Senegal's SenePlus Proposes Constitutional Reform Text Based on Pacte de Bonne Gouvernance

• Several organizations presented constitutional reform proposals based on the Pacte de bonne gouvernance at a conference in Dakar.
• The proposals aim to prevent a complete blockage or partisan adoption of the revised Constitution.
• A four-stage process is proposed for revising the Constitution, including publication of a consolidated text and expanded hearings.
• The reforms address issues related to budgetary constraints, high treason, and control of public assets.

The organizations are pushing for stricter control over the revision procedure, following the contested episode in the spring.

A conference was held in Dakar on August 12 by several organizations to present their proposals for constitutional reform. These proposals are based on the Pacte de bonne gouvernance, a document signed in 2024 by 13 presidential candidates, including President Bassirou Diomaye Faye and Assembly President Ousmane Sonko. The signatories claim that Sonko paraphrased the document at two different titles.

The organizations have been trying to meet with the head of state, the president of the Assembly, and several deputies since July 24. However, only Aïssata Tall Sall, president of the Takku Wallu Sénégal parliamentary group, has responded so far.

Mame Adama Gueye presented a set of proposals centered around the concept of 'active mandate' for citizens, which goes beyond mere electoral gestures.

The proposed reforms aim to prevent two potential pitfalls: a complete blockage of the revision process or the adoption of a partisan text rather than a consensual one. The organizations are pushing for stricter control over the revision procedure, following the contested episode in the spring.

The proposals rely on Article 103 of the Constitution, and suggest reforms to introduce a four-stage process for constitutional revision: publication of a consolidated text, expanded hearings, a motivated report, and transmission to the Assembly before any new adoption procedure. This would prevent hasty decisions, such as the previous attempt to revise the Constitution, which was rejected by the Constitutional Council after being presented to the Assembly on a Sunday evening for a vote scheduled less than 24 hours later.

The proposed reforms have significant implications for the separation of powers and the role of the judiciary in ensuring the independence of magistrates. The 'active mandate' concept, which includes measures such as the establishment of a judge of liberties and the sacralization of public goods against political clientelism, could fundamentally change the way citizens interact with their government.

The reforms also address issues related to budgetary constraints limiting legislative initiative, the definition of high treason, and the control of public assets. With over a third of individuals required to declare their wealth in default, the absence of an obligation to declare patrimony upon leaving office for the head of state is highlighted as a pressing issue.

Lawyers and compliance officers should watch for the potential implications of these proposed reforms on the separation of powers, particularly the role of the judiciary in ensuring the independence of magistrates.

Source: Original reporting via SenePlus