Key Benefits:
Law No. 2012-03 of 3 January 2012 amending and supplementing Act No. 2004-21 of the Act No. 2004-21 of 21 July 2004 This Act of 2004 defined for the first time the concept of the national statistical system and explained the basic principles of public statistics adopted in 1994 by the United Nations Statistical Commission. It has also set up a National Statistics Council chaired by the Head of Government to give more consideration to the statistical policy defined by the State, and a new central statistical agency: the National Agency for Statistics and Demography (ANSD) with legal personality and managerial autonomy. It appeared to be used, and in particular the course -prior authorisation (or visa) for censuses and surveys of public statistical services; -the obligation of transmission to the National Agency -transmission, under defined conditions, This exercise is used to clarify the mission of the National Statistics Council, to affirm the central role of the ANSD within the national statistical system and to institutionalize strategic programming for the management of the system National results-based statistics. As far as possible, the numbering of the new articles created preserves the numbering of the articles of the Act of 21 July 2004. The criminal provisions which were the subject of Articles 9, 13, 14 and 15 have been consolidated into a new chapter. This is the economy of this bill. The National Assembly adopted, at its meeting on Thursday, 27 October 2011; Senegal adopted, in its session on Tuesday The President of the Republic enacts the following legislation: Article 1. - The first Articles, 2, 3, 4 and 5 of Law No. 2004-21 of 21 July 2004 are amended as follows: Article 1. - (new) Article 2. - (new) Under this Act, the following means: 1) " Data collection " : surveys and all other methods of obtaining information from 2) " Developing " Activities aimed at the establishment, consolidation and improvement of statistical methods, standards and procedures used for the production and dissemination of statistics, as well as the design of new statistics and indicators; 3) " Broadcast " The activity by which statistics and statistical analyses are made available to users; 4) " Statistical survey " A technical operation consisting of collecting information on a part of the statistical units of a given population; 5) " Administrative files " : all records held by a public or semi-public authority or body containing information that can be used for dissemination in the form of statistics; 6) " Direct identification " The identification of a statistical unit based on its name or address or an identification number accessible to the public; 7) " Indirect identification " Identification of a statistical unit by any means other than identification 8) " Minister for Statistics " : the member of the government who provides technical supervision 9) " Production " : all activities related to 10) " Multiannual statistical programme " : all components of the national statistical system's medium-term development strategy; 11) " Annual statistical programme " : all activities of the multi-annual statistical programme 12) " Statistical census " : an investigation in which information is collected on all statistical units of a given population; 13) " Statistics " Quantitative and qualitative information, aggregated and representative, characterizing a collective phenomenon within a given population; 14) " Public statistics or official statistics " Statistics produced by the services and bodies of the National Statistical System authorised for this purpose by a legislative or regulatory text; 15) " National Statistical System " Partnership between suppliers, producers and users of public statistics, as well as statistical coordination bodies and national training institutions for statisticians; 16) " Statistical unit " The basic observation unit, such as a natural person, household or business, to which the data relate; 17) " Use for statistical purposes " : exclusive use for development, production of Article 3. - (new) Article 4. - (new) They shall collect, process and disseminate data according to the standards of production of quality information, impartially and objectively. Article 5. - (new) Natural and legal persons subject to statistical data collection operations shall be informed, by appropriate means, of the legal and institutional framework in which the activity is carried out. They shall also be informed of the objectives pursued by these operations, the purpose of the data collected, the methods of collecting and processing the data, the media and the timetable for the dissemination of the data collected and of the data collected. Provision adopted to ensure and ensure the confidentiality and protection of individual information in accordance with Article 6 (new) below. Art. 2. In Chapter 2, Section 1 of Law No. 2004-21 of 21 July 2004, the following Article is added after Article 5: Article 5. -bis Article 3. - Articles 6, 7 and 8 of Law No. 2004-21 of 21 July 2004 are amended as follows: Article 6. - (new) Hereafter, the individual data collected by the services and bodies producing public statistics shall not be disclosed in any way unless explicit authorisation is granted by natural or legal persons Concerned. Article 7. - (new) Subject to the provisions of Article 8. -ter Below, the individual data collected may not be used for purposes other than for the dissemination or publication of statistical results. Without prejudice to the provisions of the Penal Code and Act No. 61-33 of 15 June 1963 on the general status of civil servants, the agents of the services and bodies producing the relevant public statistics are bound by the obligation of Reserve and the respect of professional secrecy for all matters relating to the individual information collected. Article 8. - (new) Article 4. - In chapter 2, section 2 of Act No. 2004-21 of 21 July 2004, the following two new articles are added: Article 8. -bis Article 8. -ter Article 5. - Article 9 of Law No. 2004-21 of 21 July 2004 is repealed. Article 6. - It is created in Chapter 2, a section 3 as follows: Section 3. -Obligation to reply Article 10. - (new) Natural and legal persons subject to the surveys and censuses organised in accordance with the provisions of Article 11. -below, are required to reply accurately and within the time limit, to the questionnaires relating to those operations. The services and agencies required to provide Article 11. - (new) In the event of an incorrect answer or no reply within the prescribed time limit, the service or body producing the relevant public statistics shall address the An extension of this letter shall be transmitted to the Minister responsible for statistics under the same conditions. The natural or legal person may, however, obtain an extension of time by explaining in writing to the Minister responsible for statistics, the objective constraints that prevent him from meeting the deadlines. Article 7. - Article 12 of Law 2004-21 of the Article 8. - It is created in chapter 2, section 3 of Act No. 2004-21 of 21 July 2004, article 11. -bis thus worded: Article 11. -bis. The arrangements for the communication of such information shall be set out in agreement. Article 9. - In Chapter 2 of Law No. 2004-21 of 21 July 2004, it is hereby established that Section 4 as follows: Section 4. -Pre-authorisation (or visa) for statistical surveys and censuses Article 11. -ter The visa may only be granted if the investigation To obtain a visa, service or organization The visa is deemed to have been granted. Discharges must be motivated. The visa shall also apply, under the conditions laid down in the first paragraph of this article to surveys (or censuses) not recorded in the national statistical programme and carried out at the request of other national public administrations; Public institutions, national corporations and corporations The services and bodies producing public statistics may entrust, under their responsibility, Article 10. - Article 13 of Law No. 2004-21 of 21 July 2004 is repealed. A new Chapter 3 is created after Chapter 2 of Law No. 2004-21 Chapter 3. -Criminal and administrative provisions Article 12. - (new) The minutes relating to these offences shall be drawn up and brought before the Minister responsible for statistics, who shall transmit them to the Public Prosecutor's Office. Article 12. -bis Irrespective of the criminal sanctions thus laid down, these officers are subject to disciplinary sanctions without the benefit of the guarantees provided for in Articles 46 and 51 of Act No. 61-33 of 15 June 1961 on the general status of civil servants. Article 13. - (new) The persons concerned must be placed in a position to acquit themselves of the complaints they are accused of. They must also have sufficient time to present their defence. These penalties consist of fines based on the seriousness of the offence, the economic level of the offender and the circumstances in which the offence was committed. They shall be fixed as follows: -between 20 000 and 250 000 CFA francs if it is a natural person; -one per cent (1 %) of the turnover of the last year if it is a legal person under private law. The fines thus set are recovered by the State Treasury. The names of the offenders are published in the Official Gazette of the Republic of Senegal. Article 14. (new) Article 15. - (new) Article 11. - Chapter 3 of Law No. 2004-21 of 21 July 2004 becomes Chapter 4 and is replaced by the following provisions: Chapter 4. -From the National Statistical System: First Section. -The mission of the National Statistical System Article 16. - The mission of the National Statistical System is to provide public administrations, regional and international institutions, non-governmental enterprises and organizations, the media, researchers and the public with information Reliable and up-to-date statistics relating to all areas of the nation's life, including economic, social, demographic, cultural and environmental issues. Section 2. -Institutional Components Article 17. - The institutional components of the National Statistical System are: -the National Statistics Council; -the Agency named " National Agency for Statistics and Demography "; -Other public structures in the national statistical system. Article 18. - (new) The National Statistical Council approves the multi-annual statistical programme. This programme takes into account the obligation to conduct a general census of population and habitat every ten years and a census of agriculture (plant and animal production, forestry and fishing activities). It should also include statistical surveys at shorter intervals. The powers, composition and operating rules of the National Statistical Council shall be fixed by decree. Article 19. - (new) It has the moral personality and autonomy of management. It is the main statistical agency of the National Statistical System. In addition The National Agency for Statistics and Demography provides technical coordination of the National Statistical System under the supervision of the National Statistical Council. The powers and rules of organisation and operation of the National Agency for Statistics and Demography shall be fixed by decree. Article 20. - (new) Except as otherwise provided, the creation, functions and rules of organisation and operation Article 12. - Chapter 4 of Law No. 2004-21 of 21 July 2004 becomes Chapter 5 and is replaced by the following provisions: Chapter 5. -Miscellaneous and final provisions Article 21. - (new) Article 22. - (new) Article 23. - (new) Done at Dakar, January 3, 2012 Abdoulaye WADE. By the President of the Republic: The Prime Minister, |