© 2003 Center for Reproductive Rights www.reproductiverights.org formerly the Center for Reproductive Law and Policy LAWS AND POLICIES AFFECTING THEIR REPRODUCTIVE LIVES SENEGAL PAGE 155 8. Senegal Statistics GENERAL Population I The total population of Senegal is approximately 9 million.1 I The average annual population growth rate between 1995 and 2000 is estimated to be 2.7%.2 I In 1995, women comprised 52% of the population.3 I In 1995, 42% of the population resided in urban areas.4 Territory I Senegal covers an area of 196,722 square kilometers.5 Economy I In 1997,the estimated per capita gross national product (GNP) was U.S.$550.6 I Between 1990 and 1997,the average annual growth rate of the gross domestic product (GDP) was 2.4%.7 I Approximately 40% of the population have access to primary health care.8 I The government allocates 6.5% of the national budget to the health sector.9 Employment I In 1997,women comprised 43% of the workforce, compared to 42% in 1980.10 I The distribution of women in the different sectors of the economy in 1994 was as follows: 87% in agriculture, 3% in industry,and 10% in services.11 I In 1991, the unemployment rate for women increased from 23.1% in 1988 to 26.6%.12 WOMEN’S STATUS I In 1997,the average life expectancy for women was 52.3 years, compared to 50.3 for men.13 I The adult illiteracy rate was 77% for women, compared to 57% for men.14 I In 1997, 46% of married women lived in polygamous unions.15 I The average age at first marriage for women aged 25-49 was 17.4 years.16 Among these women, 15% were married upon reach- ing 15 years, and 50% upon reaching 18 years.17 FEMALE MINORS AND ADOLESCENTS I Approximately 45% of the population is under 15 years old.18 I In 1995, primary school enrollment for school-aged girls was 50%, compared to 67% for boys. In secondary school, it was 12% for girls and 22% for boys.19 I The fertility rate of adolescents aged 15 to 19 is estimated at 155 per 1,000.20 I In 1996, 9% of total births in Senegal could be attributed to adolescents aged 15 to 19 years.21 I The prevalence of female circumcision/female genital mutilation is estimated at 20%.22 MATERNAL HEALTH I In 1997,the average total fertility rate (TFR) was estimated at 5.67 children per woman.23 The TFR in rural areas was 6.74, and 4.29 in urban areas.24 I Maternal mortality is estimated at over 600 per 100,000 live births.25 I Infant mortality is estimated at 68 per 1,000 live births.26 I Approximately 47% of births were assisted by trained birth attendants.27 I The average age at first birth is estimated at 20 years.28 PAGE 156 SENEGAL WOMEN OF THE WORLD: CONTRACEPTION AND ABORTION I Contraceptive prevalence for all methods combined (traditional and modern) is estimated at 11% and at 7% for modern methods.29 I Of those using modern methods, 2.7% used the birth control pill,1.4% used intrauterine devices,1.3% used injectables, 0.2% used barrier methods,1% used condoms, and 0.4% were sterilized.30 I With regard to sterilization, the largest percentage (2%) was among women aged 45-49 and the second largest (1.4%) among those aged 40-44.31 There was no reported sterilization among women aged 15-24, and the percentage was less than 1% among the remaining age groups.32 I A1995 study undertaken in urban areas illustrated that 52% of women who terminate pregnancies for the first time are between the ages of 15 and19; 23% of women who terminate pregnancies for the second time are between the ages of 30 and 34; and 50% of the women who terminate pregnancies are single.33 HIV/AIDS AND OTHER STIS I In 1997,the number of HIV-positive adults was estimated at 72,000, or 1.77% of the adult population.34 I Among HIV positive adults, the number of HIV-positive women was estimated at 36,000.35 I Since the beginning of the epidemic, 60,000 confirmed cases of AIDS have been recorded.36 I In 1997,there were an estimated 3,800 HIV-positive children and 49,000 orphans due to AIDS.37 I 7 out of 1,000 women (0.7%) and 10 men out of 1,000 (1%) indicated that they had an episode of any type of STI during the year 1997.Gonorrhea is probably the most rampant STI. Variations according to age are insignificant.38 ENDNOTES 30. Id. 1. U NITED NATION S POPULATION FUND (UNFPA), THE STAT E OF WORLD POPULATION, 31. Id. at 70 (1998) [hereinafter, THE STAT E OF WORLD POPULATION]. 32. Id. 2. MINISTÈRE DE L’ÉCONOMIE, DES FINANCES ET DU PLAN,DIRECTION DE LA PRÉVISION 33. Papa Demba Diouf, Demographer, Direction de la Prévision et de la Statistique. ET DE LA STATISTIQUE,DIVISION DES STATISTIQUES DÉMOGRAPHIQUES,ENQUÊTE DÉMO- 34. UNAIDS, REPORT ON THE GLOBAL HIV/AIDS EPIDEMIC, at 65 (June 1998). GRAPHIQUE ET DE SANTÉ AU SÉNÉGAL, at 2 (1997) [hereinafter, DHS III]. 35. Id. 3. MINISTÈRE DE LA FEMME, DE L’ENFANTETDELAMÈRE,PLAN D’ACTION NATIONA L DE 36. Id., at 68. LA FEMME SÉNÉGALAISE, 1997-2000, at 2 (November 1996) [hereinafter, PLAN D’ACTION 37. Id., at 65. NATIONA L ]. 38. DHS III, supra note 2, at 134. 4. T HE STAT E OF WORLD POPULATION, supra note 1, at 70. 5. EDS III, supra note 2, at 1. 6. THE WORLD BANK,WORLD DEVELOPMENT REPORT, at 191 (1998/99) [hereinafter, WORLD DEVELOPMENT REPORT]. 7. Id., at 211. 8. THE STAT E OF WORLD POPULATION, supra note 1, at 70. 9. P LAN D’ACTION NATIONA L , supra note 3, at 36. 10. WORLD DEVELOPMENT REPORT, supra note 6, at 195. 11. U NITED NATION S,THE WORLD’S WOMEN, at 148 (1995). 12. PLAN D’ACTION NATIONA L , supra note 3, at 27. 13. THE STAT E OF WORLD POPULATION, supra note 1, at 67. 14. WORLD DEVELOPMENT REPORT, supra note 6, at 193. 15. DHS III, supra note 2, at 56. 16. Id., at xix. 17. Id., at 59. 18. POPULATION REFERENCE BUREAU,1997 WORLD POPULATION DATA SHEET (1997). 19. T HE STAT E OF WORLD POPULATION, supra note 1, at 67. 20. Id. 21. DHS III, supra note 2, at 31. 22. MINISTÈRE DE LA FEMME, DE L’ENFANTETDELAFAMILLE,RAPPORT NATIONA L DU SÉNÉGAL À LA CONFÉRENCE PRÉPA RATOIRE À LA QUATRIÈME CONFÉRENCE MONDIALE SUR LES FEMMES (May 1994). 23. DHS III, supra note 2, at 25. 24. Id. 25. UNITED NATION S POPULATION FUND (UNFPA), RECOMMENDATION BY THE EXECU- TIVE DIRECTOR ON ASSISTANCETOTHEGOVERNMENT OF SENEGAL, at 2 (31December 1996). 26. DHS III, supra note 2, at 102. 27. THE STAT E OF WORLD POPULATION, supra note 1, at 70. 28. DHS III, supra note 2, at 30. 29. Id., at 40. LAWS AND POLICIES AFFECTING THEIR REPRODUCTIVE LIVES SENEGAL PAGE 157 arrondissements or districts, 60 communes (the 43 communes in I. Introduction Dakar’s districts are not included in this figure), and 320 rural The Republic of Senegal (Senegal), a constitutional democra- communities.25 cy, has had the same constitution, with numerous revisions, since 1963.1 In 1958, Senegal joined with French Sudan (now II. Setting the Stage: Mali) to form the Mali Federation, and declared its autonomy The Legal and from French colonial rule.2 By 1960, the Federation had gained full independence from France;3 and by August of Political Framework that year, the Federation dissolved, and Senegal became a sep- To understand the various laws and policies affecting women’s arate state.4 reproductive rights in Senegal, it is necessary to examine the Senegal’s first constitution, drafted in 1960, established a country’s legal and political systems.Without this background, multi-party democratic government headed by an elected it is difficult to determine the manner in which laws and poli- president and a prime minister.5 Mr. Leopold Sedar Senghor, a cies are enacted, interpreted, modified, and challenged. The renowned poet, became president, and Mr. Mamadou Dia, passage and enforcement of laws often involve specific formal prime minister.6 Mr. Dia was imprisoned after an unsuccessful procedures. Policy enactments, however, are not subject to such coup attempt in 1962,7 and Mr. Senghor subsequently moved processes. to eliminate the office of prime minister:8 in 1963 a new con- A.THE STRUCTURE OF GOVERNMENT stitution was approved that transferred all executive powers to The Constitution of the Republic of Senegal (the Constitu- the president.9 This strengthening of the office of president led tion) was enacted by Constitutional Law No. 63-22 of March to the introduction of a one-party system with a single party 7, 19 63. 26 It has been modified numerous times since its passage, in power.10 Because of unrest among civil servants and intel- most recently in 1992.27 The Constitution, which is the lectuals over the resultant imbalance of power, the constitution supreme law of the land, declares Senegal to be a secular, social was revised in 1970 to restore the office of prime minister, and democracy, and establishes three branches of government: Mr. Senghor appointed Abdou Diouf, his political protegee, to executive, legislative, and judicial.28 the post.11 Mr. Senghor was re-elected President of the Repub- lic in 1968,1973 and 1978.12 1.