Document #2082803
USDOL – US Department of Labor (Author)
In 2021, Senegal made moderate advancement in efforts to eliminate the worst forms of child labor. The government commenced activities for the 2021–2023 National Action Plan to Combat Trafficking in Human Beings and launched a program to support children living and working on the streets. It also held trainings for labor inspectors focused on data collection on child labor in the informal economy. However, children in Senegal are subjected to the worst forms of child labor, including in forced begging. Children also perform dangerous tasks in gold mining, sometimes as a result of human trafficking. Hazardous work prohibitions do not include domestic work or street work, areas in which there is evidence of potential harm to child workers, and labor and criminal law enforcement agencies lack resources to adequately enforce child labor law. In addition, Senegal does not have a current national action plan or a national coordinating body for the elimination of child labor.
Children in Senegal are subjected to the worst forms of child labor, including in forced begging. Children also perform dangerous tasks in gold mining, sometimes as a result of human trafficking. (1-3) Table 1 provides key indicators on children’s work and education in Senegal. Data on some of these indicators are not available from the sources used in this report.
Children |
Age |
Percent |
---|---|---|
Working (% and population) |
5 to 14 |
22.3 (Unavailable) |
Attending School (%) |
5 to 14 |
53.0 |
Combining Work and School (%) |
7 to 14 |
13.9 |
Primary Completion Rate (%) |
60.5 |
Source for primary completion rate: Data from 2020, published by UNESCO Institute for Statistics, 2022. (4)
Source for all other data: International Labor Organization’s analysis of statistics from Demographic and Health Survey (DHS), 2015. (5)
Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.
Sector/Industry |
Activity |
---|---|
Agriculture |
Fishing, activities unknown (2) |
Farming, including harvesting crops (2) |
|
Industry |
Mining gold and iron, including washing ore, crushing rocks, using mercury, and carrying heavy loads† (2,3,7) |
Services |
Welding and auto repair (2,8) |
Domestic work (2,9) |
|
Street work, including vending (2,10) |
|
Categorical Worst Forms of Child Labor‡ |
Forced labor in domestic work and gold mining (2,7,9,11) |
Commercial sexual exploitation, sometimes as a result of human trafficking (2,7,9,11) |
|
Forced begging (2,3,9,12-15) |
† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.
Forced begging remains a significant problem in Senegal. (2,3) It is a traditional practice to send boys to Koranic schools called daaras, where students known as talibés receive a Koranic education from teachers known as marabouts. The traditional Islamic practice of asking for alms has in certain instances been corrupted, and some daaras force children to beg all day to collect money to enrich the marabouts. (2,3,9,14,16) Some marabouts set daily quotas and frequently beat or whip talibés who fail to collect enough. (14) An estimated 100,000 talibés are subjected to forced begging, including over 30,000 in the capital city, Dakar. (15) Talibés are often forced to live in overcrowded, unsanitary conditions, receive inadequate food and medical care, and are vulnerable to physical and sexual abuse. (3,14,15) Children from rural areas in Senegal and neighboring countries including The Gambia, Mali, Guinea-Bissau, and Guinea are particularly vulnerable to this practice and are sometimes subjected to human trafficking. (2,9,15,16)
Children in Senegal are exploited in domestic servitude and forced labor in gold mines and are subjected to human trafficking for commercial sexual exploitation, particularly within the country. (2,9,11,17) Children are particularly vulnerable to forced labor in mining and commercial sexual exploitation in the gold producing regions. (2,3,7,9) Adolescent girls are often trafficked from other countries, including Nigeria, for purposes of commercial sexual exploitation around the gold mines in Kédougou. Research shows that traffickers often tell girls that they are going to Europe, then withhold their identity documents and use debt bondage to force them into commercial sexual exploitation in Senegal. (2,7,9,11) Under a system known as confiage, Senegalese parents sometimes send their children, primarily young girls, to live with relatives and family friends to have better educational and economic opportunities, often in exchange for domestic labor. Some girls, however, are not sent to school and are subjected to forced labor and sexual exploitation. (2,9,11)
While Senegalese law provides for free and compulsory education from ages 6 to 16, approximately one-third of children in this age group do not attend school. (18) In practice, only primary school is tuition-free, and supplementary fees are often charged for secondary school. (1,18) Other barriers to education include lack of birth registration documents, distance from schools, and lack of accommodations for students with disabilities. (8,18,19) Poor sanitation infrastructure, including lack of running water and bathrooms, and sexual harassment in schools force some girls to leave school early. According to one NGO, sexual harassment and abuse is widespread in secondary schools in Senegal. In certain cases, when some girls attempted to reject male teachers' advances, they were penalized with lower grades and exclusion from class activities. (2,18,20,21)
Senegal has ratified all key international conventions concerning child labor (Table 3).
Convention |
Ratification |
---|---|
ILO C. 138, Minimum Age |
✓ |
ILO C. 182, Worst Forms of Child Labor |
✓ |
UN CRC |
✓ |
UN CRC Optional Protocol on Armed Conflict |
✓ |
UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography |
✓ |
Palermo Protocol on Trafficking in Persons |
✓ |
The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Senegal’s legal framework to adequately protect children from the worst forms of child labor, including the lack of prohibition of military recruitment by non-state armed groups.
Standard |
Meets International Standards |
Age |
Legislation |
---|---|---|---|
Minimum Age for Work |
Yes |
15 |
Article L. 145 of the Labor Code; Article 6 of the Decree Establishing the Scale of Penalties for Violations of the Labor Code and Associated Rules for Application (22,23) |
Minimum Age for Hazardous Work |
Yes |
18 |
Articles 1–3 of the Ministerial Order No. 3749 Determining and Prohibiting the Worst Forms of Child Labor; Article 1 of the Ministerial Order No. 3750 Determining the Types of Hazardous Work Prohibited for Children and Youth; Articles 1–3 of the Ministerial Order No. 3751 Determining the Categories of Business and Work Prohibited to Children and Youth (24-26) |
Identification of Hazardous Occupations or Activities Prohibited for Children |
Yes |
Article 2 of the Ministerial Order No. 3749 Determining and Prohibiting the Worst Forms of Child Labor; Ministerial Order No. 3750 Determining the Types of Hazardous Work Prohibited to Children and Youth; Article 2 of the Ministerial Order No. 3751 Determining the Categories of Business and Work Prohibited to Children and Youth (24-26) |
|
Prohibition of Forced Labor |
Yes |
Articles L. 4 and L. 279 of the Labor Code; Articles 2 and 4 of the Ministerial Order No. 3749 Determining and Prohibiting the Worst Forms of Child Labor; Articles 1 and 2 of the Law Concerning the Fight Against Trafficking in Persons and Similar Practices and the Protection of Victims (22,26,27) |
|
Prohibition of Child Trafficking |
Yes |
Article 1 of the Law Concerning the Fight Against Trafficking in Persons and Similar Practices and the Protection of Victims (27) |
|
Prohibition of Commercial Sexual Exploitation of Children |
Yes |
Article 2 of the Ministerial Order No. 3749 Determining and Prohibiting the Worst Forms of Child Labor; Articles 323 and 324 of the Penal Code (26,28) |
|
Prohibition of Using Children in Illicit Activities |
No |
Article 2 of the Ministerial Order No. 3749 Determining and Prohibiting the Worst Forms of Child Labor (26) |
|
Minimum Age for Voluntary State Military Recruitment |
Yes |
18 |
Article 19 of Law No. 2008-28 (29) |
Prohibition of Compulsory Recruitment of Children by (State) Military |
N/A* |
||
Prohibition of Military Recruitment by Non-state Armed Groups |
No |
||
Compulsory Education Age |
Yes |
16 |
Article 3 of Law No. 2004-37 (30) |
Free Public Education |
Yes |
Article 3 of Law No. 2004-37; Articles 21 and 22 of the Constitution (30,31) |
* Country has no conscription (6)
Ministerial Order No. 3749 Determining and Prohibiting the Worst Forms of Child Labor bans the use of children in illicit activities, but neither this law, the Penal Code, nor the Labor Code define specific criminal penalties for this offense.(26-28) The 2005 anti-trafficking law criminalizes forced begging. However, section 245 of the Penal Code provides that “the act of seeking alms on days, in places and under conditions established by religious traditions does not constitute the act of begging," which makes it unclear whether forced begging under these religious traditions is criminally prohibited. (3,27,28) Furthermore, the types of hazardous work prohibited for children do not include domestic work or street work, areas in which there is evidence of potential harm to child workers. (6,11,24,26) Because the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education. (22,23,30)
The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of their child labor laws.
Organization/Agency |
Role |
---|---|
Ministry of Labor, Social Dialogue, and Institutional Relations (MOL) |
Identifies and investigates labor code violations, including child labor cases. (2,22) Empowered to refer criminal cases to the Police or Gendarmerie. (2) |
Ministry of Justice (MOJ) |
Responsible for the enforcement and prosecution of all criminal laws, including criminal violations of child labor laws. (2,32) Through its Department of Correctional Education and Social Protection, coordinates with the Ministry of Women, Family, Gender, and Child Protection (MWFGCP) to provide services to vulnerable children. (2,32) Through its Criminal Affairs and Pardons Branch, collects information and statistics on criminal cases involving forced child labor, child trafficking, and the commercial sexual exploitation of children. (2,32) |
Ministry of the Interior and Public Security |
Oversees all law enforcement agencies, including police officials who investigate cases of human trafficking and forced child begging, and arrests perpetrators of the worst forms of child labor. Houses the Children’s Unit, located in Dakar, which employs three officers who specialize in child protection, victim identification, and reintegration. (32) Through its Children’s Unit, receives assistance from the Vice Squad in child protection cases. Through its Air and Border Police (Police de l'air et des frontiers), focuses on migrant smuggling and transnational crimes. (32) |
Ministry of Women, Family, Gender, and Child Protection (MWFGCP) |
Contributes to the creation and implementation of child protection policies and provides services to victims of exploitative child labor. Operates the Ginddi Center, which cares for children who are survivors of labor exploitation or human trafficking. (2,9,16) In 2021, chaired a 2-day regional meeting on child protection in West Africa and held informational meetings with religious leaders about the protection of children in daaras. (2) |
Labor Law Enforcement
In 2021, labor law enforcement agencies in Senegal took actions to address child labor (Table 6). However, gaps exist within the operations of enforcement agencies that may hinder adequate labor law enforcement, including the insufficient allocation of human resources.
Overview of Labor Law Enforcement |
2020 |
2021 |
---|---|---|
Labor Inspectorate Funding |
Unknown (19) |
Unknown (2) |
Number of Labor Inspectors |
68 (19) |
68 (2) |
Mechanism to Assess Civil Penalties |
Yes (22) |
Yes (22) |
Initial Training for New Labor Inspectors |
Yes (19) |
N/A (2) |
Training on New Laws Related to Child Labor |
N/A (19) |
N/A (2) |
Refresher Courses Provided |
Yes (19) |
Yes (2) |
Number of Labor Inspections Conducted |
2,835 (19) |
Unknown (2) |
Number Conducted at Worksite |
2,835 (2) |
Unknown (2) |
Number of Child Labor Violations Found |
0 (19) |
0 (2) |
Number of Child Labor Violations for Which Penalties Were Imposed |
N/A (19) |
N/A (2) |
Number of Child Labor Penalties Imposed that Were Collected |
N/A (19) |
N/A (2) |
Routine Inspections Conducted |
Yes (19) |
Yes (2) |
Routine Inspections Targeted |
Yes (19) |
Yes (2) |
Unannounced Inspections Permitted |
Yes (22) |
Yes (22) |
Unannounced Inspections Conducted |
Yes (19) |
Yes (2) |
Complaint Mechanism Exists |
No (19) |
No (2) |
Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services |
Yes (19) |
Yes (2) |
The number of labor inspectors is likely insufficient for the size of Senegal’s workforce, which includes over 6 million workers. According to the ILO’s technical advice of a ratio approaching 1 inspector for every 15,000 workers in developing economies, Senegal would need to employ about 317 labor inspectors. (33,34) The labor inspectorate has assigned one inspector and one controller, who assists the labor inspector in their duties, to child labor cases. (2,22)
While labor inspectors are allowed to conduct inspections in private homes and farms, where child labor is widespread, there were no inspections in these sites during the reporting period. (2) In November 2021, the Ministry of Labor, Social Dialogue, and Institutional Relations organized a workshop for labor inspectors on data collection in the fight against child labor in the informal economy. (2) Anecdotal reports indicate that there is a lack of child labor law enforcement in the informal sector, in which most children are employed. Research suggests that the labor inspectorate only has sufficient funding to inspect the formal sector. (2) The Government of Senegal does not have a dedicated hotline or complaint mechanism to receive reports of child labor. (2)
Criminal Law Enforcement
In 2021, criminal law enforcement agencies in Senegal took actions to address child labor (Table 7). However, gaps exist within the operations of the criminal law enforcement agencies that may hinder adequate criminal law enforcement, including insufficient training for criminal investigators.
Overview of Criminal Law Enforcement |
2020 |
2021 |
---|---|---|
Initial Training for New Criminal Investigators |
Yes (19) |
Yes |
Training on New Laws Related to the Worst Forms of Child Labor |
N/A (19) |
N/A |
Refresher Courses Provided |
Yes (19) |
Yes |
Number of Investigations |
Unknown (19) |
Unknown |
Number of Violations Found |
Unknown (19) |
Unknown |
Number of Prosecutions Initiated |
3 (19) |
Unknown |
Number of Convictions |
3 (19) |
Unknown |
Imposed Penalties for Violations Related to The Worst Forms of Child Labor |
Unknown (19) |
Unknown |
Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services |
Yes (19) |
Yes |
The government did not provide information on its criminal law enforcement efforts, including the number of investigations, the number of violations found, or the number of penalties imposed for violations related to the worst forms of child labor for inclusion in this report. (2)
The authorities have had limited success in prosecuting cases related to forced begging due to a lack of governmental coordination, resource constraints, and lack of political support. (2,3,9,15,35) Judicial officials often drop or reduce charges against Koranic teachers due to social and political pressures. (15) Although police stations in Senegal are expected to report cases involving children to the Ministry of the Interior and Public Security's Children's Unit, research found no evidence that this occurs regularly. Research was unable to determine how police stations handled cases that were not referred to the Children's Unit. (9) Research also indicates that training for criminal investigators was cursory and not sufficient to fully enforce existing laws protecting children against labor abuses. (2)
The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including the lack of an entity dedicated to coordinating efforts to address child labor.
Coordinating Body |
Role & Description |
---|---|
National Task Force Against Trafficking in Persons (CNLTP) |
Leads efforts to prevent trafficking in persons, prosecute perpetrators, and protect survivors. (36) Housed under MOJ. Includes elected officials and representatives from MWFGCP; the National Police; and the Department of Social Services. (2,35) Reports on human trafficking in Senegal and coordinates the implementation of the National Action Plan to Combat Trafficking in Human Beings. (9,35,36) In 2021, organized trainings on trafficking in persons for law enforcement, magistrates, and local elected officials. (2) |
Childhood Protection Unit (CAPE) |
Housed under the MWFGCP. Coordinates government efforts related to child protection, including through the implementation of the National Strategy on Child Protection. (2) Contributes to the creation and implementation of child protection policies, and is developing a national system for collecting and disseminating data on vulnerable children. Advocates on behalf of all entities working on issues related to child begging, violence against children, and child labor. (37) Brings complaints of child endangerment before the President of the Juvenile Court. (2) In April 2021, CAPE sponsored a workshop for various stakeholders on child digital literacy and protecting children against sexual exploitation online, especially during periods of school inactivity due to the COVID-19 pandemic. (38) |
Trafficking in Persons Database (Systraite) |
Launched in partnership with the IOM and funding from the USDOS with the aim to track cases of trafficking in persons. Initially piloted in Dakar, Saint Louis, Thiès, Kédougou, and Tambacounda. (17,39,40) Continued to function in the pilot cities in 2021. (9) |
While various bodies coordinated efforts to address forced child begging and commercial sexual exploitation of children, there was no active coordinating body dedicated to preventing and eliminating other forms of child labor, including in agriculture and domestic work. (2)
The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including the lack of a national policy covering all worst forms of child labor
Policy |
Description |
---|---|
National Action Plan to Combat Trafficking in Human Beings (2021–2023)† |
Drafted and implemented by the National Task Force Against Trafficking in Persons (CNLTP). (2) Structured around four priority areas: prevention; protection and care of victims; pursuit; and research, monitoring, evaluation, and partnerships. (42) Goals include raising awareness and advocating for legislation, conducting public awareness campaigns, improving capacity of shelters and services for survivors, strengthening the capacity of criminal law enforcement and the judicial system, and improving regional cooperation.(42) In 2021, efforts outlined within the plan commenced, including trainings for law enforcement and awareness-raising events. (36) |
National Strategy on Child Protection |
Aims to strengthen child protection systems in Senegal and accelerate behavioral change toward child protection. Organized around the pillars of prevention, care, and promotion of children's rights. (32) As part of this strategy, during the reporting year, the government, in coordination with the Child Protection Committee in the Dakar region, continued its program for the withdrawal and social reintegration of street children. (2) |
† Policy was approved during the reporting period.
In 2021, the government began the process of updating the National Action Plan on the Prevention and Abolition of Child Labor in Senegal, which expired in 2016. (2)
In 2021, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the inadequacy of programs to address the full scope of the problem.
Program |
Description |
---|---|
Removal and Socioeconomic Reintegration Program for Children in Street Situations†* |
Government of Senegal-funded and operated program to oversee the removal and socioeconomic reintegration of street children, many of whom are victims of forced begging. (2) Provides assistance to daaras to curb forced begging. Aids child victims by returning them to their families, providing shelter in government-sponsored centers, or placing them in foster families. (2) In 2021, the program spent $603,000 and assisted 10,934 children, including 418 removed from daaras or the street by the government. (2) |
Daara Modernization Program† |
$18.5 million government-funded voluntary program implemented by Tostan and the African Meeting for the Defense of Human Rights (La Rencontre Africaine pour la Défense des Droits d’Homme). Aims to eliminate forced begging and to regulate, inspect, and fund daaras. (19) The program continued in 2021. (32) |
Ginddi Center† |
Serves abused and vulnerable children, including runaway talibés, street children, and child trafficking survivors. (8,9,16,35) Provides food, education, vocational training, family mediation, medical care, and psychological care in its shelter. (16,35) Supports a 24-hour a day toll-free hotline, staffed by French, Wolof, and Pular speakers, that allows anonymous reporting of cases of child trafficking and/or labor abuse. (9,16) During the reporting period, continued to operate its hotline and provide assistance to survivors of child trafficking and labor exploitation. (2) |
Senegal Social Safety Net Program |
$108.55 million World Bank-funded project which aims to build social safety nets by providing targeted cash transfers to poor households. During the reporting period, the project continued to provide cash transfers to poor and vulnerable households. (43) |
Centers to address child trafficking† |
Provides monitoring, education, rehabilitation, and reintegration services for survivors of child trafficking through Ministry of Justice-run transit houses in Dakar, Pikine, and Saint-Louis. (8) During the reporting period, the government continued to provide food and shelter through these centers. (9,32) |
† Program is funded by the Government of Senegal.
* Program was launched during the reporting period.
Although the Government of Senegal has implemented programs to address child trafficking and forced begging, research found no evidence that the government has carried out programs to assist children involved in domestic work, agriculture, or mining. (2) Civil unrest for several days in March 2021 temporarily stopped the activities of the Removal and Socioeconomic Reintegration Program for Children in Street Situations program, and as of December 2021, the government has not yet resumed program activities. In addition, sometimes rehabilitated street children who are returned to their families end up again being subject to forced begging in daaras. (2,36)
Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Senegal (Table 11).
Area |
Suggested Action |
Year(s) Suggested |
---|---|---|
Legal Framework |
Ensure that the law criminally prohibits the recruitment of children under age 18 by non-state armed groups. |
2016 – 2021 |
Establish criminal penalties for the use of children in illicit activities. |
2021 |
|
Clarify forced begging provisions in the Penal Code and the Law Concerning the Fight Against Trafficking in Persons to explicitly prohibit forced begging, including alms-seeking, under any circumstances. |
2017 – 2021 |
|
Ensure that the law governing hazardous work prohibitions for children is comprehensive. |
2016 – 2021 |
|
Raise the minimum age for work to the age up to that which education is compulsory. |
2018 – 2021 |
|
Enforcement |
Publish all relevant information on labor inspectorate funding and on the number of inspections conducted, including those conducted at worksites. |
2013 – 2021 |
Establish a mechanism to receive child labor complaints, and track cases of child labor for referral to law enforcement or social services providers. |
2014 – 2021 |
|
Increase the number of labor inspectors to meet the ILO’s technical advice, provide adequate labor inspectorate funding, and ensure that cases of child labor are formally reported. |
2010 – 2021 |
|
Ensure that labor inspections and enforcement are carried out in the informal sector, including in private homes and farms. |
2014 – 2021 |
|
Publish criminal law enforcement information on the number of investigations, violations found, and imposed penalties on the worst forms of child labor. |
2020 – 2021 |
|
Ensure that courts have sufficient resources and coordination to be able to successfully prosecute cases. |
2019 – 2021 |
|
Ensure that criminal cases involving child victims are referred to the Ministry of the Interior and Public Security's Children's Unit. |
2021 |
|
Ensure that training for criminal investigators adequately addresses issues related to the worst forms of child labor in Senegal. |
2019 – 2021 |
|
Coordination |
Establish a national coordinating body with established mechanisms to prevent and eliminate child labor. |
2021 |
Government Policies |
Adopt a national policy to address child labor. |
2016 – 2021 |
Social Programs |
Ensure that all children have access to education by eliminating school-related fees, building additional schools, improving school infrastructure and sanitation, ensuring access for students with disabilities, providing all children with access to birth registration, and protecting children in schools from sexual harassment and abuse. |
2011 – 2021 |
Institute programs to address child labor in domestic work, agriculture, and mining. |
2010 – 2021 |
|
Conduct education and awareness-raising activities among families of rescued street children to ensure children are not returned to forced begging. |
2021 |
|
Restart the removal activities of the Removal and Socioeconomic Reintegration Program for Children in Street Situations program. |
2021 |