Presidency of the Republic Decree No. 2016-306 of 29 February 2016 Decree No. 2016-306 of 29 February 2016 on the publication of the draft law on revision of the Constitution the President of the Republic, pursuant to the Constitution, especially article 51;
Having regard to Decree No. 2016 - 261 February 18, 2016 fixing the date of a referendum and the convening of the electoral body.
Having regard to Decree No. 2016-262 19 February 2016 on the organisation of a referendum;
Having regard to decision No. 1/C/2016 12 February 2016 of the Constitutional Council;
Having regard to the opinion of the President of the National Assembly by 18 January 2016 on the draft revision of the Constitution, decreed: Article 1. -The draft law on revision of the Constitution annexed to this Decree will be published and brought to the attention of voters by any appropriate means.
Section 2. -The Minister of Justice, Garde des Sceaux and Minister of the Interior and public security are responsible, each in relation to the implementation of this Decree which shall be published in the official journal.
Made in Dakar, February 29, 2016 Macky SALL by the President of the Republic: the Prime Minister Mahammed Boun Abdallah DIONNE annex draft law on revision of the Constitution presentation of reasons several decades of constitutional life have enabled Senegal to update its institutional mechanisms critical to the Republican practice.
Indeed, for more than fifty (50) years, the different jurisdictions of the internal political game were able to testify the strength to any test of our institutional scheduling.
During these moments, coinciding with a sacralization of the human rights and freedoms, the liveliness of the Senegalese citizens dynamics, constantly maintained by successive regimes, has administered proof that the rule of law is a reality in Senegal.
This is therefore our political and institutional history that go beyond have preserved us dramatic torments, has made the bed of the reputation of Senegal as a major democracy in Africa and the world.
To maintain this reputation, the President of the Republic stated its willingness to promote reforms aimed at modernizing the political system, to strengthen good governance as well as to consolidate the rule of law and democracy.
In this momentum and fully consistent with our traditions of openness and political dialogue, the President of the Republic has, by Decree No. 2013-730 may 28, 2013, established the National Commission for reform of the institutions (CNRI) responsible for conducting consultations on the reform of the institutions and make all proposals aimed at improving the functioning of the institutions.
The commission has undertaken, in the context of the mission it entrusted the formulation of proposals for reforms.
Taking into account proposals, constitutional experiences and the remarkable progress already made by our country in the field of governance of public affairs, it is necessary to agree on something: the democratic maturity of Senegal is real and no doubt.
Are an eloquent illustration, the anchor's our pluralist electoral tradition, pledge of stability of the Senegalese political regime, respect and guarantee of human rights, the permanence of social cohesion, peaceful succession at the head of the State who are today the secret of the socialization of our democratic values.
Thus, the President of the Republic took the option of a reform that preserves the institutional stability while deepening democracy and good governance; strengthening the rule of law and expanding the rights and freedoms of citizens.
In total, this reform aims to bring the following innovations: 1. modernization of the role of political parties in the democratic system;
2. the participation of independent candidates in any election;
3. the promotion of local governance and territorial development through the creation of the High Council of territorial communities;
4. the recognition of new rights to citizens: rights to a healthy environment on their natural resources and land heritage;
5. the strengthening of citizenship through the consecration of duties of the citizen;
6. the restoration of the quinquennium for the presidential mandate;
7. strengthening the rights of the opposition and its leader;
8. the representation of the Senegalese living abroad by deputies to them dedicated;
9. the enlargement of the powers of the National Assembly in the control of government action and evaluation of public policies;
10. the submission to the Constitutional Council of the organic laws for constitutionality before promulgation;
11. the increase in the number of members of the Constitutional Council of five (5) to seven (7);
12. the proposal by the President of the National Assembly of 2 of the 7 members of the Constitutional Council;
13. the enlargement of the powers of the Constitutional Council for advice and exceptions of unconstitutionality raised before the Court of appeal;
14. the entrenchment of the principles of decentralization and deconcentration;
15. the inviolability of the provisions relating to the mode of election, to the duration and the number of consecutive terms by the President of the Republic.
Such is the economy of the draft revision of the constitution of January 22, 2001, to be submitted to the referendum.
First article. -Articles 4, 6, 26, 27, 28, 58, 59, 60, 62, 71, 78, 81, 85, 86, 89, 92, 102 and 103 of the Constitution of January 22, 2001 are amended and replaced by the following: 'Article 4. -Political parties and coalitions of political parties contribute to the expression of suffrage under the conditions laid down by the Constitution and the law. They work in the training of citizens, to the promotion of their participation in national life and in the management of public affairs.
The Constitution guarantees to independent candidates participating in all types of election in the conditions defined by the law.
The political parties and coalitions of political parties, independent candidates, are required to respect the Constitution and the principles of national sovereignty and democracy. It is forbidden to identify race, ethnicity, gender, religion, a sect, a language or a part of the territory.
Political parties are also required to strictly observe the rules of good Associational governance under penalty of sanctions that could lead to the suspension and dissolution.
The Constitution guarantees equal rights to political parties, including those who oppose the policy of the Government in place.
The rules of constitution, suspension and dissolution of political parties, the conditions in which they operate and benefit from public funding are determined by law. "'Article 6. -The Institutions of the Republic are:-the President of the Republic;
-the National Assembly;
-the High Council of territorial communities;
-the Council economic, social and environmental;
-the Constitutional Council, the supreme court, the Court of Auditors and the courts and tribunals. "'Article 26. -The President of the Republic is elected by direct universal suffrage and the absolute majority of the votes cast. "'Article 27. -The term of office of the President of the Republic is five years.
No person shall serve more than two consecutive terms. "'Article 28. -Every candidate for the Presidency of the Republic shall be exclusively of Senegalese nationality, enjoy civil and political rights be of thirty-five (35) years at least and seventy-five (75) years the polling day. It must write, read and fluent in the official language. ""Article 58. -The Constitution guarantees political parties who oppose the policy of the Government the right to oppose.
The Constitution the opposition a status that allows it to fulfill its missions.
The Act defines this status and sets out the rights and duties is related as well as those of the leader of the opposition. "'Article 59. -The representative Assembly of the Republic of Senegal named National Assembly. It exercises legislative power. Vote, alone, the law, control the action of the Government and assesses public policies.
Members of the National Assembly carry the title of Member of Parliament.
MEPs are elected by direct universal suffrage. Their mandate is five years. It can be abbreviated by dissolution of the National Assembly.
The Senegalese living abroad elect deputies.
Courts and tribunals shall ensure the regularity of the election campaign and vote under the conditions determined by an organic law.
An organic law fixed the number of members of the National Assembly, their allowances, eligibility requirements, the regime of the ineligibilities and incompatibilities. "'Article 60. -Any Member who resigns from his party in legislature is automatically stripped of its mandate. He was replaced in the conditions determined by an organic law. "'Article 62. -The organic law on the rules of procedure of the National Assembly shall determine:-the composition, the rules of operation of the office, as well as powers, prerogatives and duration of the mandate of its President;
-the number, mode of designation, composition, the role and the competence of its standing committees, without prejudice to the right, for the National Assembly, to create temporary special committees;
-the organisation of administrative services under the authority of the President of the Assembly, assisted by an Administrative Secretary-general;
-the conditions of constitution of parliamentary groups and affiliate members to such groups;
-the disciplinary regime of its members;
-different modes of election, excluding those provided for expressly in the Constitution;
-in General, all the rules relating to the functioning of the National Assembly within its constitutional competence. ""Article 71. -After its adoption by the National Assembly by an absolute majority of the votes cast, the Act is forwarded without delay to the President of the Republic for promulgation. ""Article 78. -Qualified organic laws under the Constitution are passed and amended by an absolute majority of the members of the National Assembly.
They cannot be enacted if the Constitutional Council, required by the President of the Republic, declared them in accordance with the Constitution.
Articles 65 and 77 of this Constitution shall not apply to organic laws. "'Article 81. -The Prime Minister and other members of the Government can be heard at any time by the National Assembly and its committees. They can be assisted by collaborators.
The standing committees of the National Assembly can hear the Directors-General of public establishments, national societies and executing agencies.
These hearings and means of control shall be exercised under the conditions determined by the organic law on the rules of procedure of the National Assembly. ""Article 85. -Members can ask the Prime Minister and other members of the Government, who are required to respond to written questions.
Members can ask the Prime Minister and members of the Government, who are required to answer oral questions and topical issues. The questions and answers y related are not followed by voting.
The Prime Minister and other members of the Government are presented to the National Assembly, at intervals to attach parts, agree to meet emerging issues members.
The National Assembly may designate, in its midst, commissions of inquiry.
The law determines the conditions of organization and functioning and the powers of the commissions of inquiry. ""Article 86. -The Prime Minister may, after deliberation by the Council of Ministers, decide to ask the question of confidence on a programme or a policy statement. The vote on the question of confidence cannot intervene than two clear days after it has been raised.
Confidence is denied public ballot by absolute majority of the members of the National Assembly. The refusal of confidence leads to the collective resignation of the Government.
The National Assembly may cause the resignation of the Government by the vote of a motion of censure.
The motion of censure shall, on pain of inadmissibility, be coated the signing of one tenth (1/10th) of the members of the National Assembly. The vote on the motion of censure cannot intervene only two days after its deposit on the bureau of the National Assembly.
The motion of censure is passed to the public vote, by an absolute majority of the members of the National Assembly; only are counted the votes in favour to the motion of censure. If the motion of censure is adopted, the Prime Minister shall immediately surrender the resignation of the Government to the President of the Republic. A new motion of censure may be filed during the same session.
The Prime Minister may, after deliberation by the Council of Ministers, engage the responsibility of the Government to the National Assembly on the vote of a Finance Bill. In this case, this project is considered as adopted unless a motion of censure, tabled within 24 hours that follow, is passed under the conditions laid down in the preceding paragraph. The Prime Minister may, in addition, use this procedure to another project or a proposal of law by session. ""Article 89. -The Constitutional Council consists of seven (07) members including a president, a vice-president and five (05) judges.
Their term of Office is six (06) years.
The President of the Republic appoints the members of the Constitutional Council whose two on a list of four personalities proposed by the President of the National Assembly.
The Chair is appointed by the President of the Republic. There a casting vote in case of sharing.
The conditions to be fulfilled in order to be appointed a member of the Constitutional Council are determined by organic law.
The mandate of the members of the Constitutional Council may be renewed.
It can be put an end to the functions of the members of the Constitutional Council before the expiry of their mandate on their application or physical disability, and under the conditions laid down in the organic law. "'Article 92. -The Constitutional Council knows of the constitutionality of laws and international commitments, conflicts of jurisdiction between the Executive power and the legislative power, as well as exceptions of unconstitutionality raised before the Court of appeal or the supreme court.
The Constitutional Council may be seized by the President of the Republic for an opinion.
The Constitutional Council considers the regularity of the national elections and referendums and announce the results.
The decisions of the Constitutional Council are likely to no routes of appeal. They impose on Governments and all administrative and judicial authorities.
The Court of Auditors considers the accounts of public accountants. She checks the regularity of revenue and expenditure and ensure the proper use of credits, funds and securities managed by the services of the State or other legal persons of public law.
It provides the verification of accounts and management of public enterprises and organizations with public financial participation. She said, and apure de facto management. It punishes management mistakes against the State, local authorities and bodies subject to its control. ""Article 102. -Local authorities constitute the institutional framework of the participation of citizens in the management of public affairs. They administer freely through assemblies elected by direct universal suffrage.
They participate in the territorialisation of public policies, the implementation of the general policy of the State as well as in the development and monitoring of development programmes in their territories.
Their organization, their composition and their operation are determined by the law.
The implementation of decentralization is accompanied by devolution which is the general rule of distribution of competences and means between the civil administrations of the State. ""Article 103. -The initiative of the revision of the Constitution belongs concurrently to the President of the Republic and the members.
The Prime Minister may propose a revision of the Constitution to the President of the Republic.
The project or the proposal for the revision of the Constitution was adopted by the National Assembly according to the procedure laid down in article 71 of this Constitution. The review is final after approval by referendum.
However, project or proposal is not presented in the referendum when the President of the Republic decides to submit to the National Assembly.
In this case, the project or the proposal is approved only if it meets the majority of the three fifth (3/5) of the votes cast.
Articles 65 and 77 of this Constitution shall not apply to the constitutional laws.
The Republican form of the State, the mode of election, the duration and the number of consecutive terms by the President of the Republic may be subject to revision.
Paragraph 7 of this article may be subject to revision.
Section 2. -The titles of titles II and XI of the Constitution are amended as follows: ' title II '. -RIGHTS AND FUNDAMENTAL FREEDOMS AND DUTIES OF CITIZENS ".
'Title XI. -TERRITORIAL COMMUNITIES. ' Article 3. -It is added after article 25 of the Constitution, an article 25-1, an article 25-2 and a section 25-3 thus worded: "Article 25-1. -The natural resources belong to the people. They are used for the improvement of their living conditions.
Exploitation and management of natural resources should be transparent and so generate economic growth, to promote the well-being of the population in general and to be environmentally sustainable.
The State and local authorities have an obligation to ensure the preservation of the land heritage.
Article 25-2. -Everyone has the right to a healthy environment.
The defence, preservation and improvement of the environment shall be borne by the public authorities.
Public authorities have the obligation to preserve, restore essential ecological processes, to fill in responsible management of species and ecosystems, to preserve the diversity and integrity of the genetic heritage, requiring environmental assessment for plans, projects or programs, to promote environmental education and the protection of populations in the development and implementation of projects and programmes whose social and environmental impacts are significant.
Article 25-3. -Every citizen is obliged to follow the Constitution, laws and regulations, inter alia, to perform his civic duties and to respect the rights of others. It must ensure to fulfill its tax obligations and to participate in the work of economic and social development of the Nation.
Every citizen has the duty to defend the homeland against aggression and to contribute to the fight against corruption and misappropriation of public funds.
Every citizen has the duty to respect and uphold the public good, but also to refrain from all acts likely to endanger public order, security, safety and peace.
Every citizen has the duty to preserve natural resources and the environment of the country and to work towards sustainable development for the benefit of present and future generations.
Every citizen has a duty to register civil status acts concerning and those which relate to his family under the conditions determined by law.
Article 4. -Is added after article 66 of the Constitution, title VI bis "of the High Council of territorial communities" with an article 66-1 to read: "Article 66-1. -The High Council of territorial communities is a consultative Assembly. It gives a reasoned opinion on the policy of decentralization and regional planning.
An organic law determines the mode of designation, the number and titles of the members, as well as the conditions of organization and functioning of the institution.
Article 5 -Sections 104 to 108 of the Constitution of 22 January 2001 relating to the provisions transitional are repealed.