African business: justice is essential in a vibrant democracy. Is this the case in Senegal?
Senegal has a proud history (in terms of our judiciary). Since independence, we have opted for an independent judiciary, a judicial authority, with the necessary infrastructure to support it – that is, courthouses, courts. Justice played a very early role in the construction of the state, democracy and the rule of law.
Senegal is lucky to have men of justice with an excellent reputation. We have many magistrates of great value. Our lawyers have proven themselves in international courts. The late Judge Keba Mbaye served on the International Court of Justice. Senegalese magistrates drafted and took part in the texts regulating the courts of the United Nations and the criminal courts of Rwanda. Not to mention our clerks and lawyers. We have one of the best counters in French speaking countries. All in all, Senegal is a country that can be proud of its judiciary and legal system.
The justice system appears to be at the mercy of the authorities and has been accused of being used as a tool to silence political opponents. How do you answer these claims?
First of all, we must avoid reducing the case law to a few cases. It is not because there have been two or three politicians who have had problems with the Senegalese legal system that we should base all our assumptions on these three cases. That is, cases involving politicians.
Justice is primarily constitutional. There is the administrative jurisdiction, which rules on all acts of the administration, the decrees of the President of the Republic, the acts of local authorities. And commercial justice for citizens doing business. And family law, that’s the case with divorces. And social justice to defend workers’ rights.
Now, to talk about these cases, a citizen who engages in politics is not above the law. When you are accused of rape or libel, the principle of equality before the law applies. Lawsuits take their course regardless of your status. There is no impunity for being a politician, whatever party you belong to.
But the justice system is singled out?
But it is normal that the justice system is singled out. I read a recent survey that took place in a European country where only 30% of the public were satisfied with the justice system! Justice is often criticized because it is not understood, because the language is technical and complicated, because it is complex and slow, because it is expensive and unpredictable. If we are happy with the decision of the judiciary, we applaud it; otherwise we criticize it. I often tell magistrates that whatever you do you will be criticized, do your job well and ignore the criticism.
But trust in the judiciary is very important. And public confidence in the judiciary must be strengthened. We must prove to citizens that they can rely on their country’s legal system.
The ministry has a limited budget. The prisons are full. The courts are overwhelmed. How do you overcome these challenges?
It must be said that very early on, Senegal benefited from the right support infrastructure, especially the courthouse and courts. But one should not forget that these infrastructures are old because most of them date back to the colonial period, just like the prisons, such as those in Saint Louis and Dakar.
Since independence, Senegal has hardly built any prisons. Previous leaders did not see this as a priority. It is only the current administration that has decided to modernize the judicial infrastructure properly. Today there is a program – the Program Modernizations des Infrastructures Judicaires (PROMIJE) – with a budget of 250 billion CFA ($420 million) over 10 years. This includes the construction of modern courthouses in all regions of the country, according to international standards.
Then there is a prison construction program; about ten prisons will be renovated. The prison in Fatick is almost 90% finished; the one in Diamniadio will be completed before the end of the year.
We are also building specific infrastructure for housing children who have problems with the law. It has now become the Directorate of Judicial Protection. The ambition of the head of state is to modernize the functioning of the justice system through digitization. He wants an e-justice system, with much less paperwork, where most procedures are digital. We have a criminal record digitization program where any Senegalese can get his or her “excerpt” without having to go anywhere.
We have introduced electronic bracelets to prevent our prisons from becoming overcrowded. The Senegalese will be able to continue working and living while remaining available to the judiciary. These are important steps forward.
Is there strong resistance to wearing the bracelet?
I am not aware of such strong opposition.
Is it a priority?
Yes, it’s a priority. I know people like it. If you tell someone they can go to jail or wear an electronic bracelet, they choose the bracelet. That means to me that there is no strong opposition. It is not imposed on anyone. You are free to choose. Choosing freedom with an electronic bracelet is better than going to jail. I think this electronic bracelet cannot be disputed.
Peace, security and the rule of law are the most important considerations for any investor. How do you reassure investors?
Senegal has a solid reputation. The wealth of Senegal is its men and women. We are, by the grace of God, a stable country where there is no civil war, no military coup, no mass political violence. We are a country known for its political stability and democracy. We’ve been holding multi-party elections for 60 years.
The judiciary is still standing. If there are troublemakers, they will be arrested and tried. In a democracy, in a state governed by the rule of law, the law remains in force. The Senegalese people are sovereign.
You guarantee liberal democracy, the pride of the Senegalese and an example for the whole of Africa. What are you doing to consolidate it?
We try to stay on track. We are not inventing anything new. Our democracy and our judiciary are a legacy we have had since independence. Our country has opted for the rule of law. We are in the process of consolidation and modernization; that’s the keyword.
The President of the Republic does not want modernization to be just a slogan. We must modernize the texts governing the organization of the law; that’s why we made a new court map.
In Senegal, there are two fundamental rules that express modernization. One of them is the criminal procedure: from now on it is forbidden to prosecute someone without the presence of his lawyer.
Secondly, citizens who come into contact with the law during the investigation will not go to prison if they choose the electronic bracelet; this helps to relieve (the pressure on) the prisons.
Read more about Senegal in our Senegal Dossier.