Public space: "Article 245 of the Penal Code prohibits certain forms of begging" (JSF)

For the past few days, images of foreigners begging in the capital have been widely circulated on social media. In this context, Justice Without Borders (JSF) has published a statement regarding begging in public spaces.

Led by legal consultant El Amath Thiam, the report reiterates that "Article 245 of the Senegalese Penal Code prohibits certain forms of begging." This provision remains in force, he states, "even if it is rarely enforced in practice." The report also emphasizes that "Article 8 of the Constitution guarantees the right to a healthy environment, which obliges the authorities to ensure respect for citizens' living conditions."

“Justice Without Borders also reminds us that maintaining public order rests on three essential pillars: public safety, public tranquility, and public health. Their preservation is a responsibility of the State in the interest of all. However, the response to begging cannot be solely repressive. It must reconcile the application of the law, respect for human dignity, and the protection of the most vulnerable people,” El Amath Thiam and Co. stated.

They state that "the debate is not about nationality or the origin of people, but about the need to organize the occupation of public space in compliance with the law, human dignity, the general interest and the values of the Republic."

Thus, JSF urges public authorities, "in particular local authorities, to break with ad hoc responses and to engage in a structured, inclusive public policy that respects human rights, effectively reconciling the preservation of public order and respect for the environment."