Senegal – annual report 2020

Details
Published: September 8, 2021
Parliamentary State Secretary at the Federal Minister of Justice and Consumer Protection, Christian Lange, Member of the Bundestag, and State Secretary at the Senegalese Ministry of Justice, Aïssé Tall, during the signing of the joint work programme at the Senegalese Ministry of Justice in February 2020 (photo: BMJV)
Parliamentary State Secretary at the Federal Minister of Justice and Consumer Protection, Christian Lange, Member of the Bundestag, and State Secretary at the Senegalese Ministry of Justice, Aïssé Tall, during the signing of the joint work programme at the Senegalese Ministry of Justice in February 2020 (photo: BMJV)

Strategic Framework 

Legal Policy Starting Point 

Senegal pursues an active foreign policy in the Economic Community of West African States (ECOWAS), the African Union and at the United Nations. It is considered a reliable democracy and an anchor of stability in the West African region. The country’s democratic tradition was again confirmed by the peaceful presidential elections in February 2019, in which President Macky Sall was confirmed in office.

Sall’s government continues to prioritise implementation of a comprehensive programme for Senegal’s economic and social development up to 2035 (“Plan Sénégal Emergent”). Besides expanding the country’s infrastructure, this programme sets out extensive reforms of the judiciary to improve the climate for investments. Senegal continues to face significant challenges, such as energy shortages, food crises, strong population growth and high unemployment, despite many positive developments. This is why the Senegalese government is working to obtain financial support from the international community for the economic development of the country. Reforms are planned in the area of commercial law to improve legal certainty and the investment climate.

Senegal was less affected by the COVID-19 pandemic than other regions of the world. However, it still imposed far-reaching restrictions on public life and border closures. Overall, the country earned international praise for its handling of the pandemic, especially with regard to its education and information policy.

Overall Concept 

Coordinating closely with the Federal Ministry of Justice and Consumer Protection, IRZ initiated cooperation with the Senegalese judiciary in 2019 as the first partner state in sub-Saharan Africa. So far, the cooperation has mainly prioritised the areas of criminal law and the penitentiary system. The Memorandum of Understanding signed by the Federal Ministry of Justice and Consumer Protection and the Senegalese Ministry of Justice in February 2020 continued to expand on this legal cooperation. In this regard, both parties agree that their work should initially extend to the following areas:

  • continued development and improvement of laws and regulations in the area of criminal law
  • reforms in the penitentiary system
  • basic and further training for judges, public prosecutors and other actors within the judiciary

This is to be achieved through a mutual exchange of experience and the implementation of expert talks, seminars and internships, through training courses and further training for those working in the judiciary – including prison staff – as well as through the exchange of laws and case-law.

IRZ was forced to postpone a large number of its scheduled events due to the COVID-19 pandemic and the associated restrictions. In addition, events surrounding the pandemic presented significant challenges for the judiciary: issues of e-justice and electronic legal transactions suddenly came to the fore. For this reason, the agreed catalogue of topics was expanded to include digitisation of the judiciary and related issues of access to the judiciary, and an online event was held on this topic.

Focus of Activity in 2020

Criminal and Penitentiary Law 

  • Seminar “Supporting reforms in Senegalese criminal law and combating organised crime” with the Senegalese Ministry of Justice in Dakar

Administration of Justice

  • Online seminar on “Digitisation of the judiciary” in cooperation with the Senegalese Ministry of Justice
  • Support for the technical library at the Senegalese Ministry of Justice

Outlook

Over the coming years, IRZ will continue to expand its cooperation with the Senegalese judiciary based on the Memorandum of Understanding signed by the Federal Ministry of Justice and Consumer Protection and the Senegalese Ministry of Justice. The measures that were cancelled this year will be rescheduled for 2021 if possible. Criminal law and the penitentiary system will continue to play a key role in this regard, especially the operationalisation of Senegalese criminal law. In addition, advice will be provided on prison furloughs and the suspension of sentences in order to ease the strain on the overburdened penitentiary system. Cooperation with the Senegalese Judicial Academy will also aim to support the judiciary and thereby strengthen case-law. Furthermore, IRZ will endeavour to support the envisaged and necessary reforms of commercial law in Senegal.

IRZ also plans to expand its work to include other countries in the West African region in 2021. It will engage in a variety of activities to acquire a comparative perspective of the region and, where possible, create synergy effects between the countries.