Legal Framework
The constitution defines the country as a secular state and provides for the free practice of religious beliefs, provided public order is maintained, as well as self-governance by religious groups free from state interference. The constitution prohibits political parties from identifying with a specific religion. It states religious discrimination is punishable by law.
Muslims may choose either the civil family code or sharia to adjudicate family conflicts, such as marriage and inheritance disputes. Civil court judges preside over civil and customary law cases, but religious leaders informally settle many disputes among Muslims, particularly in rural areas.
By law, all faith-based organizations, including religious groups and nongovernmental organizations (NGOs) representing religious groups, must register with the Ministry of Interior to acquire legal status as an association. To register, organizations must provide documentation showing they have been in existence for at least two years as an association. Organizations must also provide a mission statement; bylaws; a list of goals, objectives, activities, or projects implemented; and proof of previous and future funding. They must also pass a background check. Registration enables a group to conduct business, own property, establish a bank account, receive financial contributions from private sources, and receive applicable tax exemptions. There is no formal penalty for failure to register other than ineligibility to receive these benefits. Registered religious groups and nonprofit organizations are exempt from many forms of taxation.
The law requires associations, including religious groups and NGOs affiliated with them, to obtain authorization from the Ministry of Women, Family, and Gender in order to operate. This second registration requirement allows the government to monitor organizations operating in the field of social development and identify any interventions these organizations implement. Foreign NGOs must obtain authorization from the Ministry of Foreign Affairs.
By law, religious education may be offered in public and private schools, and parents have the option to enroll their children in the program. The government permits up to four hours of voluntary religious education per week in public and private elementary schools. The government allows parents to choose either a Christian or an Islamic curriculum. Parents have the opportunity to allow their children to opt out of the curriculum.
The country is party to the International Covenant on Civil and Political Rights.
Government Practices
In March the government restarted a 2016 campaign to implement a 2005 law forbidding forced child begging, an abuse encountered at some Quranic schools or daaras. The government worked closely with Muslim religious leaders to gain support for the campaign and for other initiatives, such as a draft law regulating traditional Islamic schools.
The government continued to provide direct financial and material assistance to religious groups, for use primarily in maintaining or rehabilitating places of worship or for underwriting special events. There continued to be no formal procedure for applying for assistance. All religious groups continued to have access to these funds and competed on an ad hoc basis to obtain them. President Macky Sall occasionally visited and supported beneficiaries of these funds. For example, every year members of the Mouride religious brotherhood travel to the seat of the brotherhood in Touba for the annual Magal pilgrimage. Under President Sall, the government constructed a new highway to connect Touba with the city of Thies to the west in order to ease travel for the pilgrimage. Although the highway was not complete in time for the Magal pilgrimage in October, the president opened up the nearly complete highway, free of charge, for all Magal pilgrims. The highway was subsequently completed and inaugurated by President Sall on December 20.
The government continued to assist Muslim participation in the Hajj and again provided imams with hundreds of free airplane tickets for the pilgrimage for distribution among citizens. In addition, the government organized Hajj trips for approximately 2,000 additional individuals. The government also continued to provide assistance for an annual Roman Catholic pilgrimage to the Vatican, the Palestinian territories, and Israel. The Catholic Church reported the government provided 380 million CFA francs ($668,000) for travel to the Vatican, compared with 370 million CFA francs ($651,000) in 2017.
The Ministry of Education continued to provide partial funding to schools operated by religious groups that met national education standards. It provided the largest share of this funding to established Christian schools, which in general maintained strong academic reputations. The majority of students attending Christian schools continued to be Muslim. The Ministry of Education reported approximately 50 percent of primary school students again participated in religious education through the public elementary school system during the year. The government also continued to fund a number of Islamic schools, which enrolled approximately 60,000 students.
The Ministry of Interior and the Ministry of Women, Family, and Gender continued to monitor domestic associations, including religious groups and NGOs affiliated with them, to ensure they operated according to the terms of their registration. The Ministry of Foreign Affairs continued to do the same with foreign-based NGOs, including those affiliated with religious groups. Each association submitted an annual report, including a financial report, which the ministries used in their effort to track potential funding of terrorist groups.