Decree No. 2013-730 May 28, 2013

Original Language Title: Décret n° 2013-730 du 28 mai 2013

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Presidency of the Republic Decree No. 2013-730, may 28, 2013 Decree No. 2013-730, 28 may 2013 for the establishment of the National Commission for reform of the Institutions.

REPORT of Senegal PRESENTATION is, in Africa, a country of constitutional continuity and political copy. Having never known unconstitutional break and in his political life, the country has known independence three Constitutions. The 26 August 1960 Constitution dedicated the rights of man and of the citizen and established a parliamentary system, which ended in 1962 at the end of a political crisis between the President of the Republic (head of State) and the President of the Council (head of Government).

The second constitution of March 7, 1963 was adopted to prevent crises arising from the Executive bicephalism. While strengthening the fundamental rights in its corpus, it establishes a presidential system with an Executive played by the President of the Republic, a National Assembly composed of members elected by direct universal suffrage and a judiciary consisting of the courts and tribunals. It will gradually proceed with the devolution of the Executive power with the creation of the post of Prime Minister in 1970 and establish a pluralist democracy from 1974.

After the alternation of March 2000, adopted the Constitution of January 22, 2001, currently in force. The new constitution has proclaimed the legal value of the preamble, updated the list of international instruments for the protection of human rights, sliced some recurrent debates in the political system in deciding inter alia that the President may now be political party leader, reconsidered the powers of the Prime Minister, provided for the forfeiture of the transhumant members and consolidated some democratic acquis for example imposing the mandatory use of the referendum to revise the limitation to two presidential terms.

Senegal is, despite well-known identified shortcomings in the functioning of the institutions, democracy has proved its worth in political, constitutional continuity stability, respect for human rights, experimentation of political pluralism, routinization of the electoral game and trivialization of political alternation occurred twice in 2000 and 2012.
For its qualitative improvement by appropriate reforms, the Senegalese political system needs a harmonious combination of continuity and constitutional Innovation which can draw inspiration from the conclusions of the national Assizes of Yoonu Yokkute program and the universal constitutional heritage.

To ensure that the conduct of the process of national consultation on these reforms be carried out it was established the National Commission for reform of the institutions (CNRI), whose President was appointed by Decree.
Attached to the Presidency of the Republic, the Commission is composed of members selected by the President and appointed by Decree. It has for mission to undertake a broad consultation with all the forces of the nation to collect their views on the qualitative changes to the functioning of the political system.

At the end of its mission circumscribed within a period of six months, the Commission will formulate in a report submitted to the President of the Republic of the reform proposals aimed at strengthening the core Republicans, to deepen democracy, consolidate the rule of law and to modernize the regime political. The proposed reforms may find their translation in an amendment of the Constitution, the organic laws and ordinary laws.
Such is the economy of this Decree.

The President of the Republic, pursuant to the Constitution, particularly articles 43 and 76;

Having regard to Decree No. 2012 - 427 of 03 April 2012 appointing the Prime Minister;

Mindful of Decree No. 2012-1223 05 November 2012 on the distribution of the services of the State and control of public institutions, societies and corporations with public participation between the Presidency of the Republic, the Prime Minister's Office and the ministries, amended by Decree No. 2013-11 January 3, 2013.

Decrees: Article 1. -It is created a National Commission for reform of the institutions (CNRI).
The Commission is attached to the Presidency of the Republic.

S. 2. - the National Commission for reform of the institutions is responsible for:-conduct in a manner inclusive and participatory national dialogue on the reform of the institutions;
-make all proposals aimed at improving the functioning of the institutions, consolidate democracy, to deepen the rule of law and to modernize the political regime.

S. 3 - the reforms proposed by the National Commission for reform of the institutions can find their translation in an amendment of the Constitution, the organic laws and ordinary laws.

S. 4. - the National Commission for reform of the institutions, in addition to its President, Amadou Makhtar Mbow appointed by Decree, includes the following members:-a vice president:-Mr. Mamadou Lamine Loum, Inspector of Treasury;
-a rapporteur:-Mr. Abdoulaye Dieye, lecturer at the Université Cheikh Anta Diop;
-a rapporteur Deputy:-Mr. Moussa Mbaye, sociologist, psychologist;
-Ms. Aminata Diaw Cissé, Professor at the Université Cheikh Anta Diop;
-Mrs. Ndeye Marie Dimitrov, teacher;
-Mr. Abdoulaye Bara Diop, sociologist retired;
-Mr. Serigne Diop, Professor at the Université Cheikh Anta Diop, Ombudsman of the Republic;
-Mr. Sidiki Kaba, lawyer;

-Mr. Cheikh Hamidou Kane, Professor;
-Mr. Ahmadou Fadel Kane, Professor;
-M. Amadou Mahtar Marak, retired judge;
-Mr. Saliou Mbaye, archivist, librarian;
-Mr. Aloïse Raymond Ndiaye, Professor;
-Mr Rafiq Ndiaye, Economist;
-Mr. Seydou Madani Sy, retired Professor;
-Ms Maimouna Namdev Touré, retired judge;
-Mr Samba Traoré, Professor at the Université Gaston Berger;
-Mr. Babacar Toure, journalist, President of the national Council of audiovisual regulatory.
The National Commission for reform of the institutions may call all the skills necessary for the performance of its tasks.

S. 5. - the Commission shall meet convened by the Chairman whenever necessary.
It fixes freely its rules of operation.
Members of the National Commission and any person who attends its meetings are held in the secrecy of deliberations.

S. 6. - at the end of his mission, which may not exceed 6 months, the National Commission for reform of the institutions shall provide a report to the President of the Republic.

S. 7 - the means necessary for the implementation of the tasks entrusted to the Commission are provided for in the budget of the Presidency of the Republic.

S. 8 - this Decree shall be published in the Official Journal.
Made in Dakar, may 28, 2013, by the President of the Republic, Macky SALL.

The Prime Minister, Umrans.