During a recent review of Senegal’s implementation of the UN Convention on the Rights of Migrant Workers, the Committee on Migrant Workers noted a series of persistent challenges that migrants, refugees, and asylum seekers face in the country. Reflecting several recommendations that the Global Detention Project (GDP) made in its submission to the Committee in […]
Senegal: Blocking the West African Migration Route
The West African migration route leading to Spain’s Canary Islands saw a major spike in traffic in 2023, increasing by 161 percent compared to 2022, according to the European Union border agency, Frontex. As most of these crossings originate in Senegal and involve mainly young migrants, many under the age of 18, the country’s efforts […]
Senegal: Covid-19 and Detention
Senegal does not operate a dedicated immigration detention facility, according to information provided by the country’s Ombudsperson (Senegal’s Human Rights Committee, or SHRC). However, SHRC informed the GDP that a network of NGOs has launched a campaign to protect the rights of refugees, asylum seekers, and any other displaced persons during the pandemic. The coalition–which […]
Last updated: August 2009
Senegal Immigration Detention Profile
A major migrant source country, Senegal is also a destination and transit country for migrants and asylum seekers, many of whom attempt to use Senegal as a departure point for Spain’s Canary Islands. In recent years, Senegal has passed legislation and signed agreements with European countries aimed at preventing “clandestine” emigration from the country. Rights advocates claim that these efforts have resulted in increasing numbers of migration detainees in Senegal. Said one source interviewed by the Global Detention Project, “The border of Europe has been pushed back to Senegal. And with these increasing crackdowns, there is no guarantee for refugees who are caught up in mixed migrant flows” (Ndiaye 2009).
Detention Policy
The rights of immigrants and asylum seekers in Senegal are established in various laws, including, inter alia: the Loi relative aux conditions d’admission, de séjour et d’établissement des étrangers, 1971 (or the “Foreigners Act”); the Loi relative a la lutte contre la traite des personnes et pratiques assimilees at a la protection des victims, 2005 (“Law against Trafficking in People”); and the Loi no. 68-27 de 24 juillet 1968 modifiee portent status des refugies (“Refugee Law”).
According to the Foreigners Act, a non-citizen (étranger) is subject to imprisonment and a fine if he/she:
• Enters or returns to Senegal despite being notified that he/she is not allowed to do so;
• Remains in Senegal without appropriate authorization or after the expiration of authorization;
• Obtains residence authorization by fraudulent means;
• Works illegally in Senegal.
Senegal is a party to the 1951 Refugee Convention and has established legal criteria for the recognition and treatment of refugees and asylum seekers. These are set out in the 1968 Refugee Law as well as successive modifications (USCRI 2007). Governmental and non-governmental bodies generally applaud Senegal’s policies on refugees, reporting few or no cases of refoulement and highlighting the country’s protection system (U.S. State Department 2009; USCRI 2007).
The Global Detention Project has received contradictory information regarding Senegal’s detention practices. According to both the U.S. State Department and the U.S. Committee for Refugees and Immigrants (USCRI), undocumented immigrants can be held in administrative detention for up to three months while they await deportation (USCRI 2008; U.S. State Department 2009).
However, the Global Detention Project was unable to verify the law or regulation that stipulates the 3-month administration detention policy. A representative of the West African aid agency OFADEC, which works closely with refugees, told the Global Detention Project that he was unaware of the 3-month detention policy. He added, “The Senegalese government does not have the money or resources to keep immigrants in jail. Those arrested [because of their status] are typically released on bail after sentencing. Many of these people are linked up with trafficking rings, and as soon as they are freed they link back up with their networks and you never see them again” (Ndiaye 2009).
In its World Refugee Survey 2007, USCRI highlighted a number of detention cases, including the detention of refugees: “Authorities arrested at least six West and Central Africans for lack of valid papers. In April, authorities detained an Ivorian refugee overnight even though he had an attestation of refugee status. In August, authorities arrested two Liberians for illegal residence, held them for three weeks, and sentenced them to a month in prison. The Liberians had applied for asylum four months earlier, but the [National Commission for Eligibility] had not given them receipts. Authorities could hold persons in administrative detention for up to three months before deportation. No court reviewed refugees' or asylum seekers' detention. Generally, authorities informed UNHCR of arrests and, when necessary, UNHCR intervened to assure release” (USCRI 2008).
According to the U.S. State Department, in 2008 the Senegalese government “violated the rights of some asylum seekers by not offering them due process or security since appeals filed by denied asylum seekers were examined by the same committee that examined their original cases, and a denied asylum seeker can be arrested for staying illegally in the country. Those arrested sometimes remained in ‘administrative detention’ for up to three months before being deported” (U.S. State Department 2009).
Because of its status as a transit state for migrants trying to reach Europe, Senegal has passed legislation and worked closely with European partners to impede the trafficking of immigrants across its territory. The Law against the Trafficking in People, passed in 2005, has been widely applauded for its stringent penalties aimed at people traffickers (see, for example, U.S. State Department 2009b). However, the law broadly targets all those involved in “clandestine migration.” Article 4 of the law provides, “Illegal migration, organized by land, sea or air, as well as the use of national territory for origin, transit or destination, is punishable by 5-10 years imprisonment.” According to one rights advocate in Senegal, enforcement of this law has led to increases in the numbers of people, including both Senegalese and non-citizens, detained and prosecuted for migration-related offenses (Sadikh 2009).
Since passage of the 2005 anti-trafficking law, Senegal has signed a number of bilateral agreements with European countries, including Spain and France, aimed at cooperating in efforts to prevent “clandestine” emigration from Senegal and/or allowing for the repatriation of unauthorized immigrants (AFP 2008; Bernard 2006; Euronews 2006). According to rights groups, however, these agreements risk violating basic rights and have led to increased numbers of detainees. Amnesty International reported in 2007, “Thousands of migrants and asylum-seekers, mostly sub-Saharan Africans, continued to transit through Senegal. Many sought to reach the Canary Islands (Spain) and hundreds were arrested by Senegalese security forces. Coastal surveillance was reinforced after an agreement in August between Senegal and Spain to implement joint security measures to curb the flow of clandestine migrants. In September and October [2006], more than 90 Pakistani migrants, including at least one minor, were arrested, charged with attempted illegal immigration and repatriated” (AI 2007).
Human Rights Watch (HRW) has criticized a 2006 agreement between Spain and Senegal on the repatriation of unaccompanied children on the grounds that it provides too little time (20 days) to adequately assess situations. The group added, “The deadlines also increase the risk that information will be shared with the Senegalese government before an assessment is made whether a child or his or her family are subject to persecution and have a claim for protection under the Refugee Convention. Under these circumstances, sharing such information could conceivably place the child or the child's family at additional risk of persecution” (HRW 2008).
Detention Infrastructure
Senegal does not maintain dedicated facilities to hold immigration detainees in administrative detention. Instead, Senegal uses prisons and police stations to hold these detainees (Ministry of Interior 2009b; Sadikh 2009). According to one advocate who works with detained immigrants, the principal prisons used for this purpose include: Prison Centrale (aka “100 metres”), Liberte VI (for women), and Fort-B (for minors) in Dakar; and the prisons in Rufisque, Theis, and Saint-Louis (Sadikh 2009). Prisons are managed by the Direction de l'Administration Pénitentiaire of the Ministry of Justice (International Centre for Prison Studies 2008). Immigration detainees are under the authority of the Direction de la Police des Etrangers et des Titres de Voyage of the Ministry of Interior (Ministry of Interior 2009).
Facts & Figures
As of 2007, Senegal had 2,538 pending asylum claims and was home to more than 20,000 certified refugees (UNHCR 2008). The majority of refugees and asylum seekers in Senegal come from Mauritania. Others come from Guinea Bisseau, Rwanda, Liberia, Sierra Leone, and Cote d’Ivoire (USCRI 2007).
References
- Agence France Presse (AFP). 2008. “Senegal and Spain Prolong Cooperation to stop illegal immigration.” Agence France Presse. 21 May 2008.
- Amnesty International (AI). 2007. “Amnesty International Report 2007 – Senegal.” Amnesty International. 23 May 2007.
- Human Rights Watch (HRW). 2008. “Spain’s Push for Repatriations.” 17 October 2008.
- Bernard, Phillipe. 2006. “L’emigration, une manne indispensable pour le Senegal.” Le Monde. 27 septembre 2006.
- Euronews. 2006. “Francia y Senegal acuerdan frenar la inmigracion clandestine.” Euronews. 24 September 2006.
- International Centre for Prison Studies. Website. "Prison Brief for Senegal." Last updated 1 September 2008.http://www.kcl.ac.uk/depsta/law/research/icps/worldbrief/wpb_country.php?country=41 (accessed 21 July 2009).
- Journal Officiel de la Republique du Senegal. 1971. Loi relative aux conditions d’admission, de séjour et d’établissement des étrangers. Journal Officiel de la Republique du Senegal. 20 fevrier 1971.
- Ndiaye, Mamadou (OFADEC). 2009. Phone interview by Michael Flynn (Global Detention Project). 22 July 2009. Geneva, Switzerland.
- Ministry of Interior. Website. "Directions."http://www.interieur.gouv.sn/directions.php (accessed 17 July 2009).
- Ministry of Interior. 2009b. Phone conversation between unnamed official in the Ministry of Interior (Direction de la Police des Etrangers et des Titres de Voyage) and Michael Flynn (Global Detention Project). 17 July 2009. Geneva, Switzerland.
- Sadikh, Niass (RADDHO-Senegal). 2009. Email communication to Michael Flynn (Global Detention Project). 16 July 2009. Geneva, Switzerland.
- UN High Commissioner for Refugees (UNHCR). 2008. Statistical Yearbook: 2007. UNHCR. December 2008.
- UN Human Rights Committee. 1996. Consideration of Reports Submitted By States Parties Under Article 40 of the Covenant: Fourth periodic reports of States parties due in 1995: Addendum: Senegal. UN Human Rights Committee. CCPR/C/103/Add.1. 22 November 1996.
- U.S. Committee for Refugees and Immigrants (USCRI). 2007. World Refugee Survey 2006. USCRI. July 2007.
- U.S. Committee for Refugees and Immigrants (USCRI). 2008. USCRI. World Refugee Survey 2007. June 2008.
- U.S. State Department. 2009. 2008 Human Rights Report. U.S. State Department. 25 February 2009.http://www.state.gov/g/drl/rls/hrrpt/2008/af/119021.htm (accessed 24 June 2009).
- U.S. State Department. 2009b. Trafficking in Persons Report 2009. U.S. State Department. 16 June 2009.http://www.unhcr.org/refworld/docid/4a4214942d.html (accessed 20 July 2009).
DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
PRISON DATA
POPULATION DATA
SOCIO-ECONOMIC DATA & POLLS
LEGAL & REGULATORY FRAMEWORK
GROUNDS FOR DETENTION
LENGTH OF DETENTION
DETENTION INSTITUTIONS
PROCEDURAL STANDARDS & SAFEGUARDS
COSTS & OUTSOURCING
COVID-19 DATA
TRANSPARENCY
MONITORING
NATIONAL HUMAN RIGHTS MONITORING BODIES
NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)
NON-GOVERNMENTAL ORGANISATIONS (NGOs)
GOVERNMENTAL MONITORING BODIES
INTERNATIONAL DETENTION MONITORING
INTERNATIONAL TREATIES & TREATY BODIES
International Treaties Ratified
Ratification Year
Observation Date
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
2008
2017
OPCAT, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2006
2006
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2003
2003
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2003
2003
ICRMW, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
1999
1999
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1986
1986
Ratio of relevant international treaties ratified
Ratio: 15/19
Individual Complaints Procedures
Acceptance Year
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966
1978
1978
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999
2000
2000
Relevant Recommendations or Observations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on Migrant Workers
30. the Committee recommends that the State party:
b) To ensure that the detention of migrants is used only as a last resort and for the last resort and for the shortest possible time, after a case-by-case assessment of its legality, necessity and proportionality, and to ensure that the principle of non-refoulement is respected, in accordance with its General Comment No. 5 (2021) on the rights of migrants to liberty and protection against arbitrary detention...
Français;
b) De veiller à ce que la détention des migrants ne soit appliquée qu’en
dernier recours et pour la durée la plus courte possible, après une évaluation au cas par
cas de sa légalité, de sa nécessité et de sa proportionnalité et de s’assurer que le principe
de non-refoulement est respecté, conformément à son Observation générale no 5 (2021)
sur les droits des migrants à la liberté et à la protection contre la détention arbitraire.
2024
2024
2024
Committee on the Elimination of Racial Discrimination
27. Recalling its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee recommends that the State party:
(a) Establish a permanent mechanism to facilitate the issuance and renewal of refugee identity cards, and take appropriate measures to ensure acceptance of refugee identity cards by State and non-State services;
(b) Integrate a gender approach into its migration policy in order to put an end to the multiple forms of discrimination faced by some migrants because of their sexual orientation or gender identity;
(c) Take the necessary measures to prevent migrants, particularly those in an irregular situation, from becoming victims of economic exploitation, and to ensure that migrants in an irregular situation are able to engage in income-generating activities that provide them and their families with a decent standard of living;
(d) Ensure that the detention of migrants is used only as a last resort and for the shortest possible time, after a case-by-case assessment of its legality, necessity and proportionality, and that the principle of non-refoulement is respected.
2023
2023
2024
Committee on the Rights of the Child
K. Special protection measures (arts. 22, 30, 32–33, 35–36, 37 (b)–(d) and
38–40)
Asylum-seeking, refugee and migrant children
38. Welcoming the generally favourable environment to refugees and asylum
seekers, who have access to documentation, education, employment, and basic social
services, recalling the joint general comments No. 3 and No. 4 of the Committee on the
Protection of the Rights of All Migrant Workers and Members of Their Families/No.
22 and No. 23 of the Committee on the Rights of the Child (2017) on the human rights
of children in the context of international migration, the Committee recommends that
the State party:
(a) Ensure that the best interests of the child are a primary consideration in
all decisions in relation to asylum-seeking or refugee children and expedite the adoption
of the migration policy;
(b) Do not detain unaccompanied children and process cases involving
unaccompanied asylum-seeking and refugee children in a positive, humane and
expeditious manner, and identify durable solutions;
(c) Facilitate access to the asylum system for children in need of international
protection, in line with articles 6, 22 and 37 of the Convention and general comment No. 6;
(d) Adopt appropriate legislative and administrative measures to promote
and facilitate mass naturalization for refugee children and their parents who meet the
requirements of the Senegal’s Nationality Law within a reasonable timeframe;
(e) Develop comprehensive referral and case management frameworks for
services to children, including in the fields of physical and mental health services,
education and the police and justice sectors, including the provision of free legal aid,
particularly for unaccompanied and separated children;
(f) Remove Criminal Procedure Code’s articles that are applied to asylum-
seeking, refugee and migrant children.
2024
2024
2024
Committee on Migrant Workers
"§27. (a) amend act no. 71-10 of 25 january 1971 on conditions of admission, stay and establishment of foreigners in senegal so as to decriminalize irregular migration, since the committee is of the view that, in accordance with its general comment no. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families, staying in a country in an unauthorized manner or without proper documentation or overstaying a residence permit should not constitute a criminal offence;
(b) indicate in its next periodic report the number of migrants, disaggregated by age, sex, nationality and/or origin, who are currently being detained for having violated the law on migration, specifying the location, the average length and conditions of detention and providing information on the number of expulsions and the procedures followed;
(c) detain migrant workers for having violated the law on migration only in exceptional circumstances and as a last resort; and ensure in all cases that they are held separately from ordinary prisoners, that women are detained separately from men, that conditions of detention are in conformity with international standards and that alternatives to detention are used for children and their families and for unaccompanied minors;
(d) prohibit and consider alternatives to the administrative detention in police stations of foreigners awaiting deportation from the national territory."
"§31. (a) facilitate access by senegalese migrant workers residing abroad to consular and diplomatic assistance from the state party, particularly in cases of detention or expulsion;
(b) ensure that its consular services effectively carry out their duty to protect and promote the rights of senegalese migrant workers and members of their families and, in particular, provide the necessary assistance to any such persons who are deprived of liberty or subject to an expulsion order;
(c) take the necessary steps to ensure that the consular or diplomatic staff of the states of origin or of a state representing the interests of those states are systematically informed when one of their nationals is taken into custody in the state party."
2016
2016
Committee on Migrant Workers
" take the necessary steps to ensure that the detention of migrant workers in an irregular situation is only a measure of last resort and that, in all circumstances, such detention is carried out in accordance with article 16 and with article 17, paragraph 2, of the convention."
2010
2010
Committee on the Rights of the Child
§ 62. "The Committee urges the State party to adopt a comprehensive legal framework for refugees and asylum seekers in line with international standards and to develop an efficient cooperation mechanism with UNHCR to identify and provide assistance to children in need of protection, especially unaccompanied asylum-seeking children, and to facilitate their integration into Senegalese society including their access to education and to health and social services."
2016
2016
Committee against Torture
§ 34. The State party should:
(a) Ensure that the legislation governing asylum, extradition and expulsion of undocumented migrants explicitly recognizes the principle of non-refoulement;
(b) Expedite the procedure for determining refugee status and introduce a judicial remedy with an automatic suspensive effect that may be used to appeal expulsion decisions before a court competent to consider the appeal’s merits;
(c) Ensure that migration legislation and regulations allow for detention for migration-related reasons only as a measure of last resort, after all other alternatives have been duly considered and exhausted, in keeping with the principles of necessity and proportionality, and for as short a period as possible. Unaccompanied minors should not be detained.
(d) Ensure that effective judicial control is exercised over detention for immigration-related reasons and, when detention is considered necessary, ensure that immigrants in an irregular situation are transferred to a detention centre appropriate to their status.
2019
2019
Global Detention Project and Partner Submissions to Treaty Bodies
> UN Special Procedures
> UN Universal Periodic Review
REGIONAL HUMAN RIGHTS MECHANISMS
Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
HEALTH CARE PROVISION
HEALTH IMPACTS
COVID-19
Country Updates
Senegal does not operate a dedicated immigration detention facility, according to information provided by the country’s Ombudsperson (Senegal’s Human Rights Committee, or SHRC). However, SHRC informed the GDP that a network of NGOs has launched a campaign to protect the rights of refugees, asylum seekers, and any other displaced persons during the pandemic. The coalition--which is made up of the Pan-African NGO for Sustainable Development Education, the Senegalese Social Forum, and partners from the Migration and Development Network--seeks to provide refugees and asylum seekers with food and hygiene products, and to encourage decision makers to take into account the rights of migrants and refugees in all response and resilience plans throughout the pandemic.
According to UNHCR, in 2019 there were 37,554 people of concern within the country. Although Senegalese law provides for the granting of asylum or refugee status, the country’s President must approve each case causing delays of many years. Moreover according to refugee advocates, the government rarely grants refugee status or asylum, but generally allows those with pending applications, and some who have been rejected, to remain in the country. According to the U.S State Department (2019), “Police did not arrest denied asylum seekers for staying illegally in the country. Police did arrest asylum seekers if they committed crimes, but authorities generally contacted UNHCR in such cases to verify their asylum status and ensure they deported no one with a pending claim.”
Government Agencies
Ministry of the Interior (French), http://www.interieur.gouv.sn/
International Organisations
UNHCR Senegal Country Information Page, http://www.unhcr.org/senegal.html
IOM Senegal Country Information Page, https://www.iom.int/countries/senegal
NGO & Research Institutions
Rencontre Africaine Pour la Defense des Droits de l’Homme (RADDHO), http://raddho.com/
Office Africaine pour le Développement et la Coopération (OFADEC), http://www.ofadec.org/
Caritas Senegal, http://www.caritas.sn/Point-d-accueil-pour-refugies-et-immigres-Caritas-au-service-des-migrants_a390.html
Media
Le Soleil, http://www.lesoleil.sn/
