Legal and institutional Framework of Senegal`s Environmental Policy

REPUBLIQUE DU SENEGAL
Un Peuple-Un But-Une Foi
-------------*******------------
Legal and institutional framework of Senegal’s
environmental policy
SANOU DAKONO
NAIROBI, October 5th to 13rd
SENEGAL’s OVERVIEW

AREA :
196 722 Km2 ;

OFFICIAL LANGUAGE : FRENCH

CAPITAL :

POPULATION :
13, 6 million (2013)

CURRENCY :
CFA

4 RIVERS :
DAKAR
-
Senegal River (North)
–
Saloum River ( middle)
–
Gambia River ( Middle)

– Casamance River ( South)
ATLANTIC

OCEAN SEABOARDS : 500km
4 BORDERING COUNTRIES :
Mauritania (North), Mali ( East) ;
Conakry Guinea, Bissau Guinea and
Gambia (South-West)
THE OVERALL PICTURE OF ENVIRONMENTAL
LAW AND INSTITUTIONAL ARRANGEMENTS
- The Art 8 of the Constitution has enshrined the
principle of environment protection in these
terms .“the Republic of Senegal guarantees all
citizens the right to a clean and healthy
environment”
- The management of environment and natural
resources is decentralized to local authorities
by the decentralization Act (1996) but the
lawmaking competence still remains the
responsablity of the central government
through an institutional arrangement.
INSTITUTIONAL ARRANGEMENTS
IMPLEMENTATION INSTITUTIONS
Ministry
MEDD
CESE
DPVE
DEFCCS
DPN
DEEC
DAMP
1-Ministry of environment and
Sustainable Development (MEDD)
2- Environmental, Economic and
Social Council (CESES)
3- Direction of Water,Forestry, Hunt
and Land Management (DEFCCS)
4- Direction of National Park ( DPN)
5- Direction of Environment and
Classified Establishments
6- Direction of forecasting and
environmental monitoring
7 – Direction of Marine Protected
Areas
8 – Direction of Green Financing and
Partnerships
DFVP
DEEC : National Focal point of environmental
implementation policy and legislation
Roles :
Prevention and Control of Pollution and other hazards
- Combate Climate Change (mitigation and adaptation)
- Management and monitoring of environmental projects,
plans etc.
- Authorize and monitor the classified installations
- Draft Proposals environmental Acts, Law and régulations
- Combating coastal erosion
Composition :
Climate Change Division / Environmental Impact
Assessment Division / Pollution and Nuisance Control
Division / Classified Establishment Contrôl Divison, Air
quality management center, Urgence Environment
-
Climate Change
Division: Mitigation and
adaptation offices
DEEC
Air quality
management center
Classified
Establishment Contrôl
Divison
Pollution and Nuisance
Control Division
Environmental Impact
Assessment Division
Urgence
Environment : free
green phone number
1221
Other stakeholders in charge of
environmental Law implementation

Departments of: Agriculture/ Hydraulic / Sanitation / Fishing /Industry/

interdepartmental Technical Committees intervening in various areas of

- Climate Change : COMNACC ( National Committee against Climate Change)

- management of pesticides and pollutants : CNGPC ( National Committee of
pesticide and pollutants management)

Basel Center which serves as the secretariat of the conventions of
Basel,Stockholm and all other related to chemical wastes and products for African
Francophone Countries )

Environmental Impact Assessment : CTVEIE ( Technical Committee of EIA
Validation)

Sustainable Development : CNDD ( Sustainable Development National Committee)

Desertification : CONACILSS ( National Committee against Desertification )
Energy/Mining /urban development etc.
environment protection such as :
NB : Members of these committees come from the other involved ministries and
the private sector. They are designated by decree. DEEC ensures the technical
secretariat
Environmental Law Framework

REFERENCES ENVIRONMENTAL LEGISLATION

Code of Environment entered into force since 2001 ( currently being
reformed). It implements the general principles of environmental law among
which : the precautionary principle,the principle of the right to sue, the
principle of Public participation, the polluter pays principle etc..

This Environment Code and its implemented decrees and orders cover the
major field of environment such as : Pollution of Air, water and land –
Environmental Impact Assessment- domestical, industrial, chemical waste
management, Energy, transportation, mining etc..

The final chapter is devoted to administrative pecuniary and criminal
sanctions, such as : suspension or removal of the operating permit Requisition of products -closure of classified installations etc..

Civil : Fines and charges in case of infringements

…
and criminal sanctions : prison sentences
CONT’
THE OTHER ENVIRONMENT LEGISLATIONS :

Code of Water ( 1981) ,

code of Hunting and Wildlife protection (1986)

Code of Mining ( 2003)

Code of Town Planning (2008)

Biosecurity Act (2009)

framework law on renewable energies( 2012)

Plastic ban and plastic waste management Act ( 2015)

SPECIAL IMPLEMENTED REGULATIONS ( DECREES AND ORDERS)

Environmental Impact Assessment Order : any development project requires an
environmental impact assessment approved by the technical inter-ministerial
committee before being allowed to start. This EIA contain a Environmental and
Social Management Plan in which the measures must be respected by the project
operator

Waste oil management Order

Transportation of dangerous substances Decree

Rejection of industrial waste water Order

Gas stations opening Order
National implementation of international
environmental Law instruments

Strategies and Actions plan of international Conventions implementation
CLIMATE CHANGE

- National Strategy of UNCC implementation (1999)

- National Action Plan for the Environment (2004)

- 3 National Communications ( 1996-2010-2014),

- Nationally Appropriate Mitigation Action (NAMA 2013),

- Intended Nationally Determined Contribution (INDC 2015)

BIODIVERSITY :

- National Action plan of Biological Biodiversity 1998

- Forestry Action Plan of Senegal

DESERTIFICATION

- National Action Plan of Desertfication Control (1999)

SUSTAINABLE DEVELOPPEMENT :

- National action plan of promoting sustainable production and consumption (2002),

- National Strategy of sustainable development ( 2015)

HAZARDOUS WASTE AND PRODUCTS :

- National Action plan for POPs elimination

- Vienna Convention and the Montreal Protocol Action Plan for the Protection of the Ozone Layer

- Hazardous Waste Management Plan
SUCCESS STORIES

Special Fund for Environment: fed by environmental taxes, budgetary resources,
some of the fines and external grants

Fund of Mining Area Rehabilitation : fed by guarantee deposits made by the
miners after the environmental impact assessment

National Biogas Program : transformation of methane gas to household energy

Great Green Wall Agency; it is established through a multilateral agreement
among countries along the desert of Sahara. Its overall objective is the
achievement of the Great Green Wall in the Member States to fight against the
effects of climate change and desertification, and biodiversity loss, to generate
highly positive socio-economic impacts on people and sustainable management of
natural resources and integrated development of targeted dryland ( From Dakar to
Djibouti)

Import Taxes Exemption of any pollution control equipment and other material
contributing to the protection of natural resources ( Environment and Custom
Codes )

Urgence Environment Green Number : 1221 : people can use it to report any
environmental incidents or violations of environmental regulations
CHALLENGES
Despite the existence of this legal and institutional framework, we are still facing on
implementations problems mainly because of those ones :
FINANCIAL :

Inadequacy of budgetary resources (Only 1% of the national budget is allocated to
the Ministry of Environment )
CAPACITY BUILDING :

lack of environmental knowledges by the judicial actors

Lack of Public Awarness on environmental issues
TECHNICAL :

Coastal Erosion and anarchic occupation of the coastline

Bush Fires and deforestation

Waste management
POLITICAL :

institutional instability : Ministers are very frequently changed, each new one
comes with his owner priorities according to his political calendar that might be
different to the country needs.
THANK YOU FOR YOUR KIND ATTENTION