Senegal Constitutional Amendment Requires Public Officials' Asset Declarations

• A law passed by parliament in Senegal requires public officials to declare their assets upon taking office and leaving office.
• The law replaces existing provisions in the law related to the Office National de Lutte contre la Fraude et la Corruption (OFNAC).
• High-ranking officials, including the President of the National Assembly and the Prime Minister, must declare their assets publicly upon taking office and leaving office.
• The law aims to increase transparency and prevent corruption in Senegal's governance.

La consécration constitutionnelle proposée ne crée pas une obligation entièrement nouvelle pour le président de l’Assemblée nationale et le Premier ministre. Elle élève au niveau constitutionnel une obligation, qui existe déjà dans la loi en lui conférant une stabilité et une solennité supérieure.

A constitutional amendment in Senegal aims to make public officials' asset declarations more transparent. The law, passed by parliament, requires the president of the National Assembly and the Prime Minister to declare their assets upon taking office and leaving office, just like the President of the Republic. This move is seen as a step towards increasing transparency in governance. According to Justice Minister Moussa Sarr, the amendment gives 'an assise constitutionnelle' to the obligation of asset declaration, making it a durable requirement for public governance.

The amendment was proposed to go further and give asset declaration a constitutional basis, removing it from the ordinary law and making it a permanent requirement. The President of the Republic, Bassirou Diomaye Faye, remains committed to strengthening transparency in public affairs through a package of reforms that will be submitted to popular approval by referendum, though no date has been set for this broader referendum.

The Justice Minister represented the government during the extraordinary session to examine the proposal to modify Article 37 of the Constitution, related to the President's asset declaration. Sarr argued that it is not opportune to reserve an obligation of publicity only for the President of the Republic and that transparency requirements should apply in a spirit of institutional balance and equality.

The law replaces existing provisions in the law related to the Office National de Lutte contre la Fraude et la Corruption (OFNAC) concerning the President of the National Assembly and the Prime Minister. According to Sarr, this move is guided by the principle of 'suprématie de la Constitution', which gives precedence to constitutional provisions over ordinary laws.

The Justice Minister emphasized that a reform of such importance cannot be limited to piecemeal adjustments but must be integrated into a broader reflection on institutions. He also highlighted the President's commitment to transparency, stating that the head of state adheres fully and entirely to the principle of making asset declarations public at the beginning and end of their term.

However, Sarr noted that this reform would gain coherence if it were inscribed in a more structuring constitutional revision.

This constitutional amendment has significant implications for transparency and accountability in Senegal. By requiring high-ranking officials to declare their assets upon taking office and leaving office, the government aims to increase public trust and prevent corruption. The move is also seen as a step towards strengthening institutional balance and equality.

Lawyers and compliance officers should pay close attention to this development, as it may require more frequent or detailed disclosures from high-ranking officials. Non-compliance could have significant consequences for those who fail to comply. As the Justice Minister emphasized, transparency is essential for good governance, and this amendment is a step in the right direction.

Lawyers and compliance officers should watch for the potential implications of this constitutional reform on the transparency and accountability of public officials in Senegal, particularly with regards to asset declarations. The new law may require more frequent or detailed disclosures from high-ranking officials, which could have significant consequences for those who fail to comply.

Source: Original reporting via Le Soleil