Senegal: out of step, outlawed

Free Collective. A bill that has been in the works for two years, initiated by the Collectif And Samm Djikko Yi (“Together for the Defense of Values” in Wolof), aimed to “over-penalise” homosexuality by creating a “homosexuality offence” in a country where the penal code already targets LGBT people. The bill provides for five to ten years’ imprisonment and a fine of up to 5,000,000 CFA francs [approximately 8,300 USD] for any LGBTI person. As a reminder, Article 319 (3) of the 1966 Penal Code already provides for a penalty of up to five years imprisonment and a fine of up to 1,500,000 CFA francs [approximately 2,500 USD] for indecent or unnatural acts committed between persons of the same sex.

However, on Wednesday 5th January, the Senegalese National Assembly rejected the bill, declaring the text “inadmissible as it stands,” before it had even reached the plenary session. The reason given for this was the existence of legal provisions that already severely repress homosexuality and so-called “acts against nature” in Senegal. The rejection of this law came as a relief; it would have only made matters worse for LGBTI people, who already have great difficulty finding lawyers to defend them. However, it is understood that the rise of Islamism in politics will lead to more attacks on the LGBTI community.

FC. The country’s prisons and correctional facilities are dilapidated and unfit for human habitation. For example, part of Diourbel prison was once a horse stable in colonial times. The inside of the prison has a foul odour due to overcrowding. There is also a cockroach infestation and poor ventilation, especially in the toilets. In the dry season, from March to June, the heat is unbearable, and there are frequent fights between prisoners, even for the most trivial reasons. Up to 40 or 50 prisoners are crammed onto mattresses which are riddled with holes or ruined by pests. Given these conditions, it is often up to the prisoners’ families to provide them with basic hygiene products.

The prison infirmaries only dispense paracetamol [acetaminophin]. Prisoners are only taken to the nearest district hospital in cases of serious illness, such as tuberculosis. The only care that seems to be provided is for the prisoners’ religious or spiritual needs. In every prison, Imams act as chaplains, and religious education is regularly offered by volunteers from the country’s Islamic dahiras¹.

Detention conditions for LGBTI persons in Senegal are particularly dire. Unlike other prisoners, they receive no family support, and the ensuing isolation can lead to suicidal thoughts. They are generally perceived as weak and are at greater risk of sexual violence.

The fear of retaliation from the “bosses” does not encourage them to speak out. The transfer of prisoners between facilities means that vulnerable prisoners can be moved to safer places. When it is discovered that a prisoners’ arrest was related to alleged homosexuality, the information spreads like wildfire on social media. Once their identity has been made public, transfer to another facility is the only way to spare the LGBTI prisoner’s life.

In Senegal, the topic of sexuality in prisons remains taboo. The prison service flat-out denies the issue; it refuses to distribute condoms, which has drastic health consequences regarding the spread of sexually transmitted diseases (STDs). Lesbians are not entitled to any special treatment from the authorities; they face detention conditions made very difficult by promiscuity, and a lack of sanitary tampons.

In light of all these shortcomings, the Senegalese state has shown a general lack of interest. LGBTI prisoners are seen as the nation’s deadwood.

FC. To make up for State’s failure to fulfil its obligations, activists sometimes visit prisons to help ease LGBTI prisoners’ daily hardship. This still happens all too often, often with the support of international organisations regarding a few specific high-profile cases. Outside of Dakar, this kind of outreach is much rarer.

The Free Collective would love to be able to get more involved with these people. Our most recent prison visit was to Kouttal prison in Kaolack, which is believed to be one of the harshest in the country.

Our visit was prompted by the arrest of Lamine Diop (pseudonym), who has since been sentenced to five years’ imprisonment, a term that he is now serving. Our objective was to assess the prisoner’s needs at that time, in view of later intervention. We also asked whether he would appeal his conviction, in spite of the difficulty in finding a lawyer willing to plead his case. Since Covid-19, access to prisons has been somewhat hampered for visitors due to health protocols. However, we must have a sustainable and specific program for both male and female prisoners to be visited, in order to prepare their reintegration into society in Senegal or elsewhere.