User:Shemley1823/2016 Senegalese constitutional referendum

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A constitutional referendum proposed by President Macky Sall was held in Senegal on the 20th of March, 2016 and was the fourth constitutional referendum in its history. The proposed changes to the constitution were approved by 62.7% of voters. Voter turnout was 38.26%. A majority voted in favor in thirteen of the fourteen regions, with only Diourbel Region seeing a majority against.

Summary of changes
A total of 15 changes were proposed to the constitution and are quoted as follows: "1. Modernizing the role of political parties in the democratic system

2. The participation of independent candidates in all types of elections

3. The promotion of local governance and of territorial development by creating the Haut Conseil des collectivités territoriales (High Council of Local Authorities)

4. Recognition of new rights for citizens: right to a healthy environment on their land holdings and their natural resources

5. The strengthening of citizenship by the consecration of the duty of the citizen

6. The restoration of the five year term for the presidential mandate

7. Strengthening the rights of the opposition and its leader

8. Representation of Senegalese abroad by having their own dedicated deputies

9. The extension of the powers of the National Assembly in matters of monitoring government action and evaluating policies publicly

10. The submission to the Constitutional Council of organic laws for constitutional review before their promulgation

11. Increase in the number of members of the Constitutional Council from five (5) to seven (7)

12. The designation, by the President of the National Assembly, of two (2) of the seven (7) members of the Constitutional Council

13. The extension of the powers of the Constitutional Council to give opinions and hear exceptions of unconstitutionality raised before the Court of Appeal

14. The constitutionalization of the principles of decentralization and deconcentration

15. The intangibility of the provisions relating to the republican form, to secularism, with the indivisible, democratic and decentralized character of the State, the mode of election, the duration and the number of mandates consecutive years of the President of the Republic."

Modernizing of the role of political parties
Article 4 was expanded, adding more rules and guidelines for political parties. One addition states that parties based on "one race, to one ethnicity, to one sex, to one religion, to one sect, to one language or to one part of the territory" are prohibited.

Participation of independent candidates in all types of elections
Before the referendum, independent candidates were unable to run in both legislative and local elections.

The creation of the Haut Conseil des collectivités territoriales
To some, part of the change represents a rebirth of the former Senate which was abolished in 2012. The decision to make the bicameral system unicameral came from the need to pay for the expensive damages caused by flooding in the country.

The recognition of new rights for citizens and the strengthening of the duty of the citizen
Subsections 25-1, 25-2, and 25-3 were added after article 25. The first two sentences of Article 25-1 state: "The natural resources belong to the people. They are used for the amelioration of the

conditions of life." The first sentence of Article 25-2 states, "Each has the right to a healthy environment." The first sentence of Article 25-3 states, "Every citizen is held to scrupulously protect the Constitution, the laws and regulations, notably, to accomplish their civic duties and to respect the rights of others." It also states every citizen must defend the country against aggression, corruption, and misappropriation. Some also saw this as the potential for legalizing same-sex marriage, which is currently criminalized, because of the vague wording.

Shortening of Presidential term
When elected in 2012, incumbent President Macky Sall had promised on the campaign trail to shorten the presidential term back from seven years to five years which would reverse a 2008 Constitutional Revision from the previous president, Abdoulaye Wade. Contrary to the promise Sall made to end his mandate in 2017, the shortening of the Presidential term would only apply for the next presidential election in 2019 onwards and therefore allowing him to finish his seven year term. This led decision led to some to criticize his reversed promise.

Strengthening the rights of the opposition
Article 58 states: "The law defines this status and establishes the rights and duties accruing to them as well as to the Head of the opposition."

Deputies Abroad
The following sentence was added to Article 59 of the Constitution: “The Senegalese abroad elect Deputies.” The original bill only added 10 new deputies to represent Senegalese abroad, however, 15 new deputies were added in the end. Two new constituencies in Europe, one in the Americas and Oceania, one in Asia and the Middle East, and four others across Africa were added in order to elect the new deputies, with a total of eight new constituencies globally, adding to the 45 current domestic Departments of Senegal. Citizens directly elect their one representative based on where they are living. Europe has six deputy seats, other parts of Africa have seven seats, and the Americas and Oceania have one combined seat as well as Asia and the Middle East. Some opposition in the Senegalese Democratic Party (PDS) resisted the increase of seats in the National Assembly. The deputy of the PDS called the measure “absurd.” The PDS is a part of the Manko Wattu Sénégal coalition. For some this is because Sall's political coalition of Benno Bokk Yaakaar holds a dozen out of the 15 diaspora seats. Additionally, the opposition proposed to keep 150 seats of the legislature, but simply add 10 for the diaspora rather than adding 15 seats to create a total of 165 deputies.

The extension of the powers of the National Assembly
New measures were added to increase the powers of the National Assembly, including in Article 59 which explains the role of the Parliament. The article states that the National Assembly "votes, alone, the laws, controls the action of the Government and evaluates the public policies."

The submission to the Constitutional Council
The organization has the right to review laws "relating to the organization and functioning of the public powers voted by the deputies to modify certain provisions of the Constitution."

The increase of Constitutional Council members from 5 to 7
The two increased members are added by the President of the National Assembly in contrast to the original five who are added by the President of the Republic.

The designation by the President of the National Assembly of Constitutional Council members
This is seen by some as an increase on the powers of the executive.

The extension of the powers of the Constitutional Council
This allows the Constitutional Council to have direct advisory powers and to hear matters of unconstitutionality raised by the Court of Appeal.

The constitutionalization of the principles of decentralization and deconcentration
An increase of protection on laws regarding decentralization and deconcentration which sometimes change with turnovers of power.

=== The intangibility of the provisions relating to the republican form, to secularism, with the indivisible, democratic and decentralized character of the State, the mode of election, the duration and the number of mandates consecutive years of the President of the Republic. === The use of the word "secularism" worried some as Senegal is a state where 94% of residents identify as Muslim. Some see this addition as another way to legalize same-sex marriage or as a possibility for a third presidential term.

See also:
Politics of Senegal

Right of expatriates to vote in their country of origin