Rape and Domestic Violence: The law prohibits rape, which is punishable by five to 10 years’ imprisonment. Nevertheless, the government rarely enforced the law, and rape was widespread. The law does not address spousal rape. The law allows the common practice of using a woman’s sexual history to defend men accused of rape.
The law criminalizes assaults and provides for punishment of one to five years in prison and a fine. Domestic violence that causes lasting injuries is punishable with a prison sentence of 10 to 20 years. If an act of domestic violence causes death, the law prescribes life imprisonment. Nevertheless, the government did not enforce the law, particularly when violence occurred within the family. Police usually did not intervene in domestic disputes. Several women’s groups and the Committee to Combat Violence against Women and Children (CLVF) reported a rise in violence against women.
NGOs, including the CLVF, criticized the failure of some judges to apply domestic violence laws, citing cases in which judges claimed lack of adequate evidence as a reason to issue lenient sentences. NGOs also criticized the government’s failure to permit associations to bring suits on behalf of victims and the lack of shield laws for rape.
The actual incidence of domestic violence, which many citizens considered a normal part of life, was thought to be much higher than the number of cases reported. The Ministry of Justice is responsible for combating domestic violence, but did not made public any programs to address rape and domestic violence. The government-run Ginddi Center in Dakar provided shelter to women and girls who were survivors of rape or early and forced marriage, and to street children.
Female Genital Mutilation/Cutting (FGM/C): The law provides criminal penalties for the perpetration of FGM/C on women and girls, but no cases were prosecuted during the year.
For more information, see data.unicef.org/resources/female-genital-mutilation-cutting-country-profiles/ .
Sexual Harassment: The law mandates prison terms of five months to three years and fines of 50,000 to 500,000 CFA francs ($92 to $919) for sexual harassment, but the problem was widespread. The government did not effectively enforce the law.
Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .
Discrimination: The law provides for the same legal status and rights for women as for men. Nevertheless, women faced pervasive discrimination, especially in rural areas where traditional customs and discriminatory rules of inheritance, were strongest.
The family code’s definition of paternal rights also remained an obstacle to equality between men and women. The code considers men to be heads of household, preventing women from taking legal responsibility for their children. In addition, any childhood benefits are paid to the father. Women can become the legal head of household only if the husband formally renounces his authority before authorities or if he is unable to act as head of household.
While women legally have equal access to land, traditional practices made it difficult for women to purchase property in rural areas. Many women had access to land only through their husbands, and the security of their rights depended on maintaining the relationship with their husbands. In addition rural councils–where women often were underrepresented–allocated most land.
The Ministry of Women, Family, and Childhood has a directorate for gender equality that implements programs to combat discrimination.
Birth Registration: Citizenship is acquired by birth or naturalization. In 2013 the government passed legislation which provides for equal rights for mothers and fathers automatically to transmit citizenship to their children. The law does not make birth declaration mandatory. Registering births required payment of a small fee and travel to a registration center, which was difficult for many residents of rural areas. For additional information, see Appendix C.
While children generally could attend primary school without a birth certificate, they need one to take national exams.
Education: The law provides for tuition-free, compulsory education for children between ages six and 16, although many children did not attend school due to lack of resources or available facilities. Students often had to pay for their own books, uniforms, and other school supplies.
Girls encountered greater difficulties in continuing in school beyond the elementary level. Sexual harassment by school staff and early pregnancy also caused the departure of girls from school. Many parents opted to keep their middle- and high-school-aged daughters home to work or to marry rather than sending them to school, where predatory teachers could ruin their reputations and future marriage prospects. In recent years, however, there has been significant progress in reducing gender disparity at the middle- and high-school level.
Child Abuse: Child abuse remained common, particularly among talibes, students who were sent by their parents to study in Quranic schools, or daaras. At some daaras Quranic instructors exploited, physically abused, and forced children to beg on the street. A 2014 daara-mapping study found an estimated 54,800 talibes in the Dakar region alone. Of this number an estimated 30,000 were forced to beg up to five hours per day. A similar mapping during the year in Saint Louis found 14,000 talibes, with more than 9,000 forced to beg, according to Human Rights Watch. Most talibes appeared to be ages five to 10; some reportedly were as young as two.
According to Human Rights Watch, which on July 27 published the report “I Still See the Talibes Begging,” at least two talibes died as a result of abuse. In December 2016 one child in the Louga region died in a fire after being left chained in his daara, and in January the teacher was convicted of manslaughter and sentenced to three years in prison. In March a second child in the Diourbel region was beaten to death by his teacher; the teacher and another official from the boy’s daara were arrested and in November both were subsequently sentenced to five years in prison. The Human Rights Watch report also documented dozens of cases of talibes who suffered physical abuse by their Quranic teachers for failing to meet their begging quotas in the Saint-Louis and Dakar regions.
In February a 19-year-old teaching assistant known as a grand talibe was convicted and sentenced to one year in prison for sexually assaulting a 12-year-old talibe. Research conducted at the daara revealed that several other talibes had been sexually abused, but no further investigations were conducted and the daara remained open.
In March a Quranic teacher in Pikine was convicted and sentenced to 10 years in prison for the rape of three talibes, all approximately 12 years old. The teacher had repeatedly raped all three boys over an extended period of time. He had fractured the skull of one of the boys for protesting the rape. In November, five individuals were arrested in Dakar for abusing talibes. Overall, government efforts to address the abuse of talibes remained weak.
Early and Forced Marriage: By law women have the right to choose when and whom they marry, but traditional practices restricted a woman’s choice. The law prohibits the marriage of girls younger than 16, but this law generally was not enforced in most communities where marriages were arranged. Under certain conditions a judge may grant a special dispensation to a man to marry a girl below the age of consent.
According to women’s rights groups and officials from the Ministry of Women, Family, and Childhood, child marriage was a significant problem, particularly in the more rural areas in the south, east, and northeast. The ministry conducted educational campaigns to address the problem. In November the government dissolved 12 child marriages in the region of Kolda. For additional information, see Appendix C.
Sexual Exploitation of Children: The law provides that convicted sexual abusers of children receive five to 10 years’ imprisonment. If the offender is a family member, the maximum is applied. Procuring a minor for prostitution is punishable by imprisonment for two to five years and a fine of 300,000 to four million CFA francs ($551 to $7,352). If the crime involves a victim younger than 13, the maximum penalty is applied. The law was not effectively enforced, but when cases were referred to law enforcement, authorities conducted follow-up investigations. The minimum age of consensual sex is 18.
Pornography is prohibited, and pornography involving children under age 16 is considered pedophilia and punishable by up to two years’ imprisonment and fines of up to 300,000 CFA francs ($551).
Exploitation of women and girls in prostitution was a problem, particularly in the southeast gold-mining region of Kedougou. Although there were no reports of child sex tourism during the year, the country was considered a destination for child sex tourism for tourists from France, Belgium, and Germany, among other countries.
Infanticide or Infanticide of Children with Disabilities: Infanticide, usually due to poverty or embarrassment, continued to be a problem. In some cases, women’s families shamed them into killing their babies. Domestic workers and rural women working in cities sometimes killed their newborns if they could not care for them. Others, married to men working outside the country, killed their infants out of shame. According to the African Assembly for the Defense of Human Rights, infanticide also occurred when a woman became pregnant with the child of a man from a prohibited occupational caste. If police discovered the identity of the mother, she faced arrest and prosecution for infanticide. According to a 2015 UN report, approximately 16 percent of women in detention in 2013 were imprisoned for infanticide. Moreover, infanticide represented 64 percent of the grounds for imprisonment of girls ages 13 to 18, according to the UN report.
Displaced Children: Many children displaced by the Casamance conflict lived with extended family members, neighbors, in children’s homes, or on the streets. According to NGOs in the Casamance, displaced children suffered from the psychological effects of conflict, malnutrition, and poor health.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.
There were approximately 100 Jewish residents in the country; there were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law prohibits discrimination against persons with disabilities, but the government did not enforce these provisions adequately. The law also mandates accessibility for persons with disabilities, but the government did not effectively enforce the law.
The government provided grants, managed vocational training in regional centers, and offered funding for persons with disabilities to establish businesses. Due to a lack of special education training for teachers and facilities accessible to children with disabilities, authorities enrolled only 40 percent of such children in primary school. Support for persons with mental disabilities was not generally available, and incidents of abuse of persons with mental disabilities were common.
Persons with disabilities struggled to access voting sites. A 2012 law reserves 15 percent of new civil service positions for persons with disabilities.
The Ministry for Health and Social Action is responsible for protecting the rights of persons with disabilities.
Ethnic groups generally coexisted peacefully. In the Casamance incidents of conflict between the Diola, the region’s largest ethnic group, and the mostly Wolof Senegalese in the north continued to decline.
Discrimination against individuals of lower castes continued, and intellectuals or businesspersons from lower castes often tried to conceal their caste identity.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
Consensual same-sex sexual activity between adults, referred to in law as an “unnatural act,” is a criminal offense, and penalties range from one to five years’ imprisonment and fines of between 100,000 and 1.5 million CFA francs ($184 and $2,757); however, the law was rarely enforced. There are no laws to prevent discrimination based on sexual orientation or gender identity, nor are there hate crime laws that could be used to prosecute crimes motivated by bias against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.
LGBTI persons faced widespread discrimination, social intolerance, and acts of violence. LGBTI individuals were subject to frequent threats, mob attacks, robberies, expulsions, blackmail, and rape. LGBTI activists also complained of discrimination in access to social services.
While LBGTI individuals faced hardships, there were no high-profile arrests of LGBTI individuals during the year. This was a change from previous years, which saw several high-profile arrests of LGBTI individuals. Furthermore, during the campaign for the July legislative election, candidates did not engage in inflammatory anti-LGBTI rhetoric. This was a change from previous election cycles, in which candidates used such rhetoric to drum up support and divert attention from campaign deficiencies. LGBTI activists indicated that the overall situation in the country was calm with respect to the LGBTI community, and had improved slightly over the previous year.
There was no anti-LGBTI hysteria in the media during the year; media rarely reported acts of hatred or violence against LGBTI persons.
HIV and AIDS Social Stigma
The law prohibits all forms of discrimination against persons with HIV/AIDS, and the government and NGOs conducted HIV/AIDS awareness campaigns to increase social acceptance of persons with HIV or AIDS. Nevertheless, human rights activists reported HIV-positive individuals and those with AIDS suffered from social stigma due to the widespread belief that such status indicated homosexuality. HIV-positive men sometimes refrained from taking antiretroviral drugs due to fear their families would discover their sexual orientation.