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Senegal's Mame Adama Guèye Proposes Four-Stage Constitutional Reform Process

Senegal·Briefly Analysis⏱️ 3 min read

Summary

  • Mame Adama Guèye proposes a four-stage process for Senegal's constitutional reform, emphasizing extensive citizen participation.
  • The process includes publication of a consolidated text, organization of hearings, preparation of a motivated report, and transmission to the National Assembly.
  • Guèye argues that revising Article 103 of the Constitution is necessary to specify minimum steps for publication, debate, and citizen appropriation in future constitutional revision procedures.

What Happened

'Ce n'est pas concevable qu'on fasse une réforme constitutionnelle à l'insu des citoyens', a insisté l'avocat.

Mame Adama Guèye, a lawyer and member of the 'Sursaut citoyen' civil society platform, proposed a four-stage process for Senegal's constitutional reform at a press conference in Dakar. The process aims to involve citizens extensively before submitting the draft to the National Assembly. According to Guèye, this approach will prevent the adoption of a constitutionally significant text without sufficient public knowledge and debate.

The four stages proposed by Guèye include: (1) publication of a consolidated text to inform citizens about the reform's content and facilitate public discussion; (2) organization of hearings with institutions, parliamentary groups, experts, political parties, and civil society organizations; (3) preparation of a motivated report presenting retained proposals, rejected ones, and those that could be referred back to organic law; and (4) transmission of the text to the National Assembly after a phase of citizen participation, examination, and appropriation.

Guèye emphasized that it is unacceptable for constitutional reforms to be made without informing citizens. He proposed revising Article 103 of the Constitution to specify minimum steps for publication, debate, and citizen appropriation in future constitutional revision procedures.

Legal Context

The proposal comes after a recent parliamentary sequence surrounding constitutional reform, which Guèye believes should serve as a lesson. He argues that a text of constitutional reform should not be presented to Parliament without being previously published and submitted to a broad public debate. The proposed four-stage process could set a precedent for future constitutional reforms in Senegal.

Guèye's approach is centered on making citizen participation an integral part of the constitutional revision process, rather than an accessory step. He believes that organizing a sequenced process will ensure effective citizen involvement and appropriation in reform proposals.

Why It Matters

The proposed four-stage process has significant implications for lawyers and compliance officers, particularly with regards to potential changes to Article 103 of the Senegalese Constitution. The process could impact the way constitutional laws are revised, making it essential for professionals in these fields to monitor developments closely.

Guèye's emphasis on citizen participation and appropriation is also noteworthy, as it reflects a shift towards more inclusive and transparent decision-making processes. This approach may serve as a model for future constitutional reforms not only in Senegal but also in other countries.

Practical Implications

Lawyers and compliance officers should watch for potential changes to Article 103 of the Senegalese Constitution, which may impact the process of revising constitutional laws. The proposed four-stage process could set a precedent for future constitutional reforms in Senegal.

Source

Source: Original reporting via Réforme constitutionnelle, Me Mame Adama Guèye propose un processus en quatre étapes

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