Women

Rape and Domestic Violence: The law criminalizes rape and domestic violence, but both occurred frequently, and authorities rarely prosecuted perpetrators. The law does not address spousal rape or the gender of victims. Rape is punishable by five to 20 years in prison. Victims often declined to report crimes to police due to custom, fear of stigmatization, reprisal, and a lack of cooperation from investigating police or gendarmes. Studies indicated citizens also were reluctant to report crimes because they feared police would ask the victim to pay for the investigation.

In domestic violence cases, authorities may file charges under general assault, which carries sentences of two to five years in prison and fines. Violence against a woman that causes an injury is punishable by up to five years in prison and a fine. If the injury causes mutilation, amputation, or other loss of body parts, it is punishable by 20 years of imprisonment; if the victim dies, the crime is punishable by life imprisonment. Assault constitutes grounds for divorce under civil law, but police rarely intervened in domestic disputes, and courts rarely punished perpetrators.

Female Genital Mutilation/Cutting (FGM/C): Although the law and new constitution prohibit FGM/C, the country had an extremely high prevalence rate. According to a 2018 UNICEF survey, 94.5 percent of women and girls ages 15 to 49 had undergone the procedure, which was practiced throughout the country and among all religious and ethnic groups. The rate of FGM/C for girls between the ages of six and 14 dropped 6 percent since 2015.

The law specifies imprisonment of five to 20 years and a fine if the victim is severely injured or dies; if the victim dies within 40 days of the procedure the penalty is up to life in prison or death. The law provides for imprisonment of three months to two years and fines for perpetrators who do not inflict severe injury or death.

The government continued to cooperate with NGOs and youth organizations in their efforts to eradicate FGM/C and educate health workers, government employees, and communities on the dangers of the practice.

A total of 232 communities organized public declaration ceremonies of the abandonment of FGM/C practices and child marriage in 2019. Since January an additional 66 villages declared they abandoned FGM/C and child marriage. In addition, in February the president launched the International Day of Zero Tolerance to FGM Activities.

Sexual Harassment: The law prohibits all forms of workplace harassment, including sexual harassment. The constitution prohibits harassment based on sex, race, ethnicity, political opinions, and other grounds. The Ministry of Labor did not document any case of sexual harassment, despite its frequency. The law penalizes sexual harassment. Sentences range from three months to two years in prison and the payment of a fine, depending on the gravity of the harassment. Authorities rarely enforced the law.

Reproductive Rights: Couples and individuals have the right to decide the number, timing, and spacing of their children and to manage their reproductive health free from discrimination, coercion, or violence. Many couples and individuals, however, lacked access to the information and the means to enjoy these rights.

No law adversely affected access to conception, but low accessibility and poor quality of family planning services as well as limited contraception choices hindered access. Cultural barriers included a lack of male partner engagement or support for a woman’s decision to use family planning services; lack of decision-making power for women, as women in many cases needed approval from their husbands before using health services, including family planning; and expectations for newlywed couples to have children. Religious beliefs also hindered access. According to the 2018 Demographic and Health Survey, modern contraceptive prevalence rate among women aged 15-49 who were married or in a relationship was 11 percent.

According to the 2018 Demographic and Health Survey, 55 percent of women gave birth with a skilled healthcare professional present. Lack of quality health care and sociocultural barriers, such as preferring a female health attendant during pregnancy and childbirth, also affected women’s access to skilled health attendants when no midwives were available.

According to the 2016 UNICEF Multiple Indicator Cluster Survey, the maternal mortality rate was 550 per 100,000 live births. Lack of accessible, quality health services, discrimination, gender inequalities, early marriage, and adolescent pregnancy all contributed to the maternal death rate. According to the UN Population Fund (UNFPA), the adolescent birth rate was 120 per 1,000 girls age 15-19 years.

The government provided access to sexual and reproductive health services for survivors of sexual violence. Multisectoral committees at the national, regional, and local levels addressed gender-based violence, including sexual violence. Committee participants included health professionals, police, and administrative authorities. Health professionals provided health care, including sexual and reproductive health services, to survivors of sexual and domestic violence.

The prevalence of FGM/C among women aged 15-49 was 95 percent, according to the 2018 Demographic and Health Survey.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law does not provide for the same legal status and rights for women as for men, including in inheritance, property, employment, credit, and divorce. The law prohibits gender discrimination in hiring; the government did not effectively enforce this provision. There were no known limitations on women’s working hours, but there are legal restrictions to women’s employment in occupations and tasks deemed hazardous and in industries such as mining and construction. Traditional practices historically discriminate against women and sometimes took precedence over the law, particularly in rural areas.

Government officials acknowledged that polygyny was common. Divorce laws generally favor men in awarding custody and dividing communal assets. Legal testimony given by women carries less weight than testimony by men, in accordance with Islamic precepts and customary law.

In May 2019 the National Assembly amended the law to make monogamy the standard for marriage, except in the case of an “explicit agreement” with the first wife.

Women

Rape and Domestic Violence: The law prohibits rape but does not address the gender of victims. The law also does not address spousal rape. An amendment to the penal code passed in December 2019 increased the penalties for rape, child abuse, and pedophilia. It received widespread grassroots support from women’s and civil society groups outraged by egregious incidents of rape. Offenders that previously received five to 10-year sentences faced 10 to 20 years in prison, with possible life sentences in aggravated situations. Experts noted the government should train more gynecologists and psychologists to assist victims and raise awareness of the law among key actors in society, including police, judges, religious leaders, and media.

The government did not fully enforce existing laws, particularly when violence occurred within families. Although domestic violence that causes lasting injuries is punishable with a prison sentence of 10 to 20 years, and life imprisonment for murder, police usually did not intervene in domestic disputes. Several women’s groups and the Committee to Combat Violence against Women and Children (CLVF) reported a rise in violence against women.

NGOs, including the CLVF, noted the failure of some judges to apply domestic violence laws, citing cases in which judges claimed lack of adequate evidence as a reason to issue lenient sentences. NGOs also noted the government’s failure to permit associations to bring suits on behalf of victims and the lack of shield laws for rape.

The number of incidents of domestic violence, which many citizens considered a normal part of life, were much higher than the number of cases reported. The Ministry of Justice is responsible for combating domestic violence, but it did not undertake any programs to address rape and domestic violence. The government-run Ginddi Center in Dakar provided shelter to women and girls who were survivors of rape or child, early, and forced marriage as well as to street children.

On February 20, a judge placed a Quranic teacher in custody for the alleged rape of minors younger than 13 years, following accusations that he abused a number of young students attending his religious school.

Female Genital Mutilation/Cutting (FGM/C): The law provides criminal penalties for the perpetration of FGM/C on women and girls, but authorities prosecuted no cases. FGM/C was practiced in the country with an average prevalence of 25 percent, with dramatic variation across regions and ethnic groups, including rates as high as 80 percent in some regions, according to UNICEF and local surveys.

Sexual Harassment: The law mandates prison terms of five months to three years and modest to substantial fines for sexual harassment, but the problem was widespread. The government did not effectively enforce the law.

Reproductive Rights: The law provides that all couples and individuals have the right to decide the number, spacing, and timing of their children, and to have access to the means to do so, free from discrimination, coercion, or violence.

In 2019 qualified providers attended 75 percent of deliveries. According to government statistics, 53 percent of women of reproductive age had their need for family planning satisfied with modern methods.

The government provided access to sexual and reproductive health services for survivors of sexual violence.

According to 2017 data from the Ministry of Health and Social Action, the maternal mortality ratio was 236 deaths per 100,000 live births. The ministry estimated most maternal deaths in childbirth were preventable, caused by the lack of medical equipment and qualified providers, particularly in rural areas. FGM/C exposed women to increased obstetrical complications during labor and childbirth.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides for the same legal status and rights for women as for men, although there are legal restrictions on women in employment, including limitations on occupations and tasks but not on working hours. Nevertheless, women faced pervasive discrimination, especially in rural areas where traditional customs and discriminatory rules of inheritance were strongest.

The law’s definition of paternal rights also remained an obstacle to equality between men and women. The law considers men to be heads of household, preventing women from taking legal responsibility for their children. Additionally, any childhood benefits are paid to the father. Women may become the legal head of household only if the husband formally renounces his authority before authorities or if he is unable to act as head of household.

While women legally have equal access to land, traditional practices made it difficult for women to purchase property in rural areas. Many women had access to land only through their husbands, and the security of their rights depended on maintaining their relationships with their husbands. Discriminatory laws and policies also limited women’s access to and control over capital.

The Ministry for Women’s Affairs, Family Affairs, and Gender has a directorate for gender equality that implemented programs to combat discrimination.