AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES

This report analyzes the legal and institutional framework of Indigenous Peoples’ and Community Conserved Territories and Areas (ICCAs) in Senegal. It details the transition from state-led conservation to decentralized governance, the role of Communal Natural Reserves (RNCs) and sacred sites, and the challenges regarding formal recognition and sustainability of community-led conservation efforts.

• Senegal has transitioned from a colonial-era conservation model based on state repression and exclusive ownership to a decentralized system. The 1935 colonial Decree established state conservation services, but subsequent laws, specifically Law 96-06 and Law 96-07 of March 22, 1996, transferred authority over environment and natural resources to local authorities including Regions, Municipalities, and Rural Municipalities.
• Communal Natural Reserves (RNCs) serve as a formal label for ICCAs in Senegal. There are approximately 33 RNCs covering about 758,880.42 hectares. These areas are created by resolutions of Rural Municipalities or Regional Councils and are governed by the relevant community or municipality.
• Sacred natural sites, particularly prevalent in the Casamance region, operate as informal ICCAs without formal legal backing. In the three departments of Casamance alone, 81 sacred sites were reported. These sites are often governed by families or informal councils of elders and strictly prohibit the exploitation of biological resources.
• State-managed protected areas in Senegal include 234 terrestrial sites covering 7,135,617 hectares (3.62% of the national territory), consisting of 209 forests, 10 reserves, 8 parks, and 7 game areas. Additionally, there are 5 Marine Protected Areas covering 103,000 hectares and 2 Marine Community Reserves (Somone and Palmarin) covering 11,150 hectares.
• ICCAs in Senegal face several threats, including the risk of non-compliance with land legislation, the imposition of state-appointed managers (Conservateurs) which alters community governance, and the loss of cultural values among youth due to globalization.
• The Kawawana ICCA in the Ziguinchor Region is cited as a typical example of community governance. Established in March 2010 and covering 9,665 hectares, it utilizes a system of zoning for biological rest and sustainable resource use, governed by bodies created by the local community.
• The report recommends the formal recognition of all ICCAs, including sacred sites, within national legislation and the National Strategy for Protected Areas. It suggests that the Forest Law and the Law of Hunting and Wildlife Protection should be revised to include these categories.

APA

Ndiawar, D., & Soulèye, N. (2012). AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES. Natural Justice. https://naturaljustice.org/wp-content/uploads/2015/09/Africa-Regional-Senegal.pdf

Chicago

Ndiawar, Dieng, and Ndiaye Soulèye. AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES. Natural Justice, 2012. https://naturaljustice.org/wp-content/uploads/2015/09/Africa-Regional-Senegal.pdf.

Wikipedia

{{cite report |last1=Ndiawar |first1=Dieng |last2=Soulèye |first2=Ndiaye |title=AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES |publisher=Natural Justice |date=September 2012 |url=https://naturaljustice.org/wp-content/uploads/2015/09/Africa-Regional-Senegal.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{ndiawar2012analysis, author = {Ndiawar, Dieng and Soulèye, Ndiaye}, title = {{AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES}}, institution = {Natural Justice}, year = {2012}, month = sep, url = {https://naturaljustice.org/wp-content/uploads/2015/09/Africa-Regional-Senegal.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }