issues raised in paragraph 10 of the list of issues

49.There are currently no plans to decriminalize abortion in Senegalese law. However, article 35 of the Senegalese Code of Medical Ethics provides that abortion may be carried out if it is the sole means of safeguarding the mother’s life.

Reply to the issues raised in paragraph 10 (a) of the list of issues

50.In order to reduce regional disparities in access to high-quality health care, Senegal has rolled out the $130 million “Investing in mother, child and adolescent health” project 2020–2024 in six regions, namely Kaffrine, Tambacounda, Kédougou, Kolda, Sédhiou and Ziguinchor. The project is intended to increase the uptake of essential reproductive, maternal, neonatal, child and adolescent health services that meet quality standards, while reducing regional disparities in access to quality health care for mothers and children. It has facilitated the decentralization of training for health workers to the regions and improved the availability of human resources in mother-and-child health care through the recruitment into the civil service and contracting of more than 2,000 midwives, nurses and doctors by the State.

51.The project has also had the following results:

Greater last-mile availability of products and supplies essential to the health of mothers and children

Intensification of the integrated management of childhood illness at the clinical and community levels

Strengthening of universal health coverage with free caesarean sections in all regions and free care for children under the age of 5 years

Implementation of an integrated communication plan including national and local campaigns on mother and child health

Reply to the issues raised in paragraph 10 (b) of the list of issues

52.Senegal has undertaken various initiatives to reduce infant mortality, including by setting up maternal and child health programmes. Initiatives to improve access to health care for pregnant women and newborns include:

Incentivization of doctors to specialize in gynaecology and obstetrics, paediatrics, and anaesthetics and resuscitation through the awarding of scholarships

Adoption of an intensive policy on equipment and logistics

Greater last-mile availability of products and supplies essential to the health of mothers and children

Strengthening of emergency obstetrical and neonatal care to ensure greater access to care in the event of obstetric complications

Strengthening of universal health coverage, including free caesarean sections, as well as free care for children under the age 5 years

Scaling-up of high-impact interventions and strategies to combat malaria, malnutrition and diarrhoea and implementation of the Expanded Programme on Immunization

Strengthening of the Expanded Immunization Programme, which has gone from 6 to 12 antigens with the introduction of new vaccines for hepatitis B, rotavirus, pneumococcus, haemophilus influenzae and human papillomavirus

Malaria prophylaxis for pregnant women during prenatal consultations with sulfadoxine-pyrimethamine and promotion of the use of long-lasting insecticidal nets at night

53.As part of its efforts to combat malnutrition, the Senegalese Government has undertaken a number of initiatives aimed at providing fortified food and nutritional supplements to malnourished children and raising awareness of good dietary practices among families. These initiatives include:

Periodic assessment of the nutritional status of pregnant and breastfeeding women during prenatal and postnatal check-ups for advice on good dietary and nutritional practices, the progress and outcome of pregnancy and the health of the newborn

Setting up of nutrition education recovery centres in referral health facilities and nutrition education and recovery units in first-level service points

Strengthening of the multidisciplinary, multisectoral and community-based approach to high-impact actions for children’s survival

Provision of vitamin A supplements, deworming and the fortifying of food for children aged 6 to 59 months with powdered micronutrients

54.Under the “Investing in the early years for human development in Senegal” project, community health and nutrition services were offered for 930,000 children up to the age of 23 months, with the following results:

Screening of 58,735 children to monitor for acute malnutrition in the regions of Diourbel, Fatick, Kaolack, Kaffrine, Kolda, Matam, Tambacounda, Louga, Saint‑Louis and Thiès

Identification of 1,650 children suffering from moderate acute malnutrition and 58 children suffering from severe acute malnutrition

Awareness-raising among 149,858 mothers of children under the age of 23 months on topics relating to infant and young child nutrition and the integrated management of childhood diseases

Capacity-building for 715 educators, including 379 women, to better implement health and nutrition activities

Finalization of a community dialogue guide on nutrition

Organization of the “Wallu Doom” health fair on complementary nutrition for children aged between 6 and 23 months and the launch of a digital communication strategy

Promotion of the early initiation of breastfeeding

Involvement of badjenu gox (neighbourhood grandmothers) in raising awareness of the practice of the exclusive breastfeeding of babies up to the age of 6 months

55.Senegal has been recognized for its efforts to combat HIV/AIDS. Some of the measures taken to increase support for children living with HIV and ensure access to high-quality prenatal services include:

Strengthening communication activities on themes such as early antenatal care, skilled birth attendance and post-delivery care services

Promotion of focused prenatal consultations

Strengthening of emergency obstetric and neonatal care

Screening for infectious diseases such as syphilis and HIV during prenatal check-ups

Implementation of a plan to eliminate mother-to-child transmission of HIV

56.In 2022, the National Anti-AIDS Unit launched the “Let’s take a child by the hand” campaign aimed at providing financial support to children living with HIV/AIDS.

57.The Senegalese Government has also taken steps to combat drug and substance abuse, notably the adoption in October 2023 of an amended draft decree on the implementation of Act No. 2014-14 of 28 March 2014 on the Manufacture, Packaging, Labelling, Sale and Use of Tobacco.

58.To complement the work of the National Committee to Combat Smoking, a prevention programme for reducing the harm of drug consumption and supporting drug addicts, namely the National Programme for Combating Smoking, was adopted by Ministerial Order No. 15.347 of 28 July 2015.

59.Senegal also has the Centre for Comprehensive Addiction Care, which in 2021 treated more than 3,000 persons who use injecting drugs, alcohol, tobacco and Indian hemp.

Reply to the issues raised in paragraph 10 (c) of the list of issues

60.To ensure that all children have access to mental health care, the Senegalese Government provides assistance to maladjusted children and children with mental disabilities in establishments such as the Keur Xaleyi shelter at the National University Hospital of Fann, Diamniadio Children’s Hospital and National Psychiatric Hospital of Thiaroye.

61.To promote training, a specialized child psychiatry unit was established within the Faculty of Medicine, Pharmacology and Oral-Dental Medicine at Cheikh Anta Diop University in 2021.

62.The State also provides access to mental health care for children through the equal opportunities card programme and the universal health-care scheme, which offer free services in public facilities.

Reply to the issues raised in paragraph 11 of the list of issues

63.To ensure that girls are able to benefit from an education, the Senegalese Government has taken measures to combat child marriage and early pregnancy, including:

Adoption of Order No. 007383 of 27 March 2023 on the protection of children and young women in schools and institutions, ensuring that pregnant young women can continue their education during their pregnancy, if their state of health allows, and/or after childbirth

Validation in 2023 of an action plan to end child marriage, whose strategic objectives include raising the legal age of marriage for boys and girls to 18 years without exception, training 10,000 personnel involved in grass-roots activities on the prevention of child marriage and strengthening advocacy and awareness to end child marriage

Implementation of the “New Deal” programme, which contributes to comprehensive efforts to combat early pregnancy and early marriage

64.To prevent sexual harassment and abuse, particularly in schools, the Government, in collaboration with civil society organizations, provides capacity-building support for school management committees. In addition, in 2022, Senegal approved a training module on the protection of children from online abuse, harassment and violence.

65.The bill on the status of daaras has been adopted by the Council of Ministers and the President of the Republic has given instructions for it to be updated before its potential adoption by the National Assembly.

Reply to the issues raised in paragraph 12 (a) of the list of issues

66.The draft text of the new section L-145 of the Labour Code, which raises the minimum age of employment, was examined and validated by the Labour and Social Security Advisory Council, then adopted by the Council of Ministers, and steps have been taken to expedite its final adoption by the National Assembly.

Reply to the issues raised in paragraph 12 (b) of the list of issues

67.Senegal has launched a national framework plan for the prevention and elimination of child labour, which has led to the development and implementation of an education, information and communication programme on the dangers, harms and risks inherent in child labour.

68.In addition, the State, in collaboration with technical and financial partners, regularly organizes awareness-raising and advocacy campaigns to ensure that local authorities take better account of the need to combat child labour and integrate strategies to that end into their sectoral policies.

69.On the legislative front, a strong advocacy campaign is under way to harmonize the Labour Code, in particular section L-145, with the International Labour Organization (ILO) Minimum Age Convention, 1973 (No. 138), which was ratified by Senegal in 1999.

Reply to the issues raised in paragraph 12 (c) of the list of issues

70.The staff of the labour inspectorates has grown in size, with the recruitment of 130 new agents between 2015 and 2022. The budget of the inspectorates was increased by CFAF 80,000,000 over the budget of previous years, and the tools available to them have been upgraded. Between 2021 and 2022, 16 labour inspectors received training in inspection techniques, in particular techniques for conducting inspections in the informal sector, in which more child workers are employed.

71.A methodological guide was drawn up in 2023 to optimize inspection procedures.

Reply to the issues raised in paragraph 13 (a) of the list of issues

72.There are currently no plans to amend article 245 of the Criminal Code. However, the new bill on trafficking would establish specific offences related to begging, with penalties more severe than those currently provided for.

Reply to the issues raised in paragraph 13 (b) of the list of issues

73.To prevent child abuse and ensure that perpetrators are prosecuted, the Government is continuing to raise awareness and provide information to the general public and judicial officials.

74.In 2022, the Government organized an awareness-raising campaign for Qur’anic teachers, which strengthened community advocacy and commitment to respecting children’s rights and combating impunity for the perpetrators of abuse.

Reply to the issues raised in paragraph 13 (c) of the list of issues

75.The Government is continuing the efforts it has deployed in recent years to support children removed from street situations. For example, in 2022, as part of the “Aar Xaleyi” programme, the Assistance and Guidance Centre for Children in Street Situations (the Ginddi Centre) took in 1,177 children at risk. Of these, 392 children returned to their families and 524 children, including 93 girls, benefited from the Centre’s care services. In addition, 419 children, including 45 girls, were trained in handicrafts to help them return to work.

76.To protect children during the coronavirus disease (COVID-19) pandemic, the Government implemented the “Zero children on the street” programme, under which 6,187 street children between the ages of 4 and 17 years received shelter; of those children, 3,000 have been returned to their families.

77.Under an emergency programme developed by Senegal in collaboration with the Government of the Niger, 299 children from that country, including 183 girls, have been removed from street situations and returned.

78.In terms of convictions of perpetrators of child abuse, between 2017 and 2018, at least 25 judicial investigations into alleged abuse committed by Qur’anic teachers or their assistants against talibé children – boys and girls – were opened in eight administrative regions, resulting in over 21 prosecutions and 18 convictions. In 2019, at least seven Qur’anic teachers were convicted of acts of abuse and sentenced to prison.

Reply to the issues raised in paragraph 14 of the list of issues

79.To ensure the application of provisions guaranteeing that the detention of children is used only as a measure of last resort, capacity-building workshops for persons involved in the juvenile justice system are being organized in the jurisdictions of the six courts of appeal of Senegal.

80.With regard to the separation of juvenile prisoners from adult prisoners, only the Dakar region has a prison specifically reserved for minors. However, other regional prisons housing all categories of prisoners – men, women and minors – have separate areas reserved for juvenile inmates. Another protective provision is set out in article 55 of the Code of Criminal Procedure, which provides that minors in police custody must be held in separate cells.

81.In addition, the sentence enforcement judge and the National Observatory of Places of Deprivation of Liberty make unannounced visits to prisons to ensure compliance with the rule on the separation of child prisoners from adult prisoners.

82.Article 83 of the bill on the children’s code provides that a child in conflict with the law may be deprived of liberty only as a last resort and that children benefit from the legal excuse of minority.

83.Non-custodial educational support services are present in 27 of the 46 departments of Senegal and operate with a total budget of CFAF 154,000,000, or CFAF 6,500,000 per service.

Part II

Reply to the issues raised in paragraph 15 (a) of the list of issues

84.The State of Senegal has adopted the following legislative texts:

Constitutional Act No. 2016-10 of 5 April 2016

Organizational Act No. 2016-23 of 14 July 2016 on the Constitutional Council

Act No. 2015-15 of 16 July 2015 authorizing the President of the Republic to ratify the ILO Maternity Protection Convention (No. 183)

Act No. 2016-30 of 8 November 2016 on the Mining Code

Act No. 2016-29 of 8 November 2016 amending Act No. 65-60 of 21 July 1965 on the Criminal Code

Act No. 2016-30 of 8 November 2016 amending Act No. 65-61 of 21 July 1965 on the Code of Criminal Procedure

Act No. 2018/17 of 14 June 2018 authorizing the President of the Republic to ratify the ILO Work in Fishing Convention, 2007 (No. 188)

Act No. 2018/18 of 14 June 2018 authorizing the President of the Republic to ratify the ILO Maritime Labour Convention, 2006 (No. 185)

Act No. 2020-05 of 10 January 2020 amending Act No. 65-60 of 21 July 1965 on the Criminal Code criminalizing rape and paedophilia

Act No. 01-2022 of 14 April 2022 on the Status of Refugees and Stateless Persons

Draft law of 2023 on the Senegalese National Human Rights Commission, replacing Act No. 97-04 of 10 March 1997 on the Senegalese Human Rights Committee

Draft law of 2023 amending Act No. 2009-13 of 2 March 2009 establishing the National Observatory of Places of Deprivation of Liberty

Decree No. 2017-313 of 15 February 2017 on the establishment of gender units in the secretariats general of the ministries

Decree No. 2018 1070 of 30 June 2018 on the organization of the Ministry of Justice, which, in article 22, designates the Directorate of Supervised Education and Social Protection as the competent central authority in matters of intercountry adoption

Decree No. 2018-1236 of 5 July 2018 on the adoption of the National Community‑based Rehabilitation Programme 2017–2021

Decree on the organization of the Ministry of Women, the Family and Child Protection, adopted in the Council of Ministers of 12 April 2023, establishing 14 regional directorates that, under the supervision of the governors, coordinate and monitor the activities of the Ministry at the regional level

Decree No. 1573-2018 of 27 August 2018, under which the National Civil Registration Centre became the Civil Registration Directorate

Circular No. 4322/MFPAA/SG/DFPT/ms of 23 December 2016 on incentive measures targeting a number of institutions for vocational training of persons with disabilities

Circular No. 00179/MJ/DACG/N of 11 January 2018 on procedures for the application of article 5 of regulation No. 05/CM/-UEMOA and the provisions of the Code of Criminal Procedure concerning the presence of a lawyer from the moment of a person’s arrest

Reply to the issues raised in paragraph 15 (b) of the list of issues

85.Regarding new institutions and their mandates, mention may be made of:

The Directorate of Judicial and Social Protection, which is responsible for the judicial and social protection of children at risk and/or in conflict with the law

The National Commission for Refugees and Stateless Persons, whose mandate is to monitor all issues relating to refugees and stateless persons. It is also responsible for ensuring, in liaison with the competent authorities, that fundamental guarantees are respected, and for issuing recommendations on all applications for refugee and stateless status

The Interministerial Committee to Combat Irregular Migration, established in 2021, whose mission is to centralize data and information relating to irregular migration, implement national migration policy and coordinate and monitor the actions of the migration and border surveillance services

The National Agency for Civil Registration in Senegal, which replaces the former national directorate and is responsible for implementing the State’s civil registration policy and coordinating and designing mechanisms for managing the civil registration system

Reply to the issues raised in paragraph 15 (c) of the list of issues

86.With regard to policy, the Government has adopted new strategies for the promotion of children’s rights, including the National Strategy for the Eradication of Female Genital Mutilation 2022–2030 and the associated Plan of Action for Ending the Practice of Excision 2022–2026, the National Family Planning Strategy 2016–2020, the National Civil Registration Strategy 2022 and the National Strategy to Combat Irregular Migration2023–2033 and its three-year action plan.

87.In recent years, under the programme budget, Senegalese ministries have launched several programmes to promote children’s rights. These programmes include:

The children’s programme of the Ministry of Women, the Family and Child Protection, which had a budget of nearly CFAF 20,237,604,259 in 2023

The Social and Judicial Protection Programme of the Ministry of Justice, which had a budget of CFAF 3,104,265,869 for 2023

Reply to the issues raised in paragraph 15 (d) of the list of issues

88.Senegal ratified the Apostille Convention in 2023.

Part III

Reply to the issues raised in paragraph 16 of the list of issues

Children’s programme budget: 2019–2022

Budget lines	2019	2020	2021	2022
Planned	Completed	Planned	Completed	Planned	Completed	Planned	Completed
Children’s Programme 2101	2 458 921 360	2 039 300 019	4 429 060 351	3 434 702 684	10 066 079 160	5 488 648 830	20 908 667 381	12 804 701 730

Reply to the issues raised in paragraph 17 (a) of the list of issues

89.National statistics on cases of abuse, sexual abuse, violence and harassment against children are not available. However, the Directorate for Legal and Social Protection was able to collect the following data concerning the period 2020–2022:

2020

Offence	Boy	Girl	Total
Paedophilia, unnatural offence	1	0	1
Procurement of a minor	0	8	8
Abduction	3	9	12
Child trafficking	11	9	20
Sexual assault resulting in pregnancy	0	38	38
Forced marriage	1	85	86
Rape	29	255	284
Forced begging	1 941	3	1 943
Total	1 987	407	2 393

2021

Offence	Boy	Girl	Total
Abduction	10	19	29
Sexual exploitation	2	2	4
Economic exploitation	25	2	27
Forced begging	1 057	7	1 064
Child trafficking	24	15	39
Total	1 118	45	1 163

2022

Offence	Boy	Girl	Total
Sexual abuse ( touching , paedophilia , rape , etc.)	22	236	258
Indecent act against a child	1	1	2
Sexual touching	0	2	2
Kidnapping of a minor	0	4	4
Abduction	1	0	1
Economic exploitation	11	8	19
Sexual harassment	0	1	1
Early marriage	0	3	3
Forced marriage	15	33	48
Forced begging	148	6	154
Child trafficking	21	23	44
Procurement of a minor	0	8	8
Total	219	325	544

Source : Directorate for Legal and Social Protection.

Reply to the issues raised in paragraph 17 (b) of the list of issues

90.Senegal currently has no disaggregated data on child victims of female genital mutilation. However, analysis of the quarterly notices of the Department of Criminal Affairs and Pardons revealed information on 11 cases of female genital mutilation in respect of which judgment had been passed and a further three cases awaiting judgment.

Reply to the issues raised in paragraph 17 (c) of the list of issues

91.Trends show a significant drop in the rate of young women married before the age of 15 years. Data collected by the National Agency for Statistics reveal a reduction in the proportion of women in their first union before the age of 15 from 9.7 per cent in 2016 to 9.5 per cent 2017. A total of 1,075 pregnancies were reported in schools in 2020, compared with 1,321 pregnancies in 2019.

Reply to the issues raised in paragraph 17 (d) of the list of issues

92.Senegal currently has no disaggregated data on stateless children.

Reply to the issues raised in paragraph 17 (e) of the list of issues

93.Regarding the number of children infected with malaria, the Senegal malaria indicator survey 2020–2021, carried out by the National Agency for Statistics and Demography in collaboration with the National Programme to Combat Malaria of the Ministry of Health and Social Welfare, provides information on the proportion of children aged between 6 and 59 months whose rapid diagnostic test results were positive, broken down by selected sociodemographic characteristics.

Prevalence of malaria among children

Sociodemographic characteristics	Prevalence of malaria according to rapid diagnostic tests
Positive test result	No. of children
Age in months
6 – 8	3.0	23
9 – 11	4.2	33
12 – 17	2.5	64
18 – 23	4.0	56
24 – 35	6.5	115
36 – 47	6.7	130
48 – 59	5.4	114
Sex
Male	5.4	281
Female	5.1	252
Mother interview status
Interviewed	5.1	396
Not interviewed 1	5.8	138
Place of residence
Urban	2.6	110
Rural	6.0	424
Health district
Tambacounda	4.2	233
Bakel	0.0	32
Kidira	3.5	21
Tamba	9.7	58
Makacoulibantang	2.1	37
Diankemakha	3.9	29
Goudiry	3.5	18
Koumpentoum	2.5	38
Kolda	5.5	248
Kolda	6.1	65
Medina Yoro Foulah	1.6	62
Velingara	7.1	121
Kédougou	9.3	53
Kédougou	2.6	24
Salemata	4.7	6
Saraya	17.5	23
Mother’s level of educational attainment 2
None	5.4	281
Primary	4.7	66
Secondary or higher	3.2	48
Economic well-being quintiles
Lowest	6.6	322
Second	3.9	79
Medium	3.7	79
Fourth	3.1	36
Highest	0.0	17
Overall	5.3	534

Rapid diagnostic test (SD BIOLINE Malaria Ag Pf (HRP-2)™)

1 Including children whose mothers have died.

2 Excluding children whose mothers were not interviewed.

94.With regard to the number of children living with HIV, the annual report of the National Committee to Combat AIDS shows that the number of adults and children living with HIV/AIDS is estimated at 41,560, including almost 22,380 women and 3,605 children under the age of 15 years.

95.New infections among children under the age of 4 years fell from 22.2 per cent in 2021 to 20.7 per cent in 2022.

Reply to the issues raised in paragraph 17 (f) of the list of issues

96.Senegal has made progress in reducing the maternal mortality rate. According to the demographic and health survey 2019, Senegal recorded 236 deaths per 100,000 live births in 2019, compared with 392 deaths per 100,000 live births in 2013.

97.The infant mortality rate has also fallen, from 39 deaths per 10,000 births in 2015 to 29 deaths per 1,000 births in 2019.

98.The same applies to child and infant mortality rates, which fell from 21 per thousand to 8 per thousand and from 59 per thousand to 37 per thousand, respectively, between 2013 and 2019.

99.Data from the continuous demographic and health survey 2019 show that the rate of neonatal mortality is higher in male children (22 per thousand) than in female children (19 per thousand). This rate varies by geographical area. The lowest rate (19 per thousand) is recorded in the western regions, while the highest rate (28 per thousand) is recorded in the northern regions. Place of residence correlates significantly with neonatal mortality, the rate being higher in rural areas (24 per thousand) than in urban areas (15 per thousand).

100.The demographic and health survey 2019 of the National Agency of Statistics and Demography presents data on the nutritional status of children under the age of 5 years, broken down by selected sociodemographic characteristics. Overall, almost one child in five, or 18 per cent of children, suffers from chronic malnutrition and 5 per cent suffer from severe malnutrition.

101.The prevalence of chronic malnutrition varies significantly according to the age of the child. There is a significant increase from the 12–17-month age range, during which around one child in five, or 20 per cent, suffers from this form of malnutrition, to the 18–23-month age range, when the rate of chronic malnutrition peaks at 28 per cent. Thereafter, prevalence begins to fall very slightly, but remains high, with 21 per cent of children between the ages of 24 and 35 months and 18 per cent of those between the ages of 36 and 47 months suffering from chronic malnutrition.

102.Chronic malnutrition affects boys as much it affects girls (19 per cent as against 17 per cent). However, it affects children living in rural areas more than it affects children living in urban areas (21 per cent as against 12 per cent). The severe form affects 6 per cent of children in rural areas, compared with 3 per cent of children in urban areas. Results by region show that all regions are affected by chronic malnutrition, with prevalence ranging from a high of 22 per cent in the south to a low of 13 per cent in the west. The results also show that the prevalence of chronic malnutrition is clearly influenced by the level of educational attainment of the mother, falling from 19 per cent among children of mothers with no education to 16 per cent among children whose mothers have a primary-school level of education and to 14 per cent among children whose mothers have an intermediate/secondary‑school level of education or higher.

Reply to the issues raised in paragraph 17 (g) of the list of issues

103.The State of Senegal currently has no disaggregated data on children in situations of drug and substance abuse. However, the Centre for Comprehensive Addiction Care recorded having provided support to almost 200 children and residential care to more than 50 children in 2021.

Reply to the issues raised in paragraph 17 (h) of the list of issues

104.The State of Senegal currently has no disaggregated data on children with disabilities, including intellectual and psychosocial disabilities.

Reply to the issues raised in paragraph 17 (i) of the list of issues

105.The State of Senegal currently has no disaggregated data on children living in poverty.

Reply to the issues raised in paragraph 17 (j) of the list of issues

106.The legal framework governing the status of refugees and stateless persons was not put in place until 2022, when Act No. 2022-01 of 14 April 2022 on the Status of Refugees and Stateless Persons was adopted. The Act is not yet applicable, as its implementing decrees are still being drawn up. Since the national commission responsible for receiving applications for refugee or stateless status has not yet been set up, there is no currently no disaggregated data on asylum-seeking children.

107.The same applies to data on the number of migrant children in detention in Senegal. However, it is known that, as at 26 June 2023, 1,111 inmates of a total of 13,284 inmates, or 8.36 per cent, including both children and adults, were foreign nationals. In 2022, the prisons of Senegal held 107 foreign juvenile prisoners out of a total of 1,687.

Reply to the issues raised in paragraph 17 (k) of the list of issues

108.No specific data on child labour in Senegal are available.

Reply to the issues raised in paragraph 17 (l) of the list of issues

109.The requested data are not available, but a map of existing daaras is currently being drawn up by the Daaras Inspectorate and should provide reliable national statistics on talibé children living in street situations in Senegal.

Reply to the issues raised in paragraph 17 (m) of the list of issues

110.Data on cases of confiage are not available.

Reply to the issues raised in paragraph 18 (a) of the list of issues

111.The Directorate for Legal and Social Protection database provides the following data for 2022: of a total of 11,356 minors at risk and victims, including 5,327 girls and 6,029 boys, 507 children were taken into care for reasons related to lack of a family (children declared abandoned or born to unknown parents).

112.The table below provides a breakdown of the number of children deprived of a family by age group.

Age	Sex
Boys	Girls
0 – 5	7	5
5 – 10	1	2
10 – 15	293	198
15 – 18	0	1
Total	301	206

Source: Directorate for Legal and Social Protection.

Reply to the issues raised in paragraph 18 (b) of the list of issues

113.Data from the services of the Directorate for Legal and Social Protection are not disaggregated according to socioeconomic criteria, ethnic origin, geographical area, etc., only by age, sex and type of service having assisted in or taken charge of the case.

114.For example, the table below shows, for the period 2020–2021, the number of children at risk and victims taken into care by centres run by the Directorate for Legal and Social Protection, although it has not been possible to indicate the number of children taken into care exclusively for reasons of lack of a family.

Year	Boys	Girls	Total
2020	2 304	1 914	4 218
2021	2 565	2 427	4 992
2022	2 079	2 344	4 423

Source: Directorate for Legal and Social Protection.

Reply to the issues raised in paragraph 18 (c) of the list of issues

115.No data are available on children placed with foster families.

Reply to the issues raised in paragraph 18 (d) of the list of issues

116.No data are available on children placed with another family on an informal basis.

Reply to the issues raised in paragraph 18 (e) of the list of issues

Children adopted through intercountry adoption in the last three years

No.	Age	Sex	Socioeconomic situation	Ethnicity	Geographical area	Country of residence of the adoptive family
1	8 years	F	Disadvantaged	Tukulor	Matam	Spain
2	7 years	F	Disadvantaged	Wolof	Dakar	Spain
3	7 years	M	Average	Wolof	Dakar	Spain
4	5 years	F	Disadvantaged	Sérère	Mbour	Spain
5	6 years	M	Average	Peul	Kaolack	Spain
6	7 years	F	Disadvantaged	Wolof	Dakar	Spain
7	4 years	F	Disadvantaged	Wolof	Dakar	Spain
8	5 years	M	Disadvantaged	Sérère	Kaolack	Italy

Source: Directorate for Legal and Social Protection.

Reply to the issues raised in paragraph 19 (a) of the list of issues

117.No data are available on children with disabilities who are living with their families.

Reply to the issues raised in paragraph 19 (b) of the list of issues

118.There are no statistics disaggregated by age, gender, type of disability, ethnic origin or geographical area on the number of children with disabilities living in institutions.

Reply to the issues raised in paragraph 19 (c) of the list of issues

119.No data are available on children with disabilities attending primary school.

Reply to the issues raised in paragraph 19 (d) of the list of issues

120.No data are available on children with disabilities attending secondary school.

Reply to the issues raised in paragraph 19 (e) of the list of issues

121.With regard to the number of children in specialized institutions in Senegal, in 2023, the Talibou Dabo Institute registered 101 children in elementary classes.

122.The Aminata Mbaye Institute, which specializes in supporting persons with disabilities, has a capacity of 150, as does the National Institute for the Education and Training of Young Persons with Visual Impairments.

Reply to the issues raised in paragraph 19 (f) of the list of issues

123.No data are available on children with disabilities who are out of school.

Reply to the issues raised in paragraph 19 (g) of the list of issues

124.No data are available on children with disabilities who have been abandoned by their families.

Reply to the issues raised in paragraph 20 (a) of the list of issues

125.The tables below provide information on minors imprisoned over the last three years, disaggregated by type of offence, age, gender and geographical area.

Minors in prison in 2020 by type of offence

Offence	Senegalese	Foreigners	No.
Boys	Girls	Boys	Girls
1-Theft or possession of stolen goods	449	1	16	0	466
2-Possession/use of Indian hemp	125	1	8	1	135
3-Drug trafficking	0	0	1	0	1
4-Assault and battery	116	16	2	2	126
5-Deceit, fraudulent conversion, forgery or use of forged documents	23	3	2	0	27
6-Rape, indecent assault or paedophilia	55	0	6	0	66
7-Non-possession of health and welfare card or procuring	0	1	0	1	1
8-Infanticide	0	3	0	0	3
9-Abortion	1	1	0	0	2
10-Murder, assassination or parricide	24	0	0	0	24
11-Intentional or involuntary homicide	19	1	0	0	20
12-Use of threats, use of violence, assault or bodily harm	30	2	1	0	33
13-Insulting or refusing to obey a law enforcement officer	10	1	1	0	11
14-Vagrancy or begging	1	0	0	0	1
15-Fraud	2	0	0	0	2
18-Other	91	0	2	2	99
Total	946	20	46	6
Grand total		1 018

Minors in prison in 2021 by type of offence

Offence	Senegalese	Foreigners	No.
Boys	Girls	Boys	Girls
1-Theft or possession of stolen goods	539	12	26	1	578
2-Retention and use of Indian hemp	96	1	11	0	108
3-Drug trafficking	4	0	3	0	7
4-Assault and battery	126	13	3	0	142
5-Deceit, fraudulent conversion, forgery or use of forged documents	16	1	2	0	19
6-Rape, indecent assault or paedophilia	47	0	6	0	53
7-Non-possession of health and welfare card or procuring	8	0	0	0	8
8-Infanticide	0	1	0	0	1
9-Abortion	0	1	0	0	1
10-Murder, assassination or parricide	20	0	0	0	20
11-Intentional or involuntary homicide	9	0	0	0	9
12-Use of threats, use of violence, assault or bodily harm	84	0	1	0	85
13-Insulting or refusing to obey a law enforcement officer	6	0	1	0	6
14-Vagrancy or begging	4	0	0	0	4
15-Fraud	2	0	0	0	2
16-Selling alcohol without a licence	0	0	0	1	1
17-Terrorism	1	0	0	0	1
18-Other	12	0	2	0	14
Total	974	29	55	2
Grand total		1 060

Minors in prison in 2022 by type of offence

Offence	Senegalese	Foreigners	No.
Boys	Girls	Boys	Girls
1-Theft or possession of stolen goods	737	72	37	2	848
2-Possession and use of Indian hemp	97	16	7	4	124
3-Drug trafficking	4	7	3	0	14
4-Assault and battery	133	64	7	9	213
5-Deceit	7	65	1	1	74
6-Fraudulent conversion	4	37	0	2	43
7-Forgery and use of forged documents	1	18	0	5	24
8-Rape	43	00	3	0	46
9-Indecent assault or paedophilia	8	1	0	0	9
10-Non-possession of health and welfare card	00	32	0	7	39
11-Procuring	00	5	0	0	5
12-Infanticide	00	5	0	1	6
13-Abortion	00	9	0	0	9
14-Murder, assassination or parricide	24	5	0	0	29
15-Intentional or involuntary homicide	18	00	1	0	19
16-Use of threats, use of violence, assault or bodily harm	37	12	1	0	50
17-Insulting or refusing to obey a law enforcement officer	1	6	0	2	9
18-Vagrancy or begging	5	00	0	0	5
19-Fraud	1	00	2	0	3
20-Selling alcohol without a licence	00	1	0	0	1
21-Terrorism	00	1	0	0	1
22-Illegal wood cutting	1	00	5	0	6
23-Other	66	42	2	5	115
Total	1 187	398	69	377
Grand total					1 691

Prison population by sex and age, as at 31 December 2020

Facility	13 – 18 years
Boys	Girls
MAC Hann	79
MAF Liberté VI		3
MAC Ziguinchor	4
MC Sébikotane	1
MAC Diourbel	19
MAC Saint-Louis	24
MAC Matam	8
MAC Tambacounda	20
MAC Cap Manuel	18
MAC Kédougou	20
MAC Kaolack	21
MAC Thiès	14
MAC Mbour	17
MAC Louga	2
MAC Kolda	6
Total	253	3
Grand total	331

Prison population by sex and age, as at 31 December 2021

Facility	13 – 18 years
Boys	Girls
MAC Hann	127
MAF Liberté VI		2
MAC Ziguinchor	6
MAC Diourbel	33
MAC Saint-Louis	13
MAC Matam	26
MAC Tambacounda	2
MAC Kédougou	29
MAC Kaolack	19
MAC Thiès	20
MAC Mbour	8
MAC Louga	13
MAC Kolda	10
Total	329	2
Grand total	331

Prison population by sex and age, as at 31 December 2022

Facility	13 – 18 years
Boys	Girls
MAC Hann	125
MAF Liberté VI		6
MAC Ziguinchor	7
MAC Diourbel	27
MAC Saint-Louis	30
MAC Matam	6
MAC Tambacounda	6	1
MAC Kédougou	5
MAC Kaolack	35
MAC Thiès	18
MAC Mbour	22
MAC Louga	16
MAC Kolda
Total	304	7
Grand total	311

MAC: Detention and correctional centre MAF: Women’s detention and correction centre .

Reply to the issues raised in paragraph 20 (b) of the list of issues

126.No data are available on the number of juvenile detainees referred to diversion programmes.

Reply to the issues raised in paragraph 20 (c) of the list of issues

127.As at 31 December 2020, the Prison Directorate counted 199 minors in pretrial detention out of the 256 incarcerated in the country’s prisons.

128.In 2021, out of 331 juvenile prisoners, 267 were in pretrial detention, and in 2022, out of 311 juvenile prisoners, 254 were in pretrial detention.

Reply to the issues raised in paragraph 20 (d) of the list of issues

129.In 2022, of the 311 juvenile inmates in the country’s prisons, 186 were held in adult prisons but segregated into wards reserved exclusively for minors.

Reply to the issues raised in paragraph 20 (e) of the list of issues

130.As at 31 December 2020, 256 minors were incarcerated in prisons, including two (3) girls.

131.Of the 100 convicted prisoners:

1 was serving a sentence of between 4 and 5 years

45 were serving sentences of between 15 days and 1 year

47 were serving sentences of between 1 and 2 years

7 were serving sentences of between 2 and 4 years

132.As at 31 December 2021, 331 minors were incarcerated in prisons, including two (2) girls.

133.Of the 64 convicted prisoners:

39 were serving sentences of between 15 days and 1 year

14 were serving sentences of between 1 and 2 years

9 were serving sentences of between 2 and 4 years

2 were serving sentences of between 4 and 5 years

134.As at December 2022, 311 minors were incarcerated in prisons, including seven (7) girls.

135.Of the 57 convicted prisoners:

42 were serving sentences of between 15 days and 1 year

8 were serving sentences of between 1 and 2 years

6 were serving sentences of between 2 and 4 years

1 was serving a sentence of more than 5 years

Reply to the issues raised in paragraph 21 of the list of issues

136.The Senegalese Government’s public policies and programmes have always been planned according to a child rights-based approach. This is true of the Plan for an Emerging Senegal, in particular axis two, and all other strategies implemented to promote and protect children’s rights under the Convention and the Optional Protocols thereto. These include policies to combat poverty, malnutrition, infant, child and neonatal mortality, the right to a healthy environment, free access for children to education, health care and birth registration, and policies to protect children from female genital mutilation, forced marriage, early pregnancy, begging and trafficking.

137.For these programmes and policies to be operational, they must be developed with the full and effective participation of children.

Reply to the issues raised in paragraph 22 of the list of issues

138.Data in the report that may have become outdated include the information provided on Act No. 76-03 of 25 March 1976 on the Treatment of Leprosy and the Social Rehabilitation of Healed and Maimed Lepers, which became obsolete following its repeal through Act No. 2023-04 of 13 June 2023.

Reply to the issues raised in paragraph 23 of the list of issues

139.Areas affecting children that the State of Senegal considers to be of priority with regard to the implementation of the Convention include:

Adoption of the children’s code

Eradication of female genital mutilation and early pregnancy

Protection of children against all forms of trafficking, in particular for the purposes of forced begging and sexual exploitation

Protection of children online

Strengthening of inclusive education for children with disabilities

Reinforcing of children’s mental health care