Sénégal: Cadre Légal Médecine Traditionnelle En Attente Depuis 2017

• Senegal lacks a specific legislative framework for traditional medicine practitioners, despite celebrating traditional medicine and valuing its pharmacopoeia.
• A draft law on traditional medicine practice, approved in 2017, has been awaiting legislative outcome for nine years.
• The ongoing finalization of the Health Code presents an opportunity to establish foundational principles for the sector, though it cannot replace a dedicated law.
• It is crucial to distinguish between regulating pharmacopoeia, which is an important component, and regulating the broader practice and practitioners of traditional medicine.
• Regional bodies like the West African Health Organization are pushing for harmonization, making Senegal's legislative inaction increasingly out of step with continental trends.

Despite celebrating traditional medicine and valuing its pharmacopoeia, Senegal still lacks a dedicated legislative framework for its practice and the full recognition of its practitioners.

Senegal faces a significant paradox concerning traditional medicine: while it celebrates its importance and values its pharmacopoeia, a specific legislative framework for its practice and the full recognition of its practitioners remains absent. This situation is particularly striking given that traditional medicine is deeply embedded in communities, relying on knowledge, practices, and expertise passed down through generations. Practitioners are often the closest healthcare providers for many, making it a vital component of community health and a concrete source of care for a segment of the population.

Africa is set to observe African Traditional Medicine Day on August 31st, an occasion dedicated to acknowledging, promoting, and integrating traditional medicine into national health systems. For Senegal, this commemoration should prompt a candid assessment of its current standing. The central question revolves around the actual role the nation intends to assign to traditional medicine within its broader healthcare system, especially in light of its profound societal roots.

Efforts to establish a legal framework for traditional medicine practitioners in Senegal have faced considerable delays. A draft law specifically addressing the practice of traditional medicine was approved by the Council of Ministers on May 31, 2017, following an opinion from the Supreme Court, and subsequently forwarded to the National Assembly. However, nine years later, this legislative initiative has yet to be finalized.

This prolonged delay stands in stark contrast to the significant role traditional medicine plays in Senegalese society and the advancements observed across the African continent and within the sub-region. A new opportunity for progress now arises with the ongoing finalization of the Health Code. While this new Code cannot replace a dedicated law, it is hoped that it will establish fundamental principles to guide the sector and the activities of traditional medicine practitioners, thereby laying an initial legal foundation and signaling clear political intent.

A crucial clarification is necessary for the future development of the traditional medicine sector: the regulation of pharmacopoeia must not be conflated with the regulation of traditional medicine itself. Pharmacopoeia, while an essential element, represents only one aspect of traditional medicine. The broader discipline encompasses a comprehensive array of knowledge, practices, and therapeutic methods, all of which are held and enacted by traditional medicine practitioners.

This distinction is not merely semantic; it directly impacts the profession's future. While Law No. 2023-06, enacted on June 13, 2023, provides an important framework for regulating medicines, other health products, and pharmacy activities, it is imperative to recognize that regulating pharmacopoeia and its derived products does not equate to regulating the profession of traditional medicine practitioners. The scientific, sanitary, and economic valuation of pharmacopoeia is vital and should continue, but it cannot serve as a substitute for the formal recognition and oversight of the practitioners themselves.

The ongoing regional momentum underscores the urgency for Senegal to address this legislative gap. The West African Health Organization (OOAS) actively promotes enhanced cooperation and harmonization of health policies across the community space. Senegal risks falling behind if it does not align with these regional dynamics by establishing a clear legal framework for its traditional medicine sector.

The absence of a specific legislative framework creates regulatory uncertainty for practitioners and stakeholders. Moving forward, it is essential to ensure that the recognition of practitioners and the comprehensive regulation of traditional medicine are prioritized, distinct from the necessary but separate regulation of pharmacopoeia. This will allow traditional medicine to achieve its rightful and fully integrated place within the national health system, reflecting its deep societal value and the evolving regional landscape.

Lawyers advising clients in Senegal's traditional medicine sector must note the current absence of a specific legislative framework for practitioners, despite a 2017 bill and the upcoming Health Code. This creates regulatory uncertainty, requiring close monitoring of legislative developments to advise on compliance and operational strategies, particularly distinguishing between pharmacopoeia regulation and practitioner recognition.

Source: Original reporting via Le Soleil