Paragraph 421
Legislative Measures: Decree 12 December 1905 concerning the suppression of the slave trade (Journal Officiel de l’Afrique-Occidentale Française 1906, page 17), amended by the Decrees of 8 August 1920 and 30 April 1946
Decree of 20 February 1946, making the marriage of a women under marriageable age or without her consent tantamount to her enslavement. (J.O.S. 1946, page 334).
Article 341 of the Penal Code, amended by the Decree of 19 November 1947 prohibiting the enslaving or the pledging of a third person.
Article 3 and 249 0f Art No. 61-34 of 15 June 1961, establishing a labour code (Journal Officiel 1961, page 1015), which define and provide penalties for forced labour.
Article 7
The human person is sacred. It is inviolable. The State has the obligation to respect it and to protect it.
Every individual has the right to life, to liberty, to security, to the free development of his personality, to corporeal integrity, notably to protection against all physical mutilations.
The Senegalese people recognize the existence of the inviolable and inalienable rights of man as the basis of all human community, of peace and of justice in the world.
Article 8
The Republic of Senegal guarantees to all citizens the fundamental individual freedoms, the economic and social rights as well as the collective rights. These freedoms and rights are notably:
- the civil and political freedoms: freedom of opinion, freedom of expression, freedom of the press, freedom of association, freedom of assembly, freedom of movement [déplacemnent], [and] freedom of manifestation,
- the right to work,
These freedoms and these rights are exercised within the conditions provided for by the law.
Article 9
All infringement of the freedoms and all voluntary interference with the exercise of a freedom are punished by the law.
Article 14
All the citizens of the Republic have the right to move themselves and to establish themselves freely on the whole extent of the national territory as well as abroad.
These freedoms are exercised within the conditions provided for by the law.
Article 18
Forced marriage is a violation of individual liberty. It is forbidden and punished within the conditions established by the law.
Article 25
Everyone has the right to work and the right to seek [prétendre] employment. No one may be impeded in their work for reason of their origins, of their sex, of their opinions, of their political choices or of their beliefs. The worker may affiliate with a union and defend their rights through union action.
Constitution of Senegal 2001 (revised 2009) (PDF)
Article 245
Begging is prohibited.
Soliciting alms the days, in the places and under conditions consecrated by religious traditions is not an act of begging.
Any act of begging is liable to imprisonment three months to six month.
Will be punished in the same trouble those who leave beg minors twenty one years under their authority.
All have beggars worn or threat will entered without permission occupier or persons his house or in a home or in a pens or dependent; Or who will pretend wounds or disabilities; Or who will beg in meeting, unless it are husband and wife, the parent and Young children, the blind and its driver, will be punished by imprisonment of six months to two years.
Article 334
Those who, without an order from the constituted authorities, and in cases where the law orders the seizure of the accused, shall have arrested the detained or sequestered persons of any kind, shall be punished with penalties for forced labor in the course of ten to twenty years.
Anyone who lent a place to execute detention or imprisonment shall be subject to the same penalty.
The same penalty shall also be imposed on those who have concluded a convocation for the purpose of alienating the liberty of a third person free of charge or for consideration. The confiscation of money, objects or securities received in execution of the said agreement shall always be pronounced. The maximum penalty shall always be imposed if the person subject to the agreement is less than fifteen years of age. Anyone who has placed or received a person as a pledge for any reason shall be liable to imprisonment From one month to two years and a fine of between 2,000 and 150,000 francs or one of these penalties only. The term of imprisonment may be increased to five years if the person put up or received as a pledge is less than fifteen years of age.
The offenders may in any case be deprived of the rights mentioned in Article 34 for at least five years and not more than ten years.
Article 335
If the detention lasted more than one month, the penalty will be that of forced labor in perpetuity.
Article 346
Anyone who, by fraud or violence, abducts or causes to be abducted or has been dragged, diverted, displaced or has been dragged, diverted or displaced from places where they were placed by the authorities or the administration Of which they were subjected or entrusted, will undergo the penalty of forced labor in time of five to ten years.
Article 347
If the minor thus abducted or diverted is under the age of fifteen years, the penalty shall be that of forced labor in perpetuity.
However, the penalty will be that of forced labor from five to ten years if the juvenile is found alive before the sentence has been handed down.
The abduction will carry the death penalty if followed by the death of the minor.
Penal Code (PDF)
Art.L.4.
Forced or compulsory labor is prohibited.
The term "forced or compulsory labor" means all work or service which is exacted from any person under the threat of any penalty or sanction and for which the said person has not offered himself willingly.
However the term "forced or compulsory labor" do not understand :
- any work or service required under the laws military service and assigned to work military character;
- any work or service required of an individual as a consequence of a conviction handed by the judicial authority;
- any work or service required of an individual in case of war, disaster and putting circumstance endanger or threaten to endanger, the life or normal living conditions of the whole or a part of the population ;
- any work or service required of an individual in case of war, disaster and putting circumstance endanger or threaten to endanger, the life or normal living conditions of the whole or a part of the population ;
- the work of general interest as they are defined by the laws on civil obligations
Art.L.279.
be punishable by a fine of 500 000 1,000,000 CFA francs and with imprisonment of 3 months to 1 year or one of these penalties :
c) any person who, by violence, threat deception, fraud or promise, or will be forced tried to force a worker to to hire, against his will, or by the same means, have tried to prevent or will have prevented from hiring or fill the obligations under the contract;
Labour Code (PDF)
Section 1. trafficking
First article. The recruitment, transportation, transfer, harboring, receipt of persons by threat or use of violence, abduction, fraud, deception, abuse of power or of position of vulnerability or of the giving or benefit payment acceptance to achieve the consent of a person having control over another person, for the purpose of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude is punished with imprisonment from 5 to 10 years and a fine of 5 to 20 million francs.
The offense is constituted when the recruitment, transportation, transfer, harboring or involves a minor, even if none of the means listed in the preceding paragraph is used. Criminal detention from 10 to 30 years is incurred when the offense is committed through the use of torture or barbarism or to human organ harvesting or it exposes the victim to an immediate risk of death or nature of injuries lead to permanent disability.
Law to Comabat Trafficking in Persons and Related Practices and to Protect Victims 2005 (PDF)
