Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Forced Labour Convention, 1930 (No. 29) - Senegal (Ratification: 1960)

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Articles 1(1) and 2(1) of the Convention. Trafficking in persons. The Committee notes the adoption of Decree No. 2020-2064 of 27 October 2020 establishing the National Committee to Combat Trafficking in Persons and the Smuggling of Migrants (CNLTP), replacing the National Anti-Trafficking Unit, and extending the competence of the national coordination mechanism by formally assigning it a role of prevention and coordination in the fight against migrant smuggling. The Government adds, in its report, that a bill revising Act No. 2005-06 of 10 May 2005 on combating trafficking in persons and similar practices and the protection of victims was sent by the CNLTP to the Ministry of Justice. Similarly, a compensation fund for victims of trafficking was established by Decree No. 2023-920 of 26 April 2023. The Committee notes the adoption of the National Plan of Action to Combat Trafficking in Persons 2021–23, developed by the CNLTP. In this regard, it notes from the report submitted in 2023 by the Government to the United Nations Committee on Migrant Workers that a number of activities have been organized under the Plan of Action, including training workshops aimed at members of the judiciary at the regional level, organized by the CNLTP, to facilitate the identification of and psychological assistance, care and psychosocial support for victims of trafficking. The CNLTP also developed a Handbook for law enforcement officials, which facilitates the identification of trafficking victims, as well as Standard operating procedures for law enforcement services, on the identification and referral of victims of trafficking and their treatment in investigations and prosecutions. With regard to the data collection system on the various aspects of legal action taken in cases of human trafficking in Senegal (SYSTRAITE), the Government indicates that although the system was deployed in five pilot regions (Dakar, Kedougou, Saint-Louis, Tamba and Thies), the information available is fragmented and inconsistently collected (CMW/C/SEN/4, 19 July 2023). The Committee also notes the adoption, on 27 July 2023, of the National Strategy against Irregular Migration 2023–33, with particular emphasis on tackling exploitation and trafficking in persons.

The Committee welcomes the different measures adopted to strengthen efforts to combat trafficking in persons. It nevertheless notes with regret the absence of more specific information on the impact of these measures in practice, including the number of cases of trafficking in persons detected and of prosecutions and convictions in such cases. In this regard, the Committee notes that, in its concluding observations of 2022, the United Nations Committee on the Elimination of Discrimination against Women expressed particular concern about: (1) the fact that Senegal is a country of origin, transit and destination for trafficking in persons and that internal trafficking for purposes of sexual exploitation is equally prevalent; (2) the absence of data on the number of victims, investigations, prosecutions and convictions relating to trafficking in persons, particularly for purposes of sexual exploitation, forced labour and forced begging in Senegal and for purposes of domestic servitude in foreign countries; (3) the low rate of prosecutions and convictions and the lack of adequate mechanisms to identify victims of trafficking and refer them to appropriate services; and (4) reports of harassment by the police of women exploited in prostitution (CEDAW/C/SEN/CO/8, 1 March 2022).

The Committee urges the Government to continue its action against trafficking in persons, both for sexual exploitation and labour exploitation, and to provide information on activities undertaken to this end by the National Committee to Combat Trafficking in Persons and the Smuggling of Migrants (CNLTP), including under the trafficking component of the National Strategy against Irregular Migration 2023–33. The Committee requests the Government to provide a copy of the most recent annual report of the CNLTP containing data and statistics on action against trafficking in persons as well as any evaluation of action taken in this area. The Committee further urges the Government to continue to strengthen the capacity of law enforcement officials and to ensure that persons who engage in trafficking are effectively prosecuted and victims can receive adequate protection and assistance to assert their rights and reintegrate. In this regard, the Committee requests the Government to provide information on: (i) the number of investigations and prosecutions carried out, specifying the penalties applied pursuant to Law No. 2005-06; and (ii) the number of victims of trafficking who have benefited from protection and assistance services and the nature of such services, including through the compensation fund established by Decree No. 2023-920 of 26 April 2023, and to provide a copy of the Decree in question.

The Committee is raising other matters in a request addressed directly to the Government.