ASSISES NATIONALES OF SENEGAL, CHARTER ON DEMOCRATIC GOVERNANCE

Subject : CHARTER ON DEMOCRATIC GOVERNANCE adopted by the Assises Nationales of Senegal

On 24 May 2009, at the Hotel Meridien in Dakar, Senegal’s Assises Nationales reported its findings from the consultations launched on 1 June 2008 after months of careful planning. The event was chaired by Mr. Amadou Mahtar Mbow, Chairman of the National Steering Committee and former Director-General of UNESCO.  In attendance were many dignitaries including politicians, religious, persons involved in the country’s economic, social and cultural development as well as members of the diplomatic corps and representatives of international organizations.

The Assises Nationales were launched on the initiative of about one hundred different organizations including civil society, unions, political parties, non-governmental organizations, religious, professionals, women, employers, retirees, senior citizens and youths, intellectuals, people from the cultural, educational and scientific world and personalities from all social backgrounds.  They were open to all Senegalese from all walks of life regardless of age or social status.

All the constituents of the Senegalese Nation were invited to this Assises Nationales. The invitation repeated on several occasions to the President of the Republic and to the government always stayed without answer.

Because of the crisis Senegal is facing on so many fronts, the aim was to conduct a broad analysis under the guidance of a National Steering Committee composed of representatives of all the stakeholders and a National Bureau set up by the Committee. To this end, all sections of the population were to be consulted on how the country has evolved since independence, and also invited to propose solutions that had a consensus and around which the citizens of Senegal who yearn for a peaceful and harmonious change in their lives, could rally around.

To achieve these objectives, three transverse committees were set up:  Organizing and Finance Committee, Scientific Committee and Communications Committee.  Eight thematic working groups were added to conduct in-depth studies and propose solutions for the following:

1. Institutions, Freedom and Citizenship
2. Budget orientations, Economic Policy and Business Environment
3. Rural Areas and Primary Sector
4. Economic and Social rights and Human Resources Development
5. Societal Issues: Values, Ethics and Solidarity
6. Town and Country Planning, Environment and Sustainable Development
7. Foreign Policy, African Integration and Migration
8. Scientific Research and new Information and Communication Technologies

The thematic committees were headed by experts and open to all citizens. In addition, under the supervision of the Region Steering Committees (RSC) and Diaspora Steering Committees (DSC), citizen consultations were organized in every county in Senegal and in countries with significant communities of Senegalese immigrants (Europe and North America).

The citizen consultations gave concrete expression to the innovative and inclusive approach of the Assises Nationales. They enabled citizens and villagers to speak out without dissimulation about their living conditions, activities, on the state of the nation and the country’s achievements since independence. They were also able to diagnose Senegalese issues and to propose solutions for the various political, economic, social and cultural issues with which Senegal is confronted.

The Assises Nationales also demonstrated that, despite the proliferation of political parties in Senegal (over 150) and the large number of unions,-- true indicators of the division of the Senegalese society,-- the men and women who really want democracy to prevail and have the interest of the general public at heart, can still put together their ideas and pool their efforts to find consensual solutions to the serious problems facing Senegal and the Senegalese, and can still work together for national recovery in the interest of all.

Thirty five reports produced from the citizen consultations in the regions; three reports from those in the Diaspora (Europe and North America) to which are added eight reports from thematic working groups of the experts.  A five-day workshop was organised in January 2009 to prepare a summary of all the reports.

One hundred and twenty delegates attended the workshop; among them, chairmen and rapporteurs of the thirty-five region committees, representatives of the Diaspora, chairmen and rapporteurs of the eight thematic working groups and members of the three transverse committees and National Bureau.

The workshop enabled participants to review forty six reports during five days, and according to procedures put forth by the scientific committee.  One week later a synoptic report was submitted to all the stakeholders at a two -day seminar which resulted in the drafting of:

• A General report of the Assises Nationales (approximately 250 pages),
• An Executive summary of the General report (approximately 50 pages) and,
• A Charter on Democratic Governance endorsed by all the stakeholders and submitted for approval to the Senegalese citizens through a campaign soliciting their signatures.          

We have enclosed the Charter on Democratic Governance in this letter in both French and English. This Charter indicates the vision which the signatories have of Senegal, values in which they recognize, of the model of governance, institutions, the citizenship, liberties, the economic and environmental governance, the social governance, etc.

All the reports and documentation are available at the headquarters of the Assises Nationales in Dakar and will soon be available on the internet.

Thank you for your attention.

 

Charter on Democratic Governance, May 2009

To establish a new Senegal,

We, stakeholders, citizens of Senegal,

Acknowledging the non-partisan and constructive process that underlined and enriched the Assises Nationales,

Encouraged by the results of the “citizen consultations” and the proceedings of the thematic working groups,

Considering the report of the Assises Nationales which spells out a vision for Senegal and defines the values and principles that should guide national reconstruction- and the strengthening of the Republic,

Undertake freely and solemnly to uphold and respect, in word and in deed, the tenets of this Charter in the exercise of any duty and responsibility incumbent upon us

1. VISION FOR SENEGAL

Senegal is a secular Republic.

Senegal is a sovereign state, united in its diversity in a continent that stands together and is open to the world.

Senegal is a state under the rule of law and governance is based on ethics, democratic participation, dialogue, respect for institutions, individual and collective freedoms and the protection of national interests.

Senegal is a country of social justice and equity, where all citizens are equal in the eyes of the law, where citizens possess a high sense of duty, and are committed to sustainable development based on a harmonious and well-balanced arrangement of the territory and a credible national security.

II. VALUES

We endorse the following values and principles:

- Senegal is a secular and democratic state;

- Sovereignty lies with the people;

- Senegal is a unitary and decentralized state;

- Senegal is characterized by ethnic, religious and cultural diversity but also by a unification process which symbolizes its identity;

- The recognition and promotion of plurality constitute the foundation of its national unity and should, therefore, guide decision-making at the political, economic and social levels;

- The status and office of the individual should be based on merit and not on any other criteria associated with birth or other factors.

- Public property and public funds are sacrosanct and any embezzlement and wrongful use of public funds will be severely punished by law irrespective of the individual.

In an effort to reconcile the society with itself and its values, we undertake to:

- restore to the family, stability, authority and power in matters of basic education, promote the social integration of the individual and, in this context, encourage responsible parenting in education and the personal development of all members of the family;

- fashion a code of ethics for the common good, civic culture, and a new citizenry that will build sound values and attitudes among all members of society beginning with leaders; 

- promote harmonious coexistence among all religions and beliefs;

- clean up and reshape the political landscape by fighting indiscipline, mismanagement and the habit of circumventing rules and regulations;

- promote mutual respect, friendliness, good neighbourliness, and use diversity as an instrument for mutual enrichment and integration;

- strengthen solidarity as a civil, civic, social, religious duty especially towards the most vulnerable groups;

III. GOVERNANCE MODEL

Considering that the capacity of our fellow citizens to understand and address all the domestic and global issues confronting us was amply demonstrated particularly during the Assises Nationales, We commit ourselves to work towards the consolidation and institutionalization of participatory democracy,

- in particular, for the development of the allinclusive approach endorsed by the Assises Nationales as a prerequisite for any significant change in the fundamental principles of the Nation and formulation of any new policies, and

- by creating a platform that brings together the state, political, social and economic stakeholders to regularly define and assess major economic, social and cultural policies.

IV. INSTITUTIONS, FREEDOM AND GOOD CITIZENSHIP

We affirm our will to protect the achievements of Senegalese democracy which can be further strengthened through greater ownership of the fundamentals by the population.

To achieve this goal, the Constitution shall be known by all. Therefore, it shall be translated into the national languages to ensure accessibility to all citizens who are the custodians. In order to maintain national stability, the Constitution should:

- indicate clearly the sections that cannot be revised;

- identify the sections that can be revised subject to a mandatory referendum;

- define institutional boundaries that clearly separate the powers of the Executive, the Legislative and Judicial branches of Government so as to ensure independence and balance.

- there shall be proper balance among the various branches and each branch shall have the requisite autonomy to allow them to fully exercise their duties.

Consequently, our joint action will aim to promote institutional reforms in accordance with the principles indicated hereunder:

-  Ending to the tendency to concentrate excessive powers in the office of the President as witnessed during the 1962 and that has worsened since the Alternance in 2000; additionally, neutralizing any attempts on the part of the President of the Republic to interfere with the smooth running of the legislative and judicial branches. The Executive branch, as a whole, must refrain from any interference in the normal course of justice.

- The President of the Republic may henceforth be prosecuted for crimes and offences committed while in office.

- The President of the Republic may neither be the head of a political party nor a member of any association during his tenure;

- At the end of his term, no member of the family of the President of the Republic (forebears, descendants, collateral relatives, spouse) may succeed him;

- The government shall be accountable to the National Assembly regarding the formulation and implementation of national policies;

- The National Assembly shall be the nerve center of political life, and its members shall uphold a code of ethics consistent with the high standards of democracy and of their office;

- The National Assembly shall possess the resources to check and monitor government actions.  The holding of several posts concurrently and the number of successive terms of office should be strictly limited for all elective offices;

- With regard to the judicial branch, a constitutional court shall be established to safeguard democracy and determine compliance of the laws. One of its tasks shall be to settle   disputes arising from elections. Its President shall head the Magistrates’ Supreme Council responsible for managing the career of judges and public prosecutors.

Citizens may refer cases to the constitutional court in accordance with procedures established by Law;

- The fight against corruption shall be the pillar of all public policies;

- The President of the Republic, the Prime Minister, members of government, national directors, directors of public corporations as well as any manager of public assets must declare their private assets at the beginning and at the end of their appointments;

- The size of Government shall be determined on the basis of efficiency. It shall be limited to a strict minimum in conformity with the nation’s resources.

Having determined the importance of a republican model of public administration particularly in the establishment an environment conducive to development, investment and so on,

We undertake to promote the following measures aimed at reshaping and revitalizing our public administration:

- Make procedures more reader-friendly for citizens at grassroots level by using national languages;

- Establish guidelines to prevent senior government officials from engaging in activities for partisan purposes;

- Establish a system of open competition certain senior civil service positions in the public sector and in parastatals;

- Set up a legal and equitable system so that the administration may guarantee access to information for all citizens including the political, economic, social and cultural stakeholders;

- Establish an independent body with the power to fight corruption, take cases directly to the courts, and set up a system to stamp out corruption efficiently;

- Ensure that public contracts are awarded under equitable and fully transparent conditions.

 Stringent measures shall be taken to build up analytical capability within the central government.

Additional measures shall be taken to ensure adequate stability within the units and departments of the ministries and promote consistent and coordinated government actions.

Furthermore, higher auditing bodies shall be independent of the Executive and Legislative branches. They shall monitor public activity including departments under the Office of the President of the Republic. They shall perform in a transparent manner. The first priorities of the central government shall be to increase their efficiency.

Local governance 

- a framework for a sustainable development policy for community governance shall be defined in order to better meet the needs of the population and development demands;

- the self-governing capacities of the local communities shall be strengthened to enable them efficiently work towards local development and grassroots democracy.

Secular State

- We affirm that the state shall remain neutral and shall maintain parity and transparency in its relations with the various religious groups;

- We acknowledge that spiritual powers should not have a stranglehold over the political, civil and administrative authorities and conversely secular powers shall refrain from interfering in the affairs of the spiritual powers.  We recall the duty to guarantee freedom of conscience and expression; there shall be no privileges for or discrimination against any group based on religious beliefs.

Safeguard of individual and collective freedoms

We commit ourselves to:

-  Appoint a judge responsible for monitoring the exercise of recognized freedoms, and combat abuses, especially in cases of arrests and protective custody.

 - recognize citizens’ right to bring a matter before the Constitutional Court;

- promote, guarantee and regulate freedom of the press within the framework of media plurality aimed at strengthening democracy and preserving national unity. This commitment demands respect for an ethical code of conduct governing media and communications professionals.

- Guarantee equal access to all public media

We are determined to ensure that human rights (economic, social and political) are upheld for all members of society, in particular, for the most vulnerable groups i.e. senior citizens, women, handicapped and street children.

V. POLITICAL GOVERNANCE

Electoral system

We acknowledge the right of citizens to petition for a referendum on issues of national interest.

We acknowledge as crucial the holding of free and fair elections as well as the need to establish an independent electoral body with the authority and resources to successfully manage the electoral process.  Hence, the need to redefine the role of the Ministry of Interior in the electoral system and in the day-to- day management of political parties.

Emphasis shall be placed on:

- the reliability of the registry office (particularly its digitalization);

- the reliability and transparency of the digital voter registration;

- allowing independent candidacies for all types of elections;

- an equitable voting system.

Political parties,

We recognize the need to rationalize criteria for the establishment of political parties based on the viability and the size of their constituency.

We consider it of paramount importance to adopt legislation on the financing of political parties and election campaigns. The legislation should define rules guaranteeing the equitable and transparent financing of political parties and campaigns.

We urge political organizations to ensure that democratic standards are strictly adhered to and that their members are provided civic education.

We subscribe to a code of ethics that is generally accepted and that will serve as reference for all persons aspiring to hold political office.

VI. ECONOMIC AND ENVIRONMENTAL GOVERNANCE

The design of public policies will be based on general principles as well as the proposed reforms identified in the report of the Assises Nationales.

On this basis, the State shall define and implement an ambitious economic, environmental and social program. As the republican approach is based on the mass mobilization of human, intellectual, cultural and social capital, it is important to promote a sense of responsibility, thoroughness, transparency and involvement. To this end, a code of conduct shall be established for consultations between economic and social stakeholders, users and the state in the design, implementation and appraisal of public policies.

The action of the State shall be sustained by a strategic vision not limited to “poverty reduction”.

The state should be the driving force in economic and social development. Wealth creation and the fight against social inequalities will constitute the major focus of its actions.

Short and long-term planning as endogenous development tools will be further developed.

With respect to economic policies that contribute to the development of national stakeholders, promote sustained generation of wealth, and better distribution of economic growth as well as a more equitable sharing of its fruits,

- we undertake to carry out the necessary radical reforms of economic policies in order to move away from the present economic model-- whereby Senegal serves as an outlet for surplus agricultural  and manufactured goods from foreign countries-- towards modernized agriculture and industries geared towards improving the living standards of the people and preserving the environment;

- we support the strengthening of partnerships between the public and the private sectors by giving the private sector, farmers associations, trade unions and other organizations a sense of responsibility;

- we undertake to carry out all the reforms required to attain the development objectives and promote access to goods and services for the people;

-  we shall make improvement of the business environment  a first priority and at the same time, we shall promote the strengthening and development of SME-SMI;

It is important to diversify energy sources and production to ensure rational use based on the cost of energy supply, prices and energy requirements.

The public shall be notified of any contracts for mining and prospecting and of any concessions for surface or underground explorations. The terms of the contracts or concessions should meet the transparency criteria, respect the environment and protect the interests of the local populations as well as those of future generations.
 

The reforms shall also focus on other cross-cutting factors:

- The fiscal system, to promote production and employment;

- The land tenure system, particularly the need to harmonize land legislation --- so that land can be utilized for development—and, to ensure equity of ownership;

- Employment, especially youth employment.

We further undertake to:

• - Promote measures for a substantial increase in the level of financing of the national economy by the banks particularly in  such sectors as agriculture, industry, handicrafts and services;
• - Support change in the banking system in line with  the proposed reforms particularly through a policy of dynamic management of real interest rates and by ensuring effective access to credit particularly through the medium and long-term financing of national production;
• - Promote the development of alternative system of financing such as the Islamic Finance and solidarity financing;
• - Fight vigorously against drug trafficking and money laundering.

With respect to economic models and options designed to meet the needs of the population and promote economic patriotism, we undertake to:

- redefine priorities regarding public expenditures by establishing maximum shares of the operating budget for the expenditures of higher state authorities and institutions and minimum shares of the overall budget for research/scientific development and technology, agriculture, education and health;

- involve the National Assembly, the private sector, and workers in the design of sectoral programs and the utilization of resources including resources for debt reduction;

- Make the award of government contracts one of the principal levers in the development of the private sector( SME, SMI, handicrafts);

-  include the Diaspora in the economic and social development strategies.

Regarding sustainable development, we strongly support policies that effectively:

- Reverse the tendency that reduces natural resources and affects bio-diversity, the environment and living conditions, in order to ensure a healthy and productive environment as well as better living and working conditions for the population;

- urge the private sector to be more respectful of and show concern for sustainable development and help to maintain ethical standards in business management as well as in the enforcement of the labor laws.

Moreover, the private sector is invited to invest in the environment and sustainable development.

Regarding land development relevant to economic and social plans, well-balanced and focused on improving neighborhood environment, it is important to:

- Enter into an objective and informative dialogue aimed at maintaining balance and equity at the national level to ensure, in particular, that all cities, rural areas and regions of Senegal receive equal treatment;

- Build a strong consensus for the redefinition of regions, organize synergies in line with development potential and seek complementarities with immediate neighbors and the sub-region;

- ensure the rational installation of basic social amenities (administration, health, education, water systems, etc) for the benefit of the entire population.

VII. SOCIAL GOVERNANCE

On education, our focus will be to:

- redesign the education system at all levels following major nationwide consultations to ensure that education meets the quality criteria, our human, social and spiritual values, our economic and social development needs and the need to train citizens  who have  a high sense of moral responsibility and honesty as well as a scientific mind and extensive technological skills;

-  reorganize the structures responsible for implementation of government policies under a single ministry in charge of education;

- reduce the major disparities between the urban and rural areas and within the urban areas; and take decisive actions to reduce repetition rates and unemployment among graduates which has reached alarming proportions;

- Reduce considerably the inequality in educational opportunities which occurs at two levels: exclusion of children who cannot go to school and the development of double-shift schools.

With respect to health, remedial actions consist in:

- undertaking a thorough review of the health system for the effective control of endemic diseases and epidemics and provide access to health care especially for the most disadvantaged sections of the population;

- promoting equitable allocation of public funds among the various regions;

-  reorganizing the health pyramid at the national level to bring about a balanced distribution of staff and infrastructure among the various regions;

-  rethinking the scale of priorities in the allocation of public funds by putting emphasis on primary care;

- considerably reducing the impact of all unfair health mechanisms.

On social welfare, our focus will be to 

- ensure that the public and private institutions concerned make their services available to the largest number of people;

- organize, as a matter of urgency, social protection for categories of workers excluded from the system (craftsmen, farmers, shepherds, fishermen, artists, street vendors, among others).

We undertake to develop consultations and dialogue that are indispensable to ensure that the reforms are based on a strong consensus.

Moreover, in order to promote the emergence of a new type of citizens, schools and parents must join forces to train citizens who are well prepared for life in society.

To this end, all national stakeholders shall help to consolidate national unity and development by turning the school (in the widest sense of the word) into a place for learning and instilling a sense of civic responsibility, commitment and solidarity.

With respect to culture, we shall strive to ensure that:

- The social and civic values permeate the social fibers;

- The imbalances between the various geo-cultural areas in matters of infrastructure and the development of cultural activities are removed;

- The establishment of cultural industries is intensified;

- Intellectual and artistic property rights are guaranteed.

On social dialogue and the culture of consensus, we shall endeavor:

- To promote social dialogue and consensus between social stakeholders as a way of preventing and resolving conflicts and formulating development policies;

- To strive for peace and understanding in Casamance.

In order to achieve this goal, we shall mobilize all the regions for the issue to be a national priority and promote broad-based consultations to define an all-inclusive cultural, political and socio-economic approach.

On sports, we shall endeavor to:

- Promote sports for health;

- Strengthen sports development in schools as a basic sports policy;

- Promote the development of infrastructures in all the regions;

- Redefine the rules governing the relationship between the state and the federations of the various sports and ensure a transparent and equitable regulation.

Good governance requires men and women of quality with moral values and a sense of patriotism, justice and equity.  It requires citizens to be aware of their rights but also of their duty to their country and calls on the civil society’s sense of civic duty.

We shall mobilize to sustain and support good governance in order for it to:

- Further assume its role through quality contribution in the design, monitoring and evaluation of public policies;

- Monitor democratic achievements and constitute a shield against any arbitrary modification of the rules and the introduction of any form of instrument from the Executive, the Legislature or the Judiciary.

We call on member organizations to strictly adhere to good governance, especially through the enforcement of their internal rules and regulations and the civic education of their members.
We further undertake to promote the establishment of a citizens’ watch and early warning system for ethics and values.

We invite religious institutions and their leaders to play a more positive role in development, solidarity and social cohesion, and to work for harmonious co-existence of all religions and faiths.

VIII. DIASPORA

For a Diaspora that is organized and an integral part of the Nation

We shall endeavor to bring the following innovations to a successful conclusion:

- Reorganization and strengthening of representation of Senegalese residing abroad, in the national assembly:

- Establishment of a consultative assembly for Senegalese residing abroad to protect the interests of migrants and participate in the renegotiation of agreements on the social protection of beneficiaries and conditions of payment of pension benefits;

-  Construction of centers for Senegalese living abroad as a meeting place for the Senegalese community;

- Facilitation of the resettlement of emigrants wishing to return home and their active participation in development;

- Constant use of their skills and experience to enable them to participate actively in development efforts, and in the implementation of public policies as well as economic development strategies and actions (expertise, transfer of funds….).

IX. FOREIGN POLICY AND AFRICAN INTEGRATION

For a sovereign foreign policy according priority to harmonization of our relations with neighboring countries; for sub-regional and continental integration with emphasis on peace, cooperation and friendship with all countries and peoples of the world; and for African integration built on strong ties and exchanges among the peoples and countries in Africa.

Conscious of the need to strengthen regional and international stability which should guide our foreign policy, with our immediate neighbors in particular, we undertake to:

- promote strong alliances with countries with whom we share a common border based on the interest of the peoples and the need for peace in order to attain sustainable development;

- contribute to the search for permanent consultations with African countries to strengthen solidarity, complementarity and unity in the face of other constituted or emerging blocs; and

- strive for the democratization of international organizations so that they may play their role in the promotion of justice, peace and security at the international level.

Regional currency:

We undertake to strive for the development of monetary policies that are in conformity with our economic and social development needs.

We further undertake, through the promotion and development of convergent national monetary and budgetary policies, to push for acceleration of the process to establish a single, stable and reliable sub-regional currency within the ECOWAS framework.

Infrastructure:

We undertake to promote the accelerated development of networks and communications between the various countries (transport, energy and telecommunications etc…) and to ensure regular maintenance of the existing infrastructure.

X. MONITORING COMMITMENTS

The initiative, process and conclusions of the Assises Nationales are now part of the heritage of the Senegalese people.

A monitoring committee will be set up so that each stakeholder and citizen may monitor and assess how the charter is being adhered to by the persons, organizations or institutions that have subscribed to its tenets.

Each stakeholder, irrespective of his/her rank shall behave in a manner compatible with the principles, values, rules and measures contained in this Charter.

The Monitoring Committee shall ensure strict adherence to the principles and rules set forth in the charter and carry out an evaluation from time to time.

Adopted by the General Meeting of Stakeholders in Dakar on 16 May 2009

Presented at the plenary of the resumed session of the Assises Nationales, Dakar, 24 May 2009

Published by the President of the Assises Nationales in Senegal

Amadou Mahtar Mbow

ASSISES NATIONALES, LA CHARTE DE GOUVERNANCE DÉMOCRATIQUE

www.assisesnationales.org