Senegal President: Referendum on Article 37 Revision

• Senegal's President Bassirou Diomaye Faye had announced a referendum on a constitutional amendment that included changes related to Article 37, but that amendment was rejected by the Constitutional Council.
• The decision followed careful consideration by the Head of State and was part of a broader effort to modify the country's constitutional framework.
• A two-thirds majority vote in both houses of parliament or a national referendum is required for any revisions to Article 37. Current efforts to amend Article 37 are focused on parliamentary adoption.

This move came as part of a broader effort to modify the country's constitutional framework.

Senegal's President Bassirou Diomaye Faye had announced a referendum on revising a constitutional amendment that included changes related to Article 37. The decision was made after careful consideration by the Head of State, according to Minister Moussa Sarr, the current Minister of Justice, Keeper of the Seals. This move came as part of a broader effort to modify the country's constitutional framework. However, the Constitutional Council subsequently rejected that specific constitutional amendment in July 2026, effectively halting the referendum. Currently, a new proposed amendment to Article 37, focusing on asset declaration requirements, is pending a parliamentary vote in August 2026, with the parliamentary majority pushing for its promulgation without a referendum.

Article 37 of Senegal's Constitution has been under review for some time, with various stakeholders proposing changes. The current constitutional framework has been in place since the country's independence in 1960. Any revisions to Article 37 would require a two-thirds majority vote in both houses of parliament or a national referendum. While a referendum was previously announced for a constitutional amendment that included changes related to Article 37, that specific amendment was rejected by the Constitutional Council. The government's current legislative efforts to amend Article 37 are focused on parliamentary adoption rather than a referendum.

The potential revision of Article 37 has significant implications for Senegal's constitutional framework and future legislation. Lawyers and lawmakers will need to closely monitor the government's actions on this issue, as it could impact compliance requirements and the country's legal landscape. The outcome of the ongoing parliamentary process regarding Article 37 will also set a precedent for how constitutional changes are made in Senegal, potentially influencing other countries in the region.

Lawyers should watch for potential changes to Senegal's constitutional framework and monitor the government's actions regarding article 37, as this could impact future legislation and compliance requirements.

Source: Original reporting via Le Garde des Sceaux