2024-09-03 02:02:18
The Law, Devolution, Labor and Human Rights Committee has just broken Parliament’s habit of systematically banning bills. Yes, our National Assembly continues the Senegalese tradition of stubborn parliamentary opposition. The current situation is therefore very consistent with the logic that the functioning of republican institutions depends on the taste of party issues.
It is therefore our duty to follow the political impasse and legal consequences of the constitutional amendment bill in order to better understand the scope of the committee’s rejection of the bill. In other words, the alternatives are negotiation or withdrawal.
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I/Political Deadlock
The above-mentioned impasse reflects the political reality in Senegal. That is why our Government has decided to continue the legislative process in question, thereby retaliating against Parliament without any reason. This is certainly an opportunity for the representatives of the Benno Bock Yakkar Parliamentary Group to bring to light disturbing topics to the ministers who are asked to represent the government (the Minister of Justice, the Lord of the Privy Seal and the Minister for Labour, Employment and Institutional Relations). )
On the menu for general discussion, questions will inevitably involve issues that have nothing to do with the bills on the agenda.
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Furthermore, this is a central focus of the plenary session scheduled for Monday, September 2, 2024, where the government will have to solve the equation for adopting the draft text. The commission’s rejection is already a warning that needs to be taken seriously, especially since both camps advocate maintaining the status quo in political positions. If there is a lack of political intelligence between the two politicians, the passage of the bill may be compromised.
In Senegal, the management of political institutions often encounters certain paradoxes. We often seek to find formal legal solutions to real political problems. Sometimes we have difficulty negotiating legal solutions that favor our political choices. In our opinion, these circumstances are inappropriate in this case.
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Therefore, it is necessary to go beyond the paradox and find a legal solution to the constitutional amendment bill to abolish the High Council of Territorial Communities (HCCT) and the Economic, Social and Environmental Council (CESE).
Furthermore, it is necessary to take into account the right of every parliamentarian to attend committee meetings and participate in their debates. However, only members of the Committee or their substitutes are entitled to vote. That’s why 16 voices ” be opposed to” and 14 voices “fall” Those gathered accurately reflected the composition of the committee, which was 30 members.
It is therefore noteworthy that the rejection of the draft constitutional amendment by the Law, Devolution, Labor and Human Rights Committee has only a Platonic value (pure form, no practical effect).
The Commission is merely the technical arm of the National Assembly. Its report is intended only for the edification of the plenary meeting, which retains its deliberative sovereignty. Judging from the provisions of Article 74 of the internal regulations, “Business, proposals and bills shall be considered in plenary session at one time, subject to the provisions of Article 81 [relatives à la seconde délibération] ».
2/Legal Issues
In the absence of a political solution, the government has the right to seek a legal solution to the draft constitutional amendment.
On the one hand, the government can provide the parliamentary majority with the prerogative to impose its laws on the government during debates and votes. On this basis, given the mentality of Senegalese eager to obtain the results of the epic political struggle (the alternation of 2000, the alternation of 2012, and the rupture of 2024), the political gains for both sides are almost zero.
On the other hand, the government can voluntarily withdraw the draft text. After reading out the report of the Law, Devolution, Labor and Human Rights Committee, the Minister of Justice and the Lord Privy Seal were justified in requesting that the bill to amend the Constitution be withdrawn; this was the extreme situation that occurred on 23 June 2011). Meanwhile, the Speaker of the National Assembly
Members of Congress will be kept informed of the situation. Therefore, the special session will be concluded.
The committee’s rejection of the draft constitutional amendment was an exception. Often such conflicts can be avoided by collusion between the executive and legislative branches. We were present when the same Committee asked the Executive to withdraw the draft Uniform Law n° 2004-09 of February 6, 2004 on the fight against money-laundering, pending review. In fact, when an operation highlights facts that may amount to money laundering offences, the National Unit for Processing Financial Information (CENTIF) sends a report on these facts to the Public Prosecutor (PR), “Who immediately referred the matter to the investigating judge”. According to the government of the day, this obligation imposed on permanent residents undermined the prosecution opportunities provided for in the Criminal Code. Members of the Law, Devolution, Labor and Human Rights Committee forced the executive to abandon a bill sponsored to that end after a hearing by CENTIF chairperson Ngouda Fall Kane.
Most recently, in July 2023, the Minister of Justice sent a letter to the President of the National Assembly: “My purpose in sending you this letter is to revoke the amendments provided for in Article 87 of the Constitution”. Changes to this article will give the President of the Republic the power to dissolve the National Assembly immediately after obtaining the opinion of the President and the Prime Minister.
We would also like to recall the law on the flag proposed by the Honorable Deputy Tafsir Tioye. In an explanatory memorandum, he recommended that the flag and its symbols, mastering their meaning and using them were the duties of every good citizen. In this device it is recommended
The law also officially prohibits the burning or tearing of the flag, which is punishable by sanctions. Despite being drafted, the text was suddenly placed in a cabinet in Parliament.
Likewise, the President of the Republic may send a letter to the Speaker of the National Assembly informing him of the mere withdrawal of the bill to amend the Constitution. This assumption would pave the way for the peaceful dissolution of the National Assembly in mid-September.
How does this impact the review of the Finance Bill 2025 and the agenda for early legislative elections? Our laws have solutions to their credit (to be continued).
Mayisha Diakate
university professor
1725346439
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