Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Legislation

According to sources, sexual relations between individuals of the same sex are considered a criminal offence in Senegal (US 20 Apr. 2018, 20; Rights in Exile Programme June 2016; Freedom House 2018). Article 319 of the Senegalese Penal Code states the following:

[translation]

[W]hoever will have committed an improper or unnatural act with a person of the same sex will be punished by imprisonment of between one and five years, and by a fine of 100,000 to 1,500,000 francs (CFA) [approximately C$230 to C$3,430]. (Senegal 1965, Art. 319)

The US Department of State’s Country Reports on Human Rights Practices for 2016 notes that laws concerning same-sex sexual activity are rarely enforced (US 20 Apr. 2018, 20). A report funded by the European Union and published by the Panos Institute West Africa (PIWA) [1] on [translation] “religious discourse and perceptions of LGBTI persons in Senegal” explains that the Senegalese government “most often enforces the law by imprisoning persons found to be homosexual”; however, it often rescinds the decision “instead releasing the accused persons, in the name of protecting the rights of sexual minorities” (PIWA Mar. 2018, 18). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources indicate that in 2015 and 2016, Senegalese President Macky Sall opposed decriminalizing homosexuality (RFI 27 Oct. 2015; SeneNews 30 Nov. 2016). In a 2014 report published by the Office français de protection des réfugiés et apatrides (OFPRA) on the situation of homosexual persons in Senegal, Michel Bourrelly, a [translation] “public and community health consultant” and “former project manager at AIDES [a French NGO that fights AIDS],” explains that President Macky Sall “was not, in principle, homophobic,” but that he had been caught up in a “‘political game’” that forced him to assume an “uncompromising” position against the idea of decriminalizing homosexuality (France 25 Sept. 2014, 2). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources report that there are no specific laws protecting sexual minorities (US 20 Mar. 2018, 20; Rights in Exile Programme June 2016; Freedom House 2018).

2. Treatment by Authorities

In a submission to the Universal Periodic Review (UPR) of Senegal, Human Rights Watch states that between 2011 and 2016, the organization identified 38 cases in which police arrested people based on their perceived sexual orientation and charged them with “unnatural acts” under article 319 of the Penal Code (Human Rights Watch 29 Mar. 2018). According to the same source, these arrests were the result of police raids of public areas known to be gay hangouts, or of uninvestigated denunciations from family members, neighbours, or acquaintances (Human Rights Watch 29 Mar. 2018). The same source further adds that “many” of those arrested described police officers hitting them, beating them with fists and with rubber batons (Human Rights Watch 29 Mar. 2018). Sources indicate that on the weekend of 15 and 16 September 2018, two young men and two young women were arrested for [translation] “unnatural acts” and “offending public decency” after videos portraying them having sexual relations with people of the same sex began circulating in the neighbourhood in which some of them were living (Seneweb 17 Sept. 2018; Dakar Voice 19 Sept. 2018).

According to François Patuel, a researcher at Amnesty International in Dakar quoted in an International Reporting Project (IRP) [2] article, people belonging to sexual minorities do not have “any access to justice” (IRP 6 Feb. 2018). The Belgian Francophone daily newspaper La Libre Belgique reports that for a homosexual assualt victim, filing a complaint is [translation] “likely to turn his victim status into that of a suspect” (La Libre Belgique 19 and 20 Mar. 2016, 19). Similarly, US Country Reports 2016 states that [US English version] “[m]any” victims belonging to sexual minorities are afraid to report to authorities the violations of their rights that they have experienced (US 3 Mar. 2017, 26). The same source adds that individuals who report abuse [US English version] “were sometimes subject to police abuse, including beatings and humiliating treatment” (US 3 Mar. 2017, 26). An article published by the Thomas Reuters Foundation, the philanthropic arm of Thomson Reuters (Thomson Reuters Foundation n.d.), states that according to Neela Ghosal, a Human Rights Watch researcher, between 2011 and 2016, seven people belonging to sexual minorities were arrested after reporting “hate crimes” to the police (Thomas Reuters Foundation 27 Sept. 2018).

Sources report that on the night of 24 December 2015, 11 men were arrested in Kaolack, due to police suspicion that they were involved in a gay wedding (Jeune Afrique 25 Jan. 2016; AFP 29 Dec. 2015). The same sources indicate that the arrested men were released on 29 December 2015 after a Kaolack prosecutor ordered their release, believing that there was insufficient evidence to lay a charge (Jeune Afrique 25 Jan. 2016; AFP 29 Dec. 2015).

US Country Reports 2017 states that there were no “high-profile arrests” of persons belonging to sexual minorities in 2017, nor was there anti-sexual-minority rhetoric from candidates during the legislative election in July 2017 (US 20 Apr. 2018, 20). The same source adds that sexual minority activists indicated that the overall situation in the country was “calm” with respect to the sexual minority community and had improved “slightly” compared to the previous year (US 20 Apr. 2018, 20). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the weekly e-newsletter LGBulleTIn for the week of 14 to 20 September 2018, published by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), Senegalese activists reported a wave of arrests against persons belonging to sexual minorities with the approach of the presidential election [scheduled for 2019] (ILGA 21 Sept. 2018). In this publication, ILGA also reports that, according to the Arc en Ciel organization in Senegal, the “'hunt for sexual minorities begins'” “'because the government is preparing to answer those who call them "pro-homosexual"'” (ILGA 21 Sept. 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Treatment by Society

Polarized Progress: Social Acceptance of LGBT People in 141 Countries, 1981-2014, a research report published by the Williams Institute [3] in March 2018 that examines survey data from 141 countries to develop a sexual minority Global Acceptance Index, indicates that Senegal has the seventh lowest sexual minority acceptance score for the 2009-2013 period (Williams Institute Mar. 2018, 9, 30). Similarly, according to results from Afrobarometer 2016/2018 [4] for Senegal, 92 percent of respondents [translation] “would strongly dislike” having homosexual neighbours (Afrobarometer 2018). Information on the perception of persons belonging to other sexual minorities could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

As expressed by François Patuel to the IRP, people belonging to sexual minorities find themselves in a “'very hostile environment'” (IRP 6 Feb. 2018). The same researcher explains that there is “'a lot of physical violence against men, and sexual violence towards women'” (IRP 6 Feb. 2018). Similarly, according to La Libre Belgique, the [translation] “vast majority” of people belonging to sexual minorities live in insecurity and are subject to “recurrent violations of their most basic rights” by authorities and their fellow citizens (La Libre Belgique 19 and 20 Mar. 2016, 18). Similarly, in its report for the UPR, Human Rights Watch reports having documented “widespread human rights violations of [LGBT] people” since 2009 (Human Rights Watch 20 Mar. 2018). US Country Reports 2017 states that persons belonging to sexual minorities have been subject to “frequent threats, mob attacks, robberies, expulsions, blackmail, and rape” (US 20 Apr. 2018, 20).

According to a report on the website of Public Radio International (PRI), a non-profit media company based in the US and focused “on the intersection of journalism and engagement to effect positive change in people’s lives” (PRI n.d.), the “broader culture … rejects” lesbian women and the activist world “leaves them out” (PRI 2 Aug. 2017). Without providing further details, an article in La Libre Belgique quotes the president of Sourire de femmes, an [translation] “association that defends human rights and those of women in particular,” who states that there is increasing stigmatization of “female homosexuality” and an “'increase in violence against and rejection of homosexual women'” (La Libre Belgique 21 Mar. 2016, 20). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

On 20 January 2016, sources report that a [translation] “citizens collective against homosexuality” was formed by associations against homosexual practices, calling on Senegalese Members of Parliament to condemn homosexuality and the [translation] “practices” associated with the LGBT community (Le Soleil 20 Jan. 2016; Enquête plus 20 Jan. 2016). According to the Senegalese news site SeneNews, this collective is made up of

[translation]

more than a dozen associations such as Nittu Deug, the Follow-up Committee of the Forum on the Non-respect of Religious Values and the Degradation of Morals (Comité de suivi du forum sur le non respect des valeurs religieuses et la dégradation des mœurs), the Senegalese Patriots League (Ligue sénégalaise des patriotes, LSP/BOKK YENN), the Islamic Organization JAMRA (Organisation islamique JAMRA), Serigne Bassirou Mbacké's ASDREM, the League of Imams and Preachers of Senegal (Ligue des imams et des prédicateurs du Sénégal), Mouride Action, [and] the Association of Muslim Students and Students of Senegal (Association des élèves et étudiants musulmans du Sénégal)[,] to name but a few. (SeneNews 19 Jan. 2016)

Sources report that in March 2016 on the campus of the [Cheikh Anta Diop] University of Dakar (UCAD), students chased down a student whom they accused of being homosexual and flirting with another man (France 24 17 Mar. 2016; US 3 Mar. 2017, 26). The same sources add that after police intervened to protect the young man, the students ransacked a bank and a security office (France 24 17 Mar. 2016; US 3 Mar. 2017, 26). According to statements reported by France 24, the president of the Association Prudence (Prudence) [5], Djamil Bangoura, explained that it was not

[translation]

"the first time that this kind of homosexual hunt has happened at UCAD. Since 2012, we have seen nine similar cases. Some of these students had to stop their studies completely because of this. … [T]his kind of very hostile reaction is often based on 'presumptions of homosexuality,' or even rumours, sometimes unfounded." (France 24 17 Mar. 2016)

Information on specific incidents involving sexual minorities other than gay men could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. State Protection and Support Services

According to the PRI report, most LGBT activist groups focus mainly on gay men, who are more at risk of being affected by AIDS (PRI 2 Aug. 2017). The report states that in the early 2000s, the “AIDS crisis” made public health groups realize that even though HIV infection rates were dropping, the rate was still “high” among gay men; consequently, these groups began to reach out to gay men (PRI 2 Aug. 2017). Similarly, the article published by IRP reports that there have been government efforts to tackle HIV among men who have sex with men with support from international aid groups (IRP 6 Feb. 2018).

Human Rights Watch’s submission to the UPR states that the Senegalese government’s treatment, namely, “criminalization and harrassment,” of men who have sex with men and men perceived to be gay or bisexual is undermining its effectiveness in fighting HIV (Human Rights Watch 20 Mar. 2018). The source explains that gay men avoid accessing services such as AIDS prevention and treatment because they fear arrest or prosecution (Human Rights Watch 20 Mar. 2018). Similarly, in an article in La Libre Belgique, the president of Africa Consultants International (ACI) [6] explains that when homosexuals are [translation] “discriminated against and hunted, they hide” and can no longer access health services (La Libre Belgique 19 and 20 Mar. 2016, 22).

According to sources, Prudence is the only recognized organization that is explicitly and officially an LGBT organization (La Libre Belgique 19 and 20 Mar. 2016, 18; Armisen [2016], 19). Prudence lists its activities on its website: awareness (advocacy) sessions with various stakeholders (religious leaders, members of the press, health personnel, administrative authorities and community members) to change legislation; training workshops; focus groups; home visits for men who have sex with men (MSM) and who have [translation] “family difficulties”; prison visits; hospital visits; and screening days (Prudence n.d.b).

An article published on Public Health Post (PHP), a website associated with the Boston University School of Public Health that publishes articles on public health (PHP n.d.), notes that Prudence connects MSM living with HIV to LGBT-friendly health providers (PHP 8 Dec. 2016).

Information on services available for sexual minorities other than gay men could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The Panos Institute West Africa (PIWA) is an African NGO based in Dakar (PIWA n.d.a.). It was founded in 2000 as an offshoot of the Panos Institute Paris' “West Africa” Program and its mission is to [PIWA English version] “[d]emocratize communication and consolidate public spaces for open African societies in which citizens’ opinions are informed, and their voices amplified and heard” (PIWA n.d.b). It is a member of the Panos Global South Network (PGSN) (PIWA n.d.b).

[2] The International Reporting Project (IRP) was a program that provided opportunities for US journalists to do international reporting on “critical issues” that were undercovered in the US news media (IRP n.d.). On 31 January 2018, the organization’s director announced that it would end its programs in March 2018 (IRP 31 Jan. 2018).

[3] The Williams Institute is affiliated with the University of California, Los Angeles (UCLA) School of Law and conducts “rigorous [and] independent” research on sexual orientation and gender identity law and public policy (The Williams Institute n.d.).

[4] Afrobarometer is a non-partisan [translation] “survey and research” project that “evaluates citizens’ feelings on subjects such as democracy and governance, the economy, civil society and related issues” (Afrobarometer n.d.). Afrobarometer’s surveys are based on randomly selected national samples, and data is collected from individual interviews conducted with each participant (Afrobarometer Feb. 2018, 1). Each national sample has between 1,200 and 2,400 participants (Afrobarometer Feb. 2018, 1).

[5] The Association Prudence (Prudence) was founded on 31 December 2003 and [translation] “aims to promote health and well-being among men who have sex with men (MSM) and the [LGBT] community as a whole” (Prudence n.d.a.). 

[6] Africa Consultants International (ACI) is an American NGO based in Dakar that offers “communication, training, study abroad and health activities in Senegal and other countries in West and Central Africa” (ACI n.d.).

References

Africa Consultants International (ACI). N.d. “History.” [Accessed 17 Oct. 2018]

Afrobarometer. 2018. “Voisins : homosexuels.” Afrobaromètre R7 2016/2018 (Sénégal). [Accessed 17 Oct. 2018]

Afrobarometer. February 2018. Manuel du round 7 d’enquêtes Afrobaromètre. [Accessed 22 Oct. 2018]

Afrobarometer N.d. “À propos de nous.” [Accessed 17 Oct. 2018]

Agence France-Presse (AFP). 29 December 2015. “Sénégal : onze homosexuels présumés relâchés après avoir échappé à un lynchage (agence et témoin).” [Accessed 17 Oct. 2018]

Armisen, Mariam. [2016]. We Exist: Mapping LGBTQ Organizing in West Africa. [Accessed 17 Oct. 2018]

Association Prudence (Prudence). N.d. “Mission et historique.” [Accessed 17 Oct. 2018]

Association Prudence (Prudence). N.d. “Nos actions.” [Accessed 17 Oct. 2018]

Dakarvoice.com. 19 September 2018. Marie Christine Sané. “Liberté 4 : arrestations de jeunes homos !” [Accessed 17 Oct. 2018]

Enquête Plus. 20 January 2016. Babacar Willane. “Un collectif réclame la démission de Me Sidiki Kaba.” [Accessed 18 Oct. 2018]

France. 25 September 2014. Office français de protection des réfugiés et des apatrides (OFPRA). Sénégal : La situation actuelle des personnes homosexuelles. [Accessed 18 Oct. 2018]

France 24. 17 March 2016. “Spirale de violence lors de la traque d'un étudiant présumé homosexuel à l’université de Dakar.” [Accessed 17 Oct. 2018]

Freedom House. 2018. “Senegal.” Freedom in the World 2018. [Accessed 16 Oct. 2018]

Human Rights Watch. 29 March 2018. Submission to the Universal Periodic Review of Senegal. [Accessed 17 Oct. 2018]

International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). 21 September 2018. “Senegal: Activists Report Wave of Arrests Against Sexual Minorities.” LGBulletTIn: The Week in LGBTI News from Around the World. No. 130. [Accessed 17 Oct. 2018]

International Reporting Project (IRP). 6 February 2018. Oscar Lopez. “‘I Don’t Go Out During the Day’: Inside Senegal’s LGBT Crackdown.” [Accessed 17 Oct. 2018]

International Reporting Project (IRP). 31 January 2018. John Schidlovsky. “Farewell from IRP.” [Accessed 17 Oct. 2018]

International Reporting Project (IRP). N.d. “History of the Project.” [Accessed 17 Oct. 2018]

Jeune Afrique. 25 January 2016. Mehdi Ba. “Sénégal : ‘mariage gay’ à Kaolack ou cabale homophobe ?” [Accessed 17 Oct. 2018]

La Libre Belgique. 21 March 2016. Valentine Van Vyve. “Les activistes gays marchent sur un fil.” [Accessed 17 Oct. 2018]

La Libre Belgique. 19 and 20 March 2016. Valentine Van Vyve. “Pour vivre, vivons cachés.” [Accessed 17 Oct. 2018]

Panos Institute West Africa (PIWA). March 2018. Aïcha Awa Ba. Discours religieux et perception des personnes LGBTI au Sénégal. [Accessed 16 Oct. 2018]

Panos Institute West Africa (PIWA). N.d.a. “À propos de l’IPAO.” [Accessed 17 Oct. 2018]

Panos Institute West Africa (PIWA). N.d.b. “Historique et mission.” [Accessed 17 Oct. 2018]

Public Health Post (PHP). 8 December 2016. Nicholas Diamond. “Campaign Offer a Healthy Way Out for Senegalese MSM.” [Accessed 17 Oct. 2018]

Public Health Post (PHP). N.d. “About Us.” [Accessed 17 Oct. 2018]

Public Radio International (PRI). 2 August 2017. Sarah Elzas. “Lesbians in Senegal Just Want a Place Where They Can Be Themselves.” [Accessed 17 Oct. 2018]

Public Radio International (PRI). N.d. “About PRI”. [Accessed 17 Oct. 2018]

Radio France internationale (RFI). 27 October 2015. “La dépénalisation de l’homosexualité n’est pas d’actualité au Sénégal.” [Accessed 16 Oct. 2018]

Rights in Exile Programme. June 2016. Nicholas Cottrell. “Senegal LGBTI Resources.” [Accessed 16 Oct. 2018]

Senegal. 1965. Code pénal. [Accessed 16 Oct. 2018]

SeneNews. 30 November 2016. “Respect des droits des homosexuels : Macky Sall dit ses vérités à Justin Trudeau.” [Accessed 16 Oct. 2018]

SeneNews. 19 January 2016. “Une grande marche à l’homosexualité ce vendredi à Dakar, ‘Collectif NON À L'HOMOSEXUALITÉ’.” [Accessed 23 Oct. 2018]

Seneweb.com. 17 September 2018. “Sicap : Une bande d’homo arrêtée pour vidéos obscènes.” [Accessed 17 Oct. 2018]

Le Soleil. 20 January 2016. Oumar Ba. “Un collectif citoyen contre l’homosexualité.” [Accessed 18 Oct. 2018]

Thomson Reuters Foundation. 27 September 2018. Nellie Peyton. “‘Fighting for Survival’, Senegal’s Gay Community Is on Its Own.” [Accessed 16 Oct. 2018]

Thomson Reuters Foundation. N.d. “Who We Are.” [Accessed 17 Oct. 2018]

United States (US). 20 April 2018. Department of State. “Senegal.” Country Reports on Human Rights Practices for 2017. [Accessed 16 Oct. 2018]

United States (US). 3 March 2017. Department of State. “Sénégal.” Country Reports on Human Rights Practices for 2016. [Accessed 16 Oct. 2018]

The Williams Institute, University of California, Los Angeles (UCLA) School of Law. March 2018. Andrew R. Flores and Andrew Park. Polarized Progress: Social Acceptance of LGBT People in 141 Countries, 1981 to 2014. [Accessed 16 Oct. 2018]

The Williams Institute, University of California, Los Angeles (UCLA) School of Law. N.d. “Mission.” [Accessed 22 Oct. 2018]

Additional Sources Consulted

Oral sources: Association Prudence; Kiraay; Sourire de femmes.

Internet sites, including : Amnesty International; Australia – Department of Foreign Affairs and Trade; ecoi.net; El Diario; El País; EU – European Asylum Support Office; Factiva; Fédération internationale des ligues des droits de l’homme; IRIN; Le Monde; OutRight Action International; PinkNews; UK – Home Office; UN – Refworld; Seronet; Slate Afrique.