Experts of the Committee on the Rights of the Child Welcome Senegal’s Initiatives Promoting Birth Registration, Ask about Harmful Cultural Practices and Efforts to Increase School Participation Rates
The Committee on the Rights of the Child today concluded its consideration of the combined sixth and seventh periodic report of Senegal under the Convention on the Rights of the Child as well as the initial reports of Senegal under the Optional Protocols on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict. Committee Experts welcomed the State’s initiatives promoting birth registration, and raised questions about harmful cultural practices, efforts to increase school participation rates, and gaps in legislation regarding the two Optional Protocols.
Suzanne Aho, Committee Expert and Coordinator of the Country Taskforce for Senegal, congratulated the State party on initiatives to promote birth registration, including mobile courts. Was the registration process free? How was the public made aware of the importance of birth registration?
Other Committee Experts asked questions addressing harmful cultural practices, inquiring about resources allocated to implement the national action plan on eliminating female genital mutilation and to raise awareness of the dangers of the practice, and on measures being implemented to prohibit child marriage without exceptions.
One Committee Expert said there were reports of challenges faced by vulnerable children as a result of the indirect and direct costs of education. How was the State party addressing these? There were high numbers of children, especially children with disabilities, who were not in the education system. What further support efforts were planned?
Regarding the two Optional Protocols, Aissatou Alassane Sidikou, Committee Expert and Co-Rapporteur for Senegal’s Optional Protocol reports, said that in Senegal, national legislation did not explicitly address child pornography and the sale of children. Likewise, Mikiko Otani, Committee Expert and fellow Co-Rapporteur, raised doubts about whether the use of children in military activities was specifically criminalised in national legislation.
Introducing the report, Coly Seck, Permanent Representative of Senegal to the United Nations Office at Geneva, said Senegal had adopted several legislative, regulatory and institutional measures and ratified or acceded to several regional and international instruments for the promotion and protection of children's rights.
Mr. Seck said governance of the civil registry had been reformed with the establishment of the Directorate of Civil Status. This reform made it possible to achieve a birth registration rate of 73 per cent for children aged zero to five in 2023, which was higher than the Government target for the year. The delegation added that awareness raising campaigns were carried out to ensure that the entire population was aware of the presence of mobile courts. The courts’ services were free of charge. Senegal had developed a new awareness raising campaign to promote birth registration across the country.
On harmful cultural practices, the delegation said that the State launched a national plan for fighting child marriage in 2023. There was a specific commission, which included civil society representatives, that was working to combat child marriage, and an awareness raising campaign was being conducted to discourage child marriage. The Government also had a national strategy aiming to eradicate female genital mutilation. Several community projects were underway to fight female genital mutilation that incorporated community leaders and civil society.
Students who did not pay enrolment fees could still attend schools, the delegation noted. School enrolment costs had been reduced. There were also programmes for vulnerable children, who were provided with targeted support for school fees. The Government guaranteed that children with disabilities had the right to education free of charge in regular schools near their homes.
Regarding the Optional Protocols, the delegation said work was underway to harmonise definitions between State legislation and the Optional Protocols. Senegal would consider including provisions to criminalise the recruitment of children in a future revision of the Criminal Code.
In concluding remarks, Ms. Aho said that the delegation’s responses had helped the Committee understand the situation of children’s rights in Senegal. There were many challenges that needed to be addressed to ensure that children could enjoy their rights, including in areas such as the reduction of early pregnancies and the elimination of clandestine abortions. The Committee called on the State party to adopt the Children’s Code and the law on the modernisation of daara Koranic schools.
Ms. Otani said that the discussion on the Optional Protocols had been very fruitful, and an important opportunity to assess their implementation. Senegal’s submission sent a very positive message to other countries. The Committee hoped to have a continued dialogue with the State party regarding the implementation of both the Optional Protocols and the Convention.
Alioune Ndiaye, Senior Magistrate, Secretary-General of the Ministry of Justice of Senegal and head of the delegation, in his concluding remarks, said that much remained to be done to implement the rights of children in Senegal. Efforts had been deployed, but further efforts were required. Senegal would continue to work to promote children’s rights so that children could grow in a climate of peace and safety.
The delegation of Senegal consisted of representatives from the Ministry of Justice; the Prime Minister's Office; the Ministry of National Education; and the Permanent Mission of Senegal to the United Nations Office at Geneva.
The Committee will issue the concluding observations on the report of Senegal at the end of its ninety-fifth session on 2 February. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.
The Committee will next meet in public on Monday, 22 January at 3 p.m. to consider the combined sixth and seventh periodic report of the Russian Federation (CRC/C/RUS/6-7).
Report
The Committee has before it the combined sixth and seventh periodic report of Senegal (CRC/C/SEN/6-7) under the Convention on the Rights of the Child, as well as the initial reports of Senegal under the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC/C/OPSC/SEN/1) and on the involvement of children in armed conflict (CRC/C/OPAC/SEN/1).
Presentation of Report
COLY SECK, Permanent Representative of Senegal to the United Nations Office at Geneva, said that Senegal had always been committed to working for the promotion of and respect for human rights, the consolidation of the rule of law, and the effective implementation of the fundamental rights of its citizens, particularly children. To this end, the State had adopted several legislative, regulatory and institutional measures and ratified or acceded to several regional and international instruments for the promotion and protection of children's rights.
In November 2022, Senegal had created 24 new educational action and social protection services in departments that did not have them, and a new emergency care centre in Nanning. In November 2023, the State had launched a project to codify alternative care for children deprived of parental care. The management of this project was entrusted to a steering committee chaired by the Secretary-General of the Ministry of Justice. Through the Judicial Infrastructure Modernisation Programme, four educational complexes were being built in the regions of Dakar, Ziguinchor, Tambacounda and Saint-Louis. A new state-of-the-art headquarters for implementing the Programme was being constructed at a cost of one billion CFA francs.
Senegal had also made significant efforts to provide food for children in childcare facilities by considerably increasing the budget dedicated to this issue from 600 million CFA francs in 2023 to one billion CFA francs in 2024.
In terms of strengthening human resources, the State had recruited from 2021 to 2023 120 specialised educators at a rate of 40 per year, and over the same period, it had strengthened the sector with 12 education inspectors. Efforts encouraging participation in education or training had led to a reduction in the drop-out rate, both at the elementary and middle school level. The enrolment rate for children aged three to five had increased from 11.06 to 14.38 per cent between 2021 and 2023; while 3,517 community teachers were recruited or trained for community preschool classes in seven regions as part of a State project.
The Ministry of Child Protection had implemented measures to welcome and take care of 1,197 children in difficult situations at a residential centre and declared 1,019 orphans as wards of the State. Around 194,958 children aged zero to five years attended integrated early childhood development structures.
The State had developed a draft law on the protection of children online and a training module on the protection of children from sexual exploitation. It had also elaborated a draft decree setting out rules for the organisation and operation of care structures for children aged zero to three years, and established a project to institutionalise the National Children's Parliament to improve and strengthen the effectiveness of children's participation in decision making.
Significant improvements had been made in children’s health in recent years. The number of maternal deaths had decreased from 797 in 2020 to 717 in 2021. The total number of neonatal deaths decreased from 3,721, or seven per 1,000 births, in 2020 to 3,386 deaths, or six per 1,000 births, in 2021. Screening for acute malnutrition and development progress had been implemented in 411 local authorities, enabling over 13 million people to benefit from essential health and nutrition services.
Governance of the civil registry was also reformed with the establishment of the Directorate of Civil Status. This reform made it possible to achieve a birth registration rate of 73 per cent for children aged zero to five in 2023, which was higher than the Government target for the year.
Senegal aimed to engage in a broad, constructive dialogue with the Committee for the improvement of the situation of children's rights in the country. It would continue to work to achieve a society without discrimination, where children had the same opportunities to participate in its development and enjoy the benefits of its growth.
Questions by Committee Experts
A Committee Expert congratulated Senegal on the positive steps it had taken for children. There was ongoing political discourse about the adoption of the Children’s Code. What sanctions would be issued if the rules of the Code were not respected? How did the State party accumulate resources for the implementation of laws regarding children? Did the State have plans to develop a third National Child Protection Strategy?
There was alarming information that public spending on child rights had decreased in recent years. Was an increase in budgets for policies and programmes for children planned? Were there monitoring and evaluation systems for policies for children? What progress had been made in developing a national data collection system regarding child rights?
The Senegalese Committee for Human Rights was downgraded to status “B” by the Global Alliance of National Human Rights Institutions. What measures were in place to bolster this institution and to develop a child rights ombudsperson?
What measures were in place to ensure the legal accountability of businesses for activities that affected children’s rights? How did the State monitor child rights violations by businesses, including in the tourism sector?
Did the Constitution guarantee protection from discrimination in all forms? What measures were taken to combat discrimination against children from vulnerable groups? What had been done to raise awareness about discrimination, including gender-based discrimination? What had been done to ensure the best interests of the child? Child mortality rates were high in Senegal. How was the State addressing this issue?
What progress had been made in establishing a Children’s Parliament and encouraging children’s participation in decision making? What budget had been allocated for forming it and what ministry would manage it?
What steps had been taken to promote alternatives to corporal punishment? Were there plans to address articles in the Family Code that allowed corporal punishment? The number of cases of corporal punishment was very high in Senegal. Were there plans to elaborate a strategy to combat violence against children and to conduct studies into the root causes of violence against children. What measures were in place to conduct child-friendly investigations of violence cases and to prevent the revictimization of children? Were there any community-based programmes to prevent violence against children?
Was there legislation in place to protect victims of sexual abuse and prevent them from being subjected to criminal sanctions? Were there child-friendly mechanisms for reporting sexual abuse and interviewing victims? What work had been done to raise awareness about child sexual abuse amongst professionals and the general public? What had been done to tackle female genital mutilation and early marriage?
Another Committee Expert said Senegal had not been able to adopt certain laws aiming to protect children’s rights. What were the difficulties in passing such laws? What strategies were in place to ensure that all people under the age of 18 were offered the legal protections enshrined in the Convention?
SUZANNE AHO, Committee Expert and Coordinator of the Country Taskforce for Senegal, expressed hope that the dialogue would be fruitful, in the interest of the children of Senegal. Ms. Aho congratulated the State party on initiatives to promote birth registration, including mobile courts. Was the registration process free? How did mobile court hearings work in practice? Were children who were not registered in the daara (Koranic schools) identified? What was the overall rate of birth registration and how was the State addressing disparities in registration between urban and rural areas? How was the public made aware of the importance of birth registration? How were public officials trained in supporting birth registration? Were children found abandoned on Senegalese soil given birth certificates? Around 500,000 children in Senegal were reportedly stateless. What did the State plan to do to address the issue of statelessness?
Were there provisions to protect children from seeing harmful images online? Were there regulations that ensured that media organizations respected children’s rights?
Responses by the Delegation
The delegation said Senegal’s legal framework protected children. The Constitution expressly referred to the Convention. It contained specific provisions on children’s education, protection of children, and support of families. The Constitution also prohibited discrimination based on sex and race. The Family Code included provisions to protect children from violence, while the Criminal Code included severe punishments for violence against and sexual exploitation of children.
The draft Children’s Code aimed to strengthen legal protections for children and supported their participation in society. There was public opposition to some elements of the Code. The Government was working to strengthen dialogue with the public to achieve consensus on the Code’s text. There was no exact date by which the Children’s Code would be adopted, but the Government hoped to finalise the Code in the very near future. The goal of the Children’s Parliament was to create a nationwide forum for children’s participation. A significant budget would be invested to make the Children’s Parliament a reality.
The Government had made efforts to develop a third National Action Plan for the Protection of Children. It was involving all stakeholders, including civil society, in developing the plan. An evaluation of the previous strategy had been carried out and its results would be published later this year.
The Government was committed to regaining “A” status for its national human rights institute. Much work had been done in this regard. The national human rights institute had drafted a law to achieve this, which was adopted in December 2023 by the Council of Ministers and would soon be considered by Parliament. The Government had strengthened the resources of the body and provided it with functional headquarters.
The Office of Civil Affairs scheduled and provided budgets for mobile courts to visit rural areas in consultation with local leaders. Awareness raising campaigns were carried out to ensure that the entire population was aware of the presence of mobile courts. The courts’ services were free of charge. Senegal had developed a new awareness raising campaign to promote birth registration across the country. Systematic training was provided to community leaders on birth registration, and the State sought to digitise the registration process. In 2023, 2,800 officials were trained in processing birth registrations.
Senegal had a protective legal framework on labour rights. All persons who worked in the formal labour sector were adults. Regular labour inspections were carried out, including of the mining sector. The State worked hard to prevent sexual exploitation of children in the tourism sector. The State had established a tourism police force to ensure that such exploitation did not occur.
Medical, nutritional and financial support was provided to ensure the health of new mothers and babies. Health and nutrition support was provided to children up to three years. These measures had helped to decrease the child mortality rate. In 2005, there were 61 deaths per 1,000 births, whereas there were around 30 deaths today.
The Ministry of Women, Family and Child Protection had a hotline that received complaints of violence suffered by children. Children who reported violence were referred to social workers and support mechanisms. There was also a website that children could use to report complaints of sexual violence or abuse. Information documents on child rights had been translated into the four national languages.
In 2016, Senegal acceded to the Abidjan Declaration on the Eradication of Statelessness. A general law on refugees and statelessness had recently been adopted, which stated that stateless children had the right to be protected and to access education. The National Commission on Refugees and Stateless Persons received complaints from refugees and stateless persons. Stateless persons could regularise their situations through the courts. Senegal had a national action plan to eradicate statelessness which was running from 2022 to 2024.
Questions by Committee Experts
Committee Experts asked follow-up questions on whether the Convention could be directly invoked in courts; on resources made available for the National Commission on Children; on the results of the assessment of the previous National Strategy for the Protection of Children; on whether children could file confidential complaints to the national human rights institute; on the results of public consultations on the Children’s Code; on whether children could address courts directly to obtain identity documents; on referral procedures when cases of violence against children were reported; on programmes envisaged to provide greater protection to children in daily life from corporal punishment; on steps to resolve tensions between social and cultural values and the provisions of the Children’s Code; on data discrepancies in the report; on resources allocated to implement the national action plan on eliminating female genital mutilation and to raise awareness of the dangers of female genital mutilation; and on measures being implemented to prohibit child marriage without exceptions.
SUZANNE AHO, Committee Expert and Coordinator of the Country Taskforce for Senegal, asked whether birth registration papers were free. Were there mechanisms to register children in daara (Koranic schools)?
Responses by the Delegation
The delegation said that even without the Children’s Code, Senegal still had sanctions deterring corporal punishment of children and all infractions against children were severely punished. The Criminal Code included punishments for cybercrime, paedophilia and child pornography. The State undertook monitoring online to ensure the protection of children and their images. An awareness raising campaign was also being conducted on the protection of children online. A platform had been established to capture and eliminate child pornography online. Specific care was provided to children who were victims of abuse. Since 2023, the sexual abuse hotline had received more than 15,000 calls.
The evaluation of the National Strategy on the Protection of Children identified challenges in disseminating the rights of children. More needed to be invested in such awareness raising. The National Commission for Children ensured coordination and oversight of measures for the protection of children. The Commission had a budgeting shortfall, but the President of the Republic intended to bolster this and dedicate three per cent of the budget to children.
In 2023, the State launched a national plan for fighting child marriage. There was a specific commission, which included civil society representatives, that was working to combat child marriage, and an awareness raising campaign was being conducted to discourage child marriage. The Government also had a national strategy aiming to eradicate female genital mutilation. Several community projects were underway to fight female genital mutilation that incorporated community leaders and civil society.
Questions by Committee Experts
One Committee Expert asked about shortcomings in legislation on polygamy. The Committee welcomed that a legal framework for alternative care was being implemented. When would this be finalised? What findings had been made by the project for mapping care facilities? What efforts was the State undertaking to facilitate family reunification, including for children who were internally displaced? There were instances where inter-country adoptions were allowed. How did the State ensure that children who were being adopted genuinely benefited from adoption and improper financial gains were not made from adoptions?
Policies to improve the quality of education were very welcome. Were there coordination challenges in implementing these policies? How did the State party plan to strengthen implementation? There were reports of challenges faced by vulnerable children as a result of the indirect and direct costs of education. How was the State party addressing these? Sexual abuse remained a significant challenge within the education system. What criminal charges were issued to teachers who abused students? What were the contents of the draft bill on daara (Koranic schools)? What plans were in place to modernise daara? The Committee congratulated the State party on allocating over 20 per cent of the budget to education. However, there were still high numbers of children, especially children with disabilities, who were not in the system. What further support efforts were planned?
SUZANNE AHO, Committee Expert and Coordinator of the Country Taskforce for Senegal, asked about the number of children living with disabilities in the country. Children with disabilities were often in street situations and used in begging. What was the State party doing to support such children and provide them with community-based care? What budget was allocated to programmes for children with disabilities?
In May 2022, there was an incident where 11 babies died following a fire. What follow-up had been undertaken into this incident? What was the rate of vaccination coverage? What measures were being taken to promote breastfeeding? Only 34 per cent of women were breastfeeding. Did maternity wards promote breastfeeding? Were there centres where adolescents could receive reproductive health care, contraception and information on HIV/AIDS? What was being done to prevent early pregnancies and clandestine abortions? Were women who had obstetric fistula offered free care? Were there qualified medical staff to assist children with mental health problems and drug addictions?
One Committee Expert asked what specific measures had been adopted to prevent children from dropping out of school and working in the informal sector. Had the impact of measures to keep children in schools been analysed? Begging was criminalised. What happened to children who engaged in begging? Were there specific criminal proceedings for juveniles?
Responses by the Delegation
The delegation said that treaties and conventions ratified by Senegal had higher authority than that of national laws. Criminal judges needed to have laws with clear sentences. Thus, first-instance courts found it difficult to apply the provisions of the Convention. However, higher courts such as the Supreme Court could receive and assess requests directly related to the Convention. The Supreme Court had directly applied the Convention in a case in 2020 involving the publishing of a nude image online of an adopted Senegalese child by a French man.
The United Nations Children's Fund had piloted an initiative promoting girls’ access to digital technology in rural areas of Senegal. Senegal had had a national action plan on protecting children online since 2018. It also had a Commission on the Protection of Personal Data, which was raising awareness among families of the dangers of posting images of children online. The 2020 Criminal Code punished the publication of paedophilic images with up to 10 years imprisonment. The Government was, in partnership with the Watch Foundation, identifying and taking down sexual images of children disseminated online. A draft bill had been prepared on the protection of children online.
The Strategic Framework for Equity, Policy and Transparency for 2018 to 2030 was the centrepiece of the State’s education policy. The State had 14 specific programmes on national education and training under the Strategic Framework and there was no problem with coordination between ministries in implementing the Framework. Students who did not pay enrolment fees could still attend schools. Young mothers were financed to undertake professional activities. School enrolment costs had been reduced. There were also programmes for vulnerable children, who were provided with targeted support for school fees.
Senegal had supported daara (Koranic schools) by building water supplies within these schools and training their teachers. Modern pilot daara had been established to improve the quality of education offered in these schools. The World Bank had authorised additional financing to expand this project to 98 daara. Daara school inspections were carried out. A national day for daara was also celebrated. A law on daara was being prepared, which would reform the entire system. A mapping of the daara school network was underway and professional training was provided to children who exited daara. Certification boards were being put in place for daara this year.
The Government had moved to increase teachers’ wages, which had not been increased since the 1960s. Teachers were offered staff housing. The Government had issued a decree allowing girls who gave birth to return to school. Awareness raising campaigns discouraged early pregnancy, violence in schools, and violence against children. There was a mechanism for reporting and follow-up on cases of abuse of children in school. Each school was required to have focal points who worked on the protection of children.
The Government guaranteed that children with disabilities had the right to education free of charge in regular schools near their homes. The 2015 “Education for All” programme promoted inclusive education. The building code for schools included access ramps and restrooms adapted to the needs of children with disabilities. Students with significant disabilities attended special schools funded by the State.
Senegal had established programmes to promote breastfeeding; 60 per cent of mothers exclusively breastfed. The State was working to provide vaccinations to all new-borns. Indemnities were provided to all families affected by the 2022 hospital fire that led to the loss of 11 babies. The Head of State had ordered a special audit of materials and services offered in hospitals in the wake of the incident. In the city affected, a new hospital was built. The State had since worked to strengthen building, maintenance and inspection of hospital structures. Several new hospitals had been constructed in the past two years that had well-equipped neonatal services.
Care for women and girls suffering from obstetric fistula had been free of charge since 2012. A specific medical care facility had been developed for women suffering from obstetric fistula. The facility provided these women with housing, health care and a programme to support them after their recovery. The Government was raising awareness of these free services across the country, including through television and radio commercials.
All 46 departments of Senegal had committees on the protection of children. All major State services, as well as local civil society organizations and school representatives, were members of these committees, who met regularly to discuss the implementation of policies for children. There were also over 3,000 child protection committees working at the regional level, and over 2,000 working at the village level. The national group of child protection actors provided technical support to committees regarding policies for children. Civil society helped to raise awareness of child rights at the community level. Non-governmental organizations working for children had participated in drafting the State party’s report.
The Government had worked to raise awareness of the law criminalising rape and paedophilia, translating the law into 14 national languages and distributing information on it to communities. The Government was committed to increasing centres caring for victims of sexual and gender-based violence. Various services were available in these shelters, including legal and psychosocial support. The first shelter had recently been opened, and two more would be opened soon. In addition to the free hotline and online form for filing complaints, there was also a short messaging service for reporting abuse. Another reporting mechanism was also in place for reporting cases of trafficking in persons.
The Labour Code prohibited child labour. Labour inspections were carried out in all regions to check for child labour. The Government was committed to eradicating child labour in mining, fishing and agriculture. The Mining Code incorporated the directives of the United Nations on business and human rights. If companies failed to comply with these directives, their permits were withdrawn.
The Family Code regulated polygamy and monogamy. It gave spouses the right to choose between polygamy and monogamy. Spouses needed to respect each other’s rights and protect their children. Conflicts between family members were heard before the Family Court.
Questions by Committee Experts
SUZANNE AHO, Committee Expert and Coordinator of the Country Taskforce for Senegal, asked for more information on programmes to support young people with drug addictions. What measures were in place to support social workers? What had been done to prevent mother to child transmission of HIV/AIDS? There was still a high level of transmission. Did the State still plan to establish village-based psychiatric centres?
Other Committee Experts asked follow-up questions on whether the entirety of the Convention was self-implementing; how Senegal guaranteed due process principles for minors suspected of committing crimes; how the State was ensuring that cultural practices were in step with international norms; whether reports of coordination mechanisms for child policies not being functional in several departments were accurate; about plans to improve the school participation rate; policies and strategies for inclusive education; challenges being faced in including children in the preschool education system; progress made in education data modernisation; weaknesses in the comprehensive care system for child victims of violence; the ability of female spouses to choose between monogamy and polygamy; problems preventing enforcement of the law on compulsory education; the coverage of support for students who could not pay educational fees; plans to merge the daara and State school systems; and mechanisms to place children separated from their parents in foster care.
Responses by the Delegation
The delegation said Senegal was seriously addressing mother to child transmission of HIV/AIDS through the National Council to Combat HIV/AIDS. Screenings and testing of pregnant women for HIV/AIDS was carried out systematically; 1,300 women had tested positive. Eighty-four per cent of new-borns were screened for HIV/AIDS, with 34 positive cases identified. All children and mothers who tested positive were given treatment. A plan to expedite the elimination of HIV/AIDS transmission by 2025 had been set up. Several community teams worked to identify and support HIV positive people.
A programme to combat youth drug addiction was in place, under which public officials had received training on combatting addiction. Awareness raising campaigns were in place to prevent children from using drugs. The National Centre for Social Reintegration and other centres helped care for young people with drug addictions. The Ministry of Health had put in place a mental health division, and capacity building programmes were also in place to improve mental health services.
The Directorate on Mother and Child Health had set up a consultation framework on reproductive health. The State had rolled out communication campaigns promoting reproductive health education. Social and health workers had received training in providing reproductive health support for young people.
There were children’s courts at various levels of the judicial system and specialised judges for cases involving minors. Minors could only be tried by children’s courts. Children were not given sentences of deprivation of liberty, except as a last resort. Minors served sentences that were half as long as those that adults served. Only minors over the age of 13 could be subjected to pre-trial detention.
Senegal had for the past six months been implementing a foster family system with families accredited and supported by the State. Foster families were monitored and trained by the State.
The State disseminated the principles enshrined in the Convention and was transposing them into domestic legislation, as judges in criminal courts could not implement generic provisions within the Convention directly.
The State was determined to maintain children within the school system from age six to 16. The educational system was being diversified to incorporate Arabic instruction.
All children from zero to five years of age had access to quality early education, health care, nutrition and protection. Between now and 2030, the State aimed to ensure that all children had at least one year of preschool education before attending school. The State aimed to achieve 64 per cent preschool attendance by 2030.
Children had the right to life, and this was reconciled by the State law banning abortion. The State was working to ensure that its provisions banning abortion were understood by local communities.
Concluding Remarks on the Review of the State Party Report Under the Convention
SUZANNE AHO, Committee Expert and Coordinator of the Country Taskforce for Senegal, said that the dialogue had been rich and fruitful. The delegation’s responses had helped the Committee understand the situation of children’s rights in Senegal. There were many challenges that needed to be addressed to ensure that children could enjoy their rights, including in areas such as the reduction of early pregnancies and the elimination of clandestine abortions. The Committee called on the State party to adopt the Children’s Code and the law on the modernisation of daara Koranic schools. Ms. Aho also appealed to the State party to greater protect its water resources and address water erosion and other effects of climate change occurring in Senegal.
ALIOUNE NDIAYE, Senior Magistrate, Secretary-General of the Ministry of Justice of Senegal and head of the delegation, said that much remained to be done to implement the rights of children in Senegal. Efforts had been deployed, but further efforts were required. Senegal would continue to work to promote children’s rights so that children could grow in a climate of peace and safety.
Questions by Committee Experts Under the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
MIKIKO OTANI, Committee Expert and Co-Rapporteur for Senegal’s Optional Protocol Reports, asked if the Government had studied the Committee’s guidelines on implementing the Optional Protocol. How would the implementation of the Optional Protocol be ensured and awareness raising on the issues it covered be strengthened? Would data on related offences be included in State data collection mechanisms? Such data seemed not to be available. Were there obstacles to collecting such data? The sale of children was defined in the draft Children’s Code but not in the Criminal Code. Why was this? Did the State plan to criminalise the sale of children in the Criminal Code?
National plans of action seemingly did not include measures to implement the first Optional Protocol. Was the National Child Protection Committee mandated to coordinate the implementation of the Optional Protocol? How was the Optional Protocol included in awareness raising and training for officials working with children? How would the Government ensure that a budget was allocated for implementing the first Optional Protocol?
Had the State party identified groups of children in vulnerable situations that were at risk of falling victim to sale and trafficking? What measures were in place to specifically address vulnerable children? The Optional Protocol obliged the State party to take measures to prevent child abduction. What measures had the State party taken in this regard?
The Tourism Charter was vague and did not specifically mention the Optional Protocol. Were there plans to update this Charter? Did the draft Tourism Code contain provisions on the exploitation of children? Was the tourism industry made aware of the Optional Protocol? What measures were in place to prevent the abuse of children within the tourism industry? What measures had the State party taken to ensure the responsibilities of the business sector to respect child rights online and report incidents of abuse of children online? What support and remedies were available for child victims of online sexual exploitation and abuse?
AISSATOU ALASSANE SIDIKOU, Committee Expert and Co-Rapporteur for Senegal’s Optional Protocol Reports, said that in Senegal, national legislation did not explicitly address child pornography and the sale of children. Was Senegal planning to harmonise national legislation with the Optional Protocol? In 2020, a law was promulgated that criminalised all forms of rape and paedophilia. However, there was a lack of implementation of this law. What were the challenges preventing its implementation? What measures were in place to tackle silent complicity for offences? What social protection measures had the State party taken to allow families to shoulder their responsibly in terms of protection and care for children? The Criminal Code only protected children aged under 16 from paedophilia. Were there legislative measures that protected children between age 16 and 18 from paedophilia?
The Tourism Charter did not contain provisions on the sale of children and child pornography. Were there plans to revise it? Did the State party have a holistic care mechanism to ensure the reintegration of child victims into society? Did Senegal have any bilateral agreements aiming to prevent the sale of children and child pornography?
Questions by Committee Experts Under the Optional Protocol on the Involvement of Children in Armed Conflict
AISSATOU ALASSANE SIDIKOU, Committee Expert and Co-Rapporteur for Senegal’s Optional Protocol Reports, said that domestic law was still not harmonised with the second Optional Protocol. Why was there no coordinating body for this Optional Protocol? Outside of training sessions for military personnel, were there any national awareness raising measures to discourage the use of children in armed conflict?
There was a lack of data on children in armed conflict. Was there a data collection mechanism that identified children being used in armed conflict, including refugees and stateless children? Was the State party considering forming agreements with neighbouring States and international organizations to prevent the recruitment of children? Were students in military schools de facto members of the armed forces?
MIKIKO OTANI, Committee Expert and Co-Rapporteur for Senegal’s Optional Protocol Reports, raised doubts about whether the use of children in military activities was specifically criminalised in national legislation. The Optional Protocol could not be a legal basis in the Senegalese system for directly punishing perpetrators. Was there a legal basis for punishment? How could Senegal exercise extraterritorial jurisdiction or issue extraditions for cases of child recruitment without specific legislation on child recruitment?
Were there programmes to identify and provide support for children used in armed groups? Such children faced challenges in accessing social protection and reintegration. Were support programmes in place for refugee and asylum-seeking children who were used in armed conflicts in other States?
Ms. Otani welcomed efforts by the Government to establish the Mine Action Committee and operate land mine clearing programmes. What special measures had been implemented to support child victims of land mines?
Responses by the Delegation
The delegation said there were less and less children involved in conflicts in the State party. Children enrolled in military schools were not soldiers. The Senegalese army was vigilant in terms of recruitment, following the 1991 Decree on Recruitment of Young People. The army only recruited persons over 20 years of age. Derogations were not permitted. Applicants needed to submit birth certificates and identity documents. Recruiting a person under 20 was not possible.
The army communications department and the Government were raising awareness amongst the public about the Optional Protocol on the use of children in armed conflict, including in overseas regions where troops were stationed.
The Government was making significant efforts to reunite displaced minors with their families and villages. The army had assisted with the reconstruction of villages in border regions. The Government was also supporting returned children to attend school.
The Criminal Code criminalised any forced transfer of a child from one zone to another and prohibited the enrolment of any person outside of Senegalese regulations in the armed forces. Leaders of armed groups could be prosecuted.
Senegal was party to the 1993 Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption. This Convention prohibited undue gains from overseas adoptions and Government officials oversaw all international adoptions. The Government assessed all adoption requests thoroughly to prevent illegal adoptions.
The National Online Child Protection Strategy of 2018 aimed to protect children online. A website for flagging online child exploitation had been set up. The Criminal Code stipulated procedures for reporting and investigating online abuse. Prosecutors and investigating judges had broad powers to seize inappropriate materials and ensure the deletion of such material through online service providers. Police had specialised units on cybercrime that had yielded positive results.
The 16 to 18 age group was protected from sexual abuse by State legislation. Victims of sexual abuse were provided with legal and psychosocial support. The Code of Criminal Procedure stipulated that all officials had a legal obligation to inform the Prosecutor when made aware of reports of sexual abuse of minors.
Follow-Up Questions by Committee Experts on the First Optional Protocol
MIKIKO OTANI, Committee Expert and Co-Rapporteur for Senegal’s Optional Protocol Reports,noted that the element of the Optional Protocol that addressed “representations of the sexual parts of children” seemed to not be referenced in the Criminal Code. Was this accurate? Perpetrators of crimes of paedophilia sometimes created child pornography but were only prosecuted under crimes of paedophilia. What efforts had been taken to prosecute these crimes separately? The sale of children did not always fall under the crime of trafficking, which was why a separate offence for the crime of sale of children was needed.
Other Committee Experts asked follow-up questions on efforts to develop offices or programmes that addressed the root causes of sexual exploitation of children, including organised crime, and efforts to identify victims of such crimes; campaigns discouraging the sale and exploitation of children and the number of complaints submitted through complaints mechanisms; efforts to inform vulnerable children about the two Optional Protocols and build such children’s confidence in reporting mechanisms; whether the Optional Protocol could be considered a basis for extradition; whether decisions regarding criminal cases on sexual exploitation of students by teachers were disseminated; and whether the State planned specific provisions to address children who inadvertently made child pornography.
Responses by the Delegation
The delegation said work was underway to harmonise definitions between State legislation and the Optional Protocol. Senegal was working with the African Union to protect children from exploitation online. The United Nations Children's Fund would soon conduct a national study on the exploitation of children online. The Government was training stakeholders and strengthening care for victims in this regard. Three workshops including children and community actors had been held in December 2023 on raising awareness of protection of children online. More than 14,900 calls had been received by the platform for reporting abuse in 2023. None of these reports involved abduction. Awareness raising campaigns targeting children sometimes missed vulnerable children, which was why the State targeted teachers and families as well. Civil society organizations had put in place separate mechanisms for filing anonymous complaints about abuse.
Extradition was governed by a 1991 law. Agreements needed to be reached between destination States for extraditions to take place. Crimes had a 10-year statute of limitations, though this could be suspended under certain circumstances.
When perpetrators of child pornography offences were children, they were supported by protection mechanisms. The State was able to quickly take down pornographic images and provide care for victims. All 46 departments had had their capacities strengthened in terms of child protection online.
Follow-Up Questions by Committee Experts on the Second Optional Protocol
One Committee Expert asked follow-up questions on measures to prevent and respond to sexual exploitation of children perpetrated by Senegalese peacekeeping forces and to recognise and compensate victims of such abuse.
MIKIKO OTANI, Committee Expert and Co-Rapporteur for Senegal’s Optional Protocol Reports, said that even though recruitment and use of children in armed forces did not occur in Senegal, it was still important to criminalise such recruitment to send a strong message of Senegal’s commitment to international norms. If there was a case of recruitment or use of children by non-State armed groups, could the State party prosecute it? What would the legal basis be for prosecuting this case?
Responses by the Delegation
The delegation said measures were taken when cases of sexual abuse within peacekeeping forces were reported. Accused persons suffered immediate disciplinary sanctions if found guilty and could no longer participate in peacekeeping forces. Hearings to determine guilt occurred after the accused person was extradited to Senegal. The State party took measures to provide reparations to victims of abuse. Different reparations and sanctions were issued if sexual abuse resulted in pregnancy. To prevent such cases of abuse, the State and the United Nations provided over three months of training for persons participating in peacekeeping missions that addressed sexual exploitation. For several years, there had been no cases of abuse by Senegalese peacekeeping forces.
Senegal would consider including provisions to criminalise the recruitment of children in a future revision of the Criminal Code.
Concluding Remarks
MIKIKO OTANI, Committee Expert and Co-Rapporteur for Senegal’s Optional Protocol Reports, said that the discussion on the Optional Protocols had been very fruitful, and an important opportunity to assess their implementation. Many countries experienced challenges in submitting reports on the Optional Protocols. Senegal’s submission sent a very positive message to other countries. The Committee hoped to have a continued dialogue with the State party regarding the implementation of both the Optional Protocols and the Convention.
ALIOUNE NDIAYE, Senior Magistrate, Secretary-General of the Ministry of Justice of Senegal and head of the delegation, thanked the Committee for the dialogue. Senegal had taken note of the Committee’s concerns. The positive exchanges with the Committee allowed the State party the opportunity to reflect and move forward to strengthen protections for children.
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