Senegal
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I. National legal protections
A. Are environmental rights protected within the national constitution?
Art. 8 of the Constitution provides that the “Republic of Senegal guarantees to all citizens the (…) right to a healthy environment.”1
Art. 25-1 specifically addresses the protection of the environment. It states that:
“The natural resources belong to the people. They are used for the amelioration of the conditions of life. The exploitation and the management of the natural resources is made with transparency and in a fashion to generate economic growth, to promote the wellbeing of the population in general and to be ecologically sustainable. The State and the territorial collectivities have the obligation to see to the preservation of the land patrimony.”
Art. 25-2 further guarantees the right to a healthy environment for everyone. It states that:
“Each has the right to a healthy environment… The public powers have the obligation to preserve, to restore the essential ecological processes, to promote the responsible management of species and of ecosystems, to preserve the diversity and the integrity of the genetic patrimony, to require environmental evaluation of the plans, projects or programmes, to promote environmental education and to assure the protection of the populations in the drafting [elaboration] and the implementation of projects and programs of which the social and environmental impacts are significant.”
Art. 25-3 adds that: “Every citizen has the duty to preserve the natural resources and the environment of the country and to work for sustainable development for the benefit of the present and future generations.”
Art. 87-1 details the powers of the Economic, Social and Environmental Council. It should be consulted by the President of the Republic, the Parliament or the government on any environmental issue. Any plan or any bill related to the environment can be submitted to the Council for its opinion or, it can, on its own initiative, emit its opinion.
Senegal has also ratified several human rights and environmental treaties, including the Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa and the Basel Convention which aims to protect human health and the environment against the adverse effects of hazardous wastes.2
Senegal has also ratified the CRC3 and incorporated the CRC directly into the Preamble of its Constitution. Senegal follows the monist approach towards international law.4 Monism is the doctrine of automatic incorporation. This means that once a treaty is ratified by a State and published at a domestic level, it is automatically incorporated into national law and can be invoked before domestic courts.
B. Have constitutional rights protections been applied by national courts with regards to environmental issues?
To date, neither the Constitutional Court nor the Supreme Court have addressed constitutional rights in the context of environmental cases.
Nevertheless, the national courts have been more active on environmental issues since 2013 following the Almadraba Uno case. This case involved a Spanish vessel that ran aground on a small rocky island (Madeleine Island). The vessel dumped oil into a marine protected area due to negligence on the part of the crew. The Dakar Regional Court recognised several environmental damages, including damage to aquatic ecosystems and species, as well as individual and collective damages. The Court sentenced the ship's captain to imprisonment and damages, based on Article 98 of the Environmental Code which deals specifically with oil dumping and taking into account that Madeleine Island is a protected natural area.5
C. Has the concept of intergenerational equity been applied within national courts? If yes, in what circumstances?
Based on available information, national courts have not addressed the concept of intergenerational equity. However, Art. L.2 of the Environment Code defines sustainable development as “the use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.”6
D. What legislation is in place to regulate environmental protection? Are there any proposals for legal reforms currently under review in the national legislature?
The Environmental Code, adopted in 2001, is the primary regulatory framework providing for environmental protection.7 It sets out guidelines for the good management of the environment and the processes for evaluating and examining environmental impact studies. Environmental impact studies are intended to provide an assessment of the environmental impact of a proposed action, whether a plan, policy, programme, or project, before the decision to execute the proposed action is made.
Other legal instruments pertaining to the protection of Senegal’s environment are:
- The 1981 Water Code which provides guidelines for proper water management in Senegal, specifically in the health and pollution control sectors. It safeguards against the exploitation of water resources and guarantees sanitary water in compliance with World Health Organisation standards.
- Law No. 98-32 of 14 April 1998 on the Maritime Fishing Code and its implementing decree.8
- The Forest Code 1998, Decree No. 1445 and Law No. 2018-15 which regulates classified forests and national road construction, among other forestry issues.9
- Mining Code (Law No 2003-36 of 24 November 2003 and its implementing decree No°2004-647 of 17 May 2004).10
- Provisions relating to the mandate of the Senegal River Development Organisations (OMVS), which seek to manage the common resources in the Senegal River.11
E. Is there any specific national policy addressing childhood exposure to toxic substances? If so, what is considered a safe level of exposure and what is the process for determining safe levels of exposure?
To date, there is no specific national policy addressing child exposure to toxic substances. The Environment Code provides general measures to protect human health12 and Senegal has developed specific reference documents to assess the impact of toxic substances on children.13
F. Is the country equipped with pollutant release and transfer registers? If yes, do these registers take into account child specific factors regarding the substances for which data is gathered and the type of data generated?
Senegal has developed various registers, including an inventory of emissions and transfers of pollutants, a pesticide registry and a dioxins and furans registry.14 Combating pollution is one of the main objectives of the Sustainable Development National Strategy.15
However, no child-specific factors could be identified.
G. Does the State assert extra-territorial jurisdiction for any environmental issues?
In Senegalese criminal law, extra-territorial jurisdiction is limited to international crimes and acts of terrorism.16 There is no evidence suggesting that Senegal asserts extra-territorial jurisdiction for environmental issues. However, Senegal is a State party to the International Convention for the Prevention of Pollution from Ships, which does mandate extra-territorial jurisdiction over individuals and conduct abroad.17
II. Accessing courts
A. How can environmental cases be brought before national courts?
There is no specific avenue under the judicial branch of the Senegalese government by which to bring environmental cases before national courts. However, environmental cases can be brought before national courts (i.e. civil, criminal, constitutional).
In general, the Constitutional Council rules on constitutional matters. The council examines pleadings of unconstitutionality of laws, procedures, and international engagements. The Council’s decisions are not subject to appeal and are binding on all authorities.18 There are restricted rules of standing, which do not allow direct individual access to the Council. Specifically, the Council is restricted to the executive, the legislature, and the judiciary.19 No individual – including legal practitioners – can directly submit a case to the Constitutional Council. However, individuals can go through the judiciary to access the Council by invoking the exception of unconstitutionality of law during a proceeding before the Court of Cassation or State Council.20 These courts must then refer the issue to the Constitutional Council for a decision.
Alleged violations that are not specifically constitutional matters are brought to the civil, criminal or administrative courts.21
B. What rules of standing apply in environmental cases?
According to Art. L 107 of the Environment Code, local authorities and environmental protection associations which are recognised by the State may bring actions before the competent courts.
In the event of ecological damage resulting from a criminal offence, individuals and associations may bring an action before the criminal court if the environmental damage causes them direct and certain harm. For example, the National Agency for Maritime Affairs (ANAM) brought a civil action before the criminal court and was classed as a competent legal entity to take legal action under public law.22 The public Ministry is also empowered to bring cases and has done so, including in the Almadraba Uno case.23
A civil action can be brought by an individual in Senegal, where the victim of a crime seeks compensation. The claim for damages must be made at a trial, and the civil action then runs separately to the public criminal prosecution.24
C. Do these rules of standing differ when children are the complainants and if so in what way?
Under Senegalese law the age of civil majority is 18.25 A child cannot bring a case in court, but the Family Code states that a legal administrator is to represent the minor in all acts of civil life.
The Penal Code and the Code of Criminal Procedure contain special provisions to protect the rights of children in danger. The parents / guardian of a child whose rights have been violated, or the prosecutor, can bring a claim before the juvenile court. The claims can even be brought by the representative of a specialised administrative or judicial service provider.26
D. What is the burden and standard of proof for allegations of personal injury as a result of toxic exposure?
Based on our research, there does not appear to be a specific standard of proof for allegations of personal injuries due to toxic exposure.
In general, the petitioner should document and prove the substance of the complaint. For instance, Art. 9 of the Code of Civil and Commercial Obligations provides that the person who makes the claim has a burden of proof. Art. 12 of the Code mentions a few examples such as written letter, testimony, presumption of a fact, oath or judicial confession.
E. What limitation periods apply in environmental cases?
No specific limitation period could be found with respect to environmental cases. More generally, the statute of limitation is mentioned in the Civil procedure Code. In administrative proceedings, the limitation period is two months (Art. 729). In criminal matters, the limitation period is 20 years for acts which qualify as crimes, five years for offences, and one year for an act which is only sanctioned by a fine.27
F. Is legal aid available in environmental cases? If so, under what circumstances?
Subsidised legal assistance exists in Senegal. Article 24 of the Civil Procedure Code provides that the principal appellant may be required to pay up to 20,000 francs to file a case. Art. 728 mentions that this fee is not payable in cases where legal aid is provided, at the court’s discretion.
However, free legal aid is still limited. Some associations, such as RADI, offer legal counselling.28
III. Remedies
A. What remedies are courts empowered to impose in environmental cases?
The Environmental Code designates courts with the power to impose criminal sanctions (including fines and penalties) and administrative penalties (including obligation to regularise, payment orders or suspension of the installation), as remedies for environmental cases.29
B. What remedies have courts ordered in environmental cases to date?
The Supreme Court has adjudicated narrow environmental remedies based on statutory provisions in the Environmental Code. The Supreme Court considered the application of Article L.48 of the Environmental Code, which states that any development project or activity likely to harm the environment must be subject to an environmental assessment. The Court held that the decision of a local council to allocate national land for the establishment of a salt processing plant, made without an environmental assessment, was unlawful, and annulled the allocation.30
Similarly, another Supreme Court case applied a remedy based on the violation of the Environmental Code. Under Article L.13 of the Environmental Code, certain projects must, prior to their construction or commissioning, be authorised by the Minister of the Environment. Because the project in question was not duly authorised, the Court ordered its cancellation.31
The Supreme Court has also ruled in favour of a business receiving complaints of noise nuisance under the Environmental Code. Article L.23 of the Environmental Code provides that “in the event that the operation of classified installations presents (...) dangers or serious drawbacks that the measures to be taken by virtue of the provisions of this law are not likely to make disappear, the closing or removal of these installations must be ordered (...) by the Minister of the Environment''. For instance, in a case involving the Italo-Senegalese Company of European Machines, the Special Section for Environmental Protection of the Police received a complaint of a noise nuisance and disturbance of the local neighbourhood caused by that company. In response, the Regional Division of the Environment and Classified Establishments sent a formal notice to the company to stop all activity on the site and relocate to an appropriate area, and approximately three months later, the Minister of the Environment declared the company’s location closed. The court held that the Minister’s actions were erroneous because the closure did not occur after a consultation with the Ministers of the Interior, Public Health, and Social Affairs and Industry after the operator had a chance to respond to the complaint, and annulled the closure of the company.32
C. Are there any administrative authorities empowered to act on environmental complaints and if so, how are they empowered to respond to complaints?
Six administrative authorities are empowered to act on environmental complaints at the national, regional, and local level.33
The Economic, Social, and Environmental Council (“ESEC”)
- The ESEC is Senegal’s second-highest Constitutional Assembly. It was established by Constitutional Amendment in 2012,34 and issues opinions and research regarding Senegal’s environmental policies among others.35 More specifically, the ESEC acts as a consultative assembly for public authorities, suggests adjustments to environmental policies,36 and monitors progress in the implementation of recommended policies. Under the ESEC’s rules, the President must seek the ESEC’s prior approval and opinion on “draft programming or planning laws relating to, inter alia, environmental matters.”37 Moreover, the ESEC may, on its own initiative, alert the Government of any reforms deemed necessary with regard to environmental issues. Citizens themselves may issue complaints to the ESEC regarding any social, economic, or environmental matter, via a petition with a minimum of 5,000 signatures.38 While the ESEC does not seem to have power to directly address environmental concerns, their authority lies in their capacity to advise the government as to environmental reforms it deems necessary, and citizens may access this institution directly through petition.
The Ministry of the Environment, Sustainable Development and Ecological Transition (“MESD”
- The MESD is Senegal’s centralised institution responsible for preparing, implementing, and enforcing the country’s environmental policies, subject to the powers devolved to local authorities. Its obligations include: taking measures to combat pollution, exercising authority over all national parks and other protected areas, protecting marine life, preparing and applying hunting laws and regulations, developing environmental education, and regulating the use of the forest economy (including reforestation efforts). Following the United Nations Conference on Environment and Development (“UNCED”), two additional institutions were created to assist the MESD in implementing environmental policies: the High Council of Natural Resources and Environment, which is responsible for ensuring that the different institutional actors responsible for managing natural resources are acting cohesively, and the National Commission for Sustainable Development, which is responsible for informing governmental authorities on issues relating to sustainable development. These authorities are responsible for enforcing all environmental laws and regulations, and citizens can contact the ministry directly through a specified phone number on the Ministry’s website.39
The Department of Environment and Classified Establishments (“DEEC”) and the Environmental Emergency Management Centre (“EEMC”)
The DEEC is the national body, also within the Ministry of the Environment and Sustainable Development, responsible for the implementation of the government’s environmental policy, particularly the protection of nature and people against pollution and other environmental nuisances. The DEEC is tasked specifically with monitoring the actions of various actors and organisations with respect to the environment, and developing legal texts concerning the environment.40
Within the DEEC there is the Climate Change Division (“DCC”); a technical unit for the implementation of the objectives of the Climate Change Convention at the national level.41 The DCC is responsible for Senegal's national objectives towards greenhouse gas emissions reductions (mitigation) and adaptation objectives and projects. Through the National Climate Change Committee (COMNAC) and its sub-committees, it also carries out activities such as awareness raising and training on climate change, dissemination of information and communication on climate change, validation of climate change studies and consideration of climate change in policies, plans and programmes, among others.42
Also within the DEEC is the Environmental Emergency Management Center (“EEMC”), which is responsible for receiving complaints relating to environmental and social matters (particularly relating to any projects and programs), and complaints may be addressed to this institution at either the national or regional branches. The EEMC has also set up a free environmental emergency number, accessible 24-hours a day, seven days a week. This complaint mechanism is enforced by a special section of the police charged with the protection of the environment.43
National Climate Change Committee (“COMNAC”)
The COMNAC “is a body for coordination, consultation, training, awareness-raising, management and monitoring of the various activities identified in the context of the implementation of the United Nations Framework Convention on Climate Change and its additional legal instruments”.44 This Committee brings together various State and private entities and is composed of the carbon sequestration sub-committee and the energy sub-committee.45 However, if necessary, other sub-committees may be created by order of the Minister in charge of the Environment.46
The Senegalese Human Rights Committee (“the Committee”)
The Committee was established by law in 1970 and it is the State human rights institution, responsible for making proposals for the implementation of the decisions regarding human rights. It serves as “an intermediary between public powers and human rights non-governmental organisations, and coordinates the work of those organisations.”47 As an independent institution, the Committee primarily engages in consultation, observation, dialogue, evaluation and promotion of human rights.48 It has four thematic units: women’s rights, children’s rights, rights of disabled persons, and environmental law. The laws creating the Committee give it the right to carry out investigations on its own initiative, obtain any information necessary to assess human rights situations, and make recommendations to the competent authorities. The Committee can also receive complaints from individuals and complaints against any public institution or authority, including the police, and may, in response to such complaints, (i) seek an amicable settlement through conciliation or mediation; (ii) inform complainants of their rights and any available remedies, and help them access them; (iii) forward complaints to any other competent authority; and (iv) ensure that communications to and from the Committee remain confidential.49
Local Enforcement and Response
Local authorities are often responsible for protecting and managing the environment and natural resources, under the control of decentralised administrative authorities, and “in close collaboration with the technical services responsible for managing environmental issues.”50 The aim of the Senegal National Adaptation Plan was to increase the capacity of sectoral ministries and local governments to more accurately assess the effects of climate change and to adjust existing budgets and policies to take medium- and long-term climate change risks and adaptation measures into account.51 However, the country ultimately suffers from “a lack of financial and human resources, and a lack of synergy in its operations to tackle environmental problems, with, in particular, the absence of an across-the-board management mechanism suitable for the environment.”52
There is no provision for children's rights in the Senegal National Adaptation Plan. Similarly, analysis of the Sectoral Development Policy Letters (“LPSD”), which define the priorities of the government in the sector for a period of 5 years with an implementation budget, shows a lack of consideration of children's rights and gender equity in climate change mainstreaming.
IV. Civil and political rights
Freedom of peaceful assembly
A. How is children’s right to engage in peaceful assembly, including protests, protected in national law?
The right of children, and all persons, to engage in peaceful assembly, including protests, is protected within the Constitution of Senegal. Article 8 of the Constitution broadly enumerates and protects the right to freedom of assembly as follows: “The Republic of Senegal guarantees to all citizens the fundamental individual freedoms, the economic and social rights as well as the collective rights. These freedoms and rights are notably – the civil and political freedoms…[including] freedom of assembly”. Additionally, Article 10 of the Constitution states that: “Each one has the right of expression and to disseminate their opinion freely by word, pen, image, [and] peaceful march, provided that the exercise of these rights does not infringe the honour and the consideration of others, or the public order”.
Freedom of assembly and freedom of association are also enshrined in Articles 811 et seq. of Act No. 68-98 of 26 March 1968, the Code of Civil and Criminal Obligations, and Article 7 of Act No. 97-17 of 1 December 1997, the Labour Code.53
The right of children to engage in peaceful assembly is also protected under Senegalese law through the CRC to which Senegal is a party.54 As discussed in Section I (A) of this research paper, Senegal follows a monist approach to international law which means that once a treaty is ratified by a State and published at domestic level, it is automatically incorporated into national law and can be invoked before domestic courts.
Moreover, Article 98 of the Constitution provides that “treaties and agreements duly ratified shall upon their publication have an authority superior to that of the laws subject to its application by the other party,” and that the rights afforded by those treaties are enforceable in domestic court.55
For these reasons, the African Charter also has the full force and effect of domestic law in Senegal. The African Charter protects children’s right to engage in peaceful assembly. Article 8 provides that “[e]very child shall have the right to free association and freedom of peaceful assembly in conformity with the law.”
B. Are there any legal limitations on the right of children to engage in peaceful assemblies?
Article 15(1) of the CRC provides that State Parties “recognise the rights of the child to freedom of association and to freedom of peaceful assembly.” This right may only be limited in the interest of national security, public safety, the protection of public health, and the rights and freedoms of others.56
In Senegal, anyone wishing to exercise the right to demonstrate by means of a peaceful march must make a prior declaration to that effect. While there is no need to seek prior authorisation, the responsible administrative body for overseeing public meetings may, in light of its policing functions, alter the route of the demonstration or postpone it for a duly reasoned decision subject to administrative or judicial appeal.57
However, despite the right to peaceful assembly being enshrined in the Senegalese constitution and in international law, the repeated bans on demonstrations, together with the death of people during such protests, represent a real threat to the right to protest in Senegal.58
In March 2021, fourteen people, including three children, were killed when security forces used live ammunition to disperse nationwide protests – some of which had turned violent – in Dakar, Bignona, Kaolack and Diaobé, following the arrest and detention of Ousmane Sonko. At least 400 people were injured.59
Several counterterrorism laws modify the penal code and Criminal Procedure Code and were approved by the national assembly by a vote of 70 to 11. The Senegalese Government said the laws were aimed at “strengthening the fight against terrorism…” and define “terrorist acts” to include “seriously disturbing public order”, “criminal association” and “offences linked to information and communication technologies”, all punishable with life in prison. The laws make it a criminal offence to “incite others” to carry out acts of terrorism, but the laws do not define incitement and provide a very broad definition of what constitutes “terrorism”, which could potentially put protest organisers, organisations and media outlets at risk of prosecution. The laws also allow the confiscation of the organisers’ and their associated organisation’s property.60
On the 31st March 2022, the ECOWAS Court of Justice ruled that the Ministerial Order No.7580 of 20th July 2011, which prohibits “political demonstrations”, should be repealed.
C. What penalties can be imposed on children for engaging in school strikes?
School student and co-Founder of ‘Fridays for Future Senegal’ Maureen Damen (born 2003) has initiated several of the Fridays for Future Senegal protests.61
There is no evidence suggesting that these climate-related strikes have been disrupted by the Senegalese authorities, and Senegal has not passed laws setting out penalties on children for engaging in school strikes.
Nevertheless, other education-related strikes have taken place in Senegal in which the authorities have responded with force.62 For instance, in the south of the country, soldiers wounded two students during a demonstration demanding basic school improvements, such as hiring more teaching personnel and having access to the Internet, when they shot into the air to disperse the crowd that had blocked traffic.63
Freedom of expression
A. How is children’s right to freedom of expression protected in national law? Are there any protections within the national constitution, legislation or developed through case law?
As set above, Articles 8 and 10 of the Constitution guarantee freedom of expression. The Constitution applies to all Senegalese citizens (i.e. people born in Senegal or who have at least one parent who is a citizen of Senegal). Thus, Articles 8 and 10 of the Constitution also lends itself to the protection of children’s right to freedom of expression.
Article 13 of the CRC, as incorporated into Senegalese law, states: “The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice”. Since the Convention was ratified by Senegal, and international treaties are automatically incorporated into Senegalese domestic law upon ratification, the Convention protects children’s right to freedom of expression. Article 7 of the African Charter affords each child the right to freedom of expression, providing that “[e]very child capable of communicating his or her own views shall be assured the right to express his opinions freely in all matters and to disseminate his opinions [...].”
B. Are there any legal limits or restrictions on the right to freedom of expression that specifically apply to children?
Article 13 of the Convention also limits children’s right to freedom of expression as follows: “The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; or (b) For the protection of national security or of public order, or of public health or morals. Thus, the Convention limits children’s right to freedom of expression to acts that do not interfere with the rights or reputation of others; protection of Senegalese national security; public order; and public health or morals.
Moreover, Article 9 of the Constitution broadly restricts the right to freedom of expression, as follows: “The provisions of the preceding paragraph [i.e. freedom of expression] may not be opposed to the prosecution, to the judgement and to the condemnation of any individual for reason of acts or omissions which, at the moment when they were committed, were held [to be] criminal in terms of [après] rules of international law relating to acts of genocide, of crimes against humanity and of crimes of war.” These restrictions apply to all Senegalese citizens.
‘Article 19’, an international non-governmental organisation with a regional office in Senegal, warned of the threat that the amendments to the Penal Code approved in 2021 could pose to freedom of expression and opinion, as these provisions, in particular those concerning terrorism, are particularly vague, and could be used “against citizens or organisations that support, or continue to support, actions that are more akin to citizen participation in the exercise of democracy than to insurrection and disturbance of public order”.64 In particular, the organisation highlights Articles 279-1(1), 279-1(2) and 279-1(3), which vaguely define conduct considered terrorism; Article 279-5 which stipulates life imprisonment for these acts; and Article 45-1 which read in conjunction with Article 279-5 could result in criminal liability for organisations supporting civic groups alleged to have committed a terrorist act or group, even where they have no intention of supporting a terrorist act or group.65
Freedom of association
A. How is children’s right to freedom of association protected in national law? Are there any protections within the national constitution, legislation or developed through case law?
Article 8 of the Constitution provides for a right to freedom of association equally applicable to all. Article 12 of the Constitution elaborates on the right to freedom of association, as follows: “All the citizens have the right to freely constitute associations, [and] economic, cultural and social groups as well as societies, under reserve of conforming to the formalities specified by the laws and regulations. The groups of which the goal or the activity is contrary to the criminal laws[,] or directed against the public order[,] are prohibited”. Lastly, in the context of labour, Article 25 of the Constitution of Senegal provides: “The freedom to create labour or professional associations is recognised to all workers.” For instance, AEJT is an association of working children and youth.66
There are several environmental organisations and movements in Senegal such as l’Association des Amis de la Nature, l’Association Sénégalaise pour le Droit de l’Environnement and Jeunes Volontaires pour l'Environnement (JVE). There are also movements co-founded by and involving children and young people active in some neighbourhoods that coordinate activities related to environment protection, such as the Fridays for Future Senegal and the Rise Up Movement Senegal.
B. Are there any legal limits or restrictions on the right to association that specifically apply to children?
The Code of Civil and Commercial Obligations defines conditions to create an association.67 There is no age limit but the age of majority in Senegal is 18 years old. Furthermore, in the context of child labour, children, who can work from 15 years old, whether acting in capacity as workers or apprentices, may join trade unions after the age of 16 unless the parents or guardian object.68
Access to information
A. How is children’s right to access information protected in national law? Are there any protections within the national constitution, legislation or developed through case law?
Article 8 of the Constitution guarantees to all persons (including children) “the right to a variety of information.”
Senegal has also ratified the CRC which sets forth several provisions that protect the right of children to access information. First, Article 13 protects children’s right to freedom of expression, which includes the “freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice.” While the Article allows children’s exercise of the right to information to be limited by certain legal restrictions, such restrictions must be necessary to respect the rights and reputations of others or the protection of national security or of public order, or of public health or morals. Moreover, Article 17 of the CRC requires States to “ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health.” In fulfilling the requirement that children have access to diverse information, Article 17 further provides that States shall encourage the dissemination of such information through international cooperation, the production and dissemination of children’s books, while developing guidelines to protect children from “information and material injurious to his or her well-being.”
The National Action Plan within the Framework of the Open Government Partnership (NAP-OGP) 2021-2023 foresees the adoption of a specific law on the access to information (Access to Information Act).69 However, as of 2022, it has not been adopted yet.70
B. Are there any legal limits or restrictions on the right to access information that apply specifically to children?
The Press Code (Law No 2017-27 adopted in July 2017) provides additional protection for children. Articles 100 and 189 mention TV and radio programmes which compromise their moral and intellectual development. Furthermore, an announcement should be made when a film is prohibited to minors.
In 2018, a guide on journalistic ethics and children’s rights was developed71 to improve the protection of children and limit the publication of sensitive information by journalists and other media actors. A Plan of Action to protect children on the Internet was also adopted in 2018.72
In general, the ability of children to access information, including social media, online services and other sources of information (such as education more generally) is still limited. While the law provides for tuition-free, compulsory education for children between the ages of six and sixteen, many children do not attend school due to a lack of resources or facilities. This may in turn limit their access to information.73
C. Does the national curriculum for schools include environmental education?
Article L 7 of the Environment Code states that the State guarantees all citizens the right to environmental education. In this context, public and private institutions in charge of education, research or communication should participate in educating and training the population on environmental problems by developing programmes, awareness raising activities or by promoting capacity building.
Senegal’s national educational sector plan, the Programme for the Improvement of Quality, Equity and Transparency in Education and Training (“PAQUET-EF”), establishes environmental education as a major human capital development goal.74 The new plan was established in Senegal in 2018 and is set to remain in place until 2030. One of the guiding principles of the newly updated educational policy is the adoption of a “human rights-based approach,” taking into account, amongst many other values, respect for the environment.
The plan seeks broadly to integrate environmental considerations and sustainable development into the national educational curricula, and to increasingly integrate environmental dimensions at all levels of education and training. One of the guiding principles of the educational plan is sustainable development, and the plan specifically integrates the proposals set forth by the DPRE for the integration of environmental education, particularly sustainable development, in the monitoring and evaluating the effectiveness of the PAQUET-EF.75 Environmental education for sustainable development is already included in some curriculums.76
The Ministry of Environment and Sustainable Development (MEDD), in partnership with the French Development Agency (AFD), launched the Adapt’Action Strategy in 2021, which aims to support the implementation of the State’s commitments to the fight against climate change, including the development of a national strategy for the integration of climate issues, in particular climate change adaptation, into Senegal's education system.77
***
End notes
1 The Constitution of the Republic of Senegal 2001 with Amendments through to 2016. Available here.
2 Ministry of Justice for Senegal, Responses to the Questionnaire on Toxic Substances and Hazardous Waste, presented to the Office of the High Commissioner for Human Rights (3rd June 2016). Available here.
3 Senegal signed and ratified the CRC on 26 January 1990 and 31 July 1990 respectively.
4 See Adjolohoun, Horace. Visiting the Senegalese Legal System and Legal Research: A Human Rights Perspective, (March/April 2009). Available here.
5 Décision No. 5424/2013 (9 October 2013). See the report presented by Cheikh Baye Niasse, Constitution et Environnement Rapport Pour le Sénégal, (2019). Available here. Also, Marie Bonnin, Ibrahima Ly and Mohamed Diedhiou, Un premier pas vers la représentation de la nature devant le juge sénégalais: la reconnaissance des dommages à l’environnement marin, VertigO - la revue électronique en sciences de l'environnement, Vol 12, No.3 (September 2015). Available here.
6 The Environmental Code of January 15 (2001), which replaces the 1983 Code. The full text (in French) is available here.
7 Ibid.
8 Loi n°98-32 du 14 avril 1998 Sénégal Code de la Pêche Maritime. Available (in French) here.
9 Décret n°98-164 du 20 février 1998 Sénégal Portant Code Forestier. Available (in French) here. Also, Loi 2018-15 du 12 novembre 2018 Portant Code Forestier. Available (in French) here.
10 Loi n°2003-36 du 24 novembre 2003 Portant Code Minier. Available (in French) at: https://leap.unep.org/countries/sn/national-legislation/loi-no-2003-36-portant-code-minier; Décret n°2004-647 du 17 mai 2004 Décret d’application du Code Minier. Available (in French) at: http://droit-afrique.com/upload/doc/senegal/Senegal-Decret-2004-647-application-code-minier.pdf.
11 Website for The Organisation for the Development of the Senegal River (OMVS). Available here.
12 Ministry of Justice for Senegal, Contribution by the State of Senegal on the Draft Report on Human Rights Obligations relating to the Means to Achieve a Safe, Clean, Healthy and Sustainable Environment, presented to the Office of the High Commissioner for Human Rights (20th December 2018). Available here.
13 Supra note 2.
14 Ibid.
15 The Republic of Senegal, Sustainable Development National Strategy, (2015). Available (in French) here.
16 Ministry of Justice for Senegal, Information and Comments by Senegal on General Assembly Resolution No. 74/192 of 18 December 2019 entitled “Scope and Application of the Principle of Universal Jurisdiction. Available (in French) here.
17 Jennifer A. Zerk, Extraterritorial Jurisdiction: Lessons for the Business and Human Rights Sphere from Six Regulatory Areas, Corporate Social Responsibility Initiative Working Paper No. 59 (June 2010). Available here.
18 Art. 565 of the Code of Criminal Procedure.
19 Supra note 1. Art. 74 of the Constitution.
20 Supra note 4.
21 For more information on the competence of each Court, see here.
22 See Bonnin, Ly and Diedhiou supra note 5.
23 See Section I.B.
24 Child Rights International Network (CRIN), Report on Access to Justice for Children - Senegal, (2015). Available here.
25 Initial reports of States parties due in 1992: Senegal, UN Doc. CRC/C/3/Add.31. Available here.
26 Art. 301 of the Family Code Code of Criminal Procedure, Article 595. See CRIN’s report supra note 22.
27 Art. 721 and 725 of the Criminal Procedure Code.
28 RADI Afrique: Réseau Africain pour le Développement Intégré. Available here. Also, Samb Moussa, L'accès des justiciables à la justice au Sénégal. Vers une justice de proximité ?, Afrique contemporaine, 2014/2 (n° 250). Available here.
29 Supra note 7. Environmental Code (2001). Title IV, ch. 1 - 2.
30 Mame X A and Others v. Municipality of Dya, Supreme Court Judgement No. 09 of March 28th 2019. Available here.
31 The Society of Industrial and Agricultural Products v. Nguidilé Rural Council, Supreme Court Judgement No. 16 of February 23th 2017. Available here.
32 The Italo-Senegalese Company of European Machines (SARL) v. State of Senegal, Judgement No. 68 of December 22th 2016. Available here.
33 African Development Bank Group, Summary of the Environmental and Social Management Framework, (December 2016). Available here.
34 Organic Law No. 2012-28 of December 28, 2012.
35 See, Presidency of Senegal, The Institutions: The Economic Social, and Environmental Council. Available here.
36 Indeed, the ESEC collaborated with the Government to develop the National Strategy for Economic and Social Development. See, International Association of Economic and Social Councils and similar institutions, Social Economic and Environmental Council (CESE). Available here.
37 Supra note 33.
38 Ibid.
39 Ministry of the Environment and Sustainable Development, Missions and Attributions. Available here.
40 DEEC, Missions. Available here.
41 DEEC, Climate Change Division, Available here.
42 Ibid.
43 Ministry of the Environment and Sustainable Development: CSE – Grievance Mechanism (MRG / CSG) (March 2017). Available here. Decree no. 2003-651 of August 12, 2003, established within the Gendarmerie a Special Section for the Protection of the Environment.
44 Decree No. 2011-1689 of 3 October 2011 establishing the National Committee on Climate Change. Available here.
45 Ibid.
46 Ibid.
47 Supra note 4.
48 Loi n° 97-04 du 10 mars 1997 relative au Comité sénégalais des Droits de l’Homme, Journal Officiel de la République du Sénégal (April 19th 1997). Available here.
49 Human Rights Watch, Senegal: Governments Human Rights Commissions in Africa, (2001). Available here.
50 UN Economic Program, Green Economy Assessment Study – Senegal, (2014). Available here.
51 UNDP, Senegal National Climate Change Adaptation Plan. Available here.
52 Ibid.
53 See also Loi n°2004-23 (26 July 2004). Available here.
54 Senegal signed and ratified the Convention on January 26, 1990 and July 31, 1990, respectively. Available here.
55 UN Committee on the Rights of the Child, Notes on Reservations, Declarations and Objections Relating to the Convention on the Rights of the Child, CRC/C/2/Rev.3 (July 11th 1994), p. 4. Available here.
56 Art. 15(2) of the CRC. Available here.
57 United Nations Human Rights Committee, Fifth Periodic Report Submitted by Senegal under Article 40 of the Covenant (August 30, 2018). Available here.
58 Amnesty International, Senegal: Prohibitions, Violence, Arbitrary Arrests: the Right to Protest is Under Threat (2022). Available here.
59 Amnesty International, Amnesty International Report 2021/22: The State of the World’s Human Rights 2022. Available here.
60 Human Rights Watch, World Report: Senegal: Events of 2021. Available here; Senegal: New Counterterror Laws Threaten Human Rights, (2021). Available here.
61 Reset Digital for Good, “The climate movement isn’t about individuals, it’s about unity.” – Interview With Senegalese Activist Maureen Damen (2020). Available here.
62 Krystal Strong and Jimil Ataman, School Protests in Africa, (2021). Available here.
63 Dione B, 2 Students Wounded When Senegal Army Fires in Air, (AP NEWS January 17, 2014). Available here.
64 Article 19, Senegal: Freedom of expression under threat by emergency Penal Code amendments, (2021). Available here.
65 Ibid.
66 AEJT - Association des enfants et jeunes travailleurs de Ziguinchor. For more information, see here.
67Art. 812 to 814 of the Code of Civil et Commercial Obligations. Available (in French) here.
68 Salimatou Diallo, Profil national de droit du travail: Sénégal (ILO). Available (in French) here, and ILO Legal Database on Industrial Relations - Senegal (2019). Available here.
69 Republic of Senegal Ministry of Justice, National Action Plan within the Framework of the Open Government Partnership (NAP-OGP) 2021-2023 (August 2021) p. 14. Available here.
70 See, Vote De La Loi Sur l’Accès à l’Information: Le Sénégal Se Donne Un Délai De 2 Ans, Le Quotidien (July 7, 2022). Available here.
71 In collaboration with la Cellule d’Appui à la Protection de l’Enfance (CAPE), UNICEF and la Convention des Jeunes Reporters du Sénégal (CJRS). This guide is not available online.
72 Conseil National de Régulation de l’Audiovisuel, Annual Report 2018-2019. Available in French here.
73 State.gov, Senegal 2016 Human Rights Report. Available here.
74 UNESCO, Senegal’s Education Partners Endorse the 2018-2030 Education Sector Plan, (2018). Available here.
75 Quality Improvement, Equity, and Transparency Program (PAQUET) 2018-2030, section 3.1. Available here.
76 See for instance here.
77 Ministère de l'Environnement et du Développement Durable, Integration de l’education au changement climatique dans le systeme educatif senegalais, (2021). Available here.