Déclaration de patrimoine : Ce qui pousse l’État à modifier la loi
The law on asset declarations is to be amended. Following the adoption of the bill by the Council of Ministers, a vote by the deputies is expected in an extraordinary session.
But what prompted the State to want to change this text aimed, on the one hand, at preventing any risk of illicit enrichment of holders of high office and, on the other hand, at satisfying the legitimate demand of citizens for information on the situation and behavior of public leaders in a context of transparency?
According to the statement of reasons included in the file submitted to the National Assembly, two reasons are given.
"Firstly, the implementation of the Senegal 2050 National Agenda brings about a change in the framework for development policies. This new framework advocates transparency in the implementation of public policies.
Indeed, in the fight against corruption, the obligation of transparency underlies the desire of the President of the Republic to authorize the publication of reports from all control bodies. The status and obligations of certain subject persons have been modified in order to broaden the scope of application of the law, in particular for personnel in charge of the execution of budgets whose financial criterion of subjection increases from one billion to five hundred million CFA francs,” we read.
Heads of courts, tribunals, heads of public prosecutors, senior investigating judges, members of the civil, military and paramilitary control bodies and bodies concerned
According to the government, this amendment is intended to better protect public funds. In addition, individuals holding certain positions that expose them to the risk of corruption must also comply with the obligation to declare their assets and interests, in accordance with the law.
These include, in particular, heads of courts, tribunals, heads of public prosecutors as well as the senior investigating judge and the presidents of chambers, members of civil, military and paramilitary bodies and bodies for control, inspection, verification, audit, investigation and inquiry, all directors and heads of departments involved in the mining, quarrying and hydrocarbons sector.
"Secondly, the declaration of assets was designed, in 2014, as an instrument to combat illicit enrichment. The intended aim was to verify whether taxable persons had enriched themselves illegally while working as public officials; which could be presumed in the event of significant changes in their assets at the time of ceasing their activities.
The new approach to governance is to consider that the declaration of assets must necessarily constitute an instrument in the fight against corruption, beyond illicit enrichment,” it adds.
It is thus emphasized that this draft law contains the terms of the declaration of assets, the persons subject to it, the filing of the declaration of assets, the control of the verification, the issuance of discharges and the conservation of the declaration of assets, the sanctions and the transitional and final provisions.
"The provisions of this present law apply, except in cases where a special law provides for the declaration of assets for authorities under certain institutions or administrations," the authority reports.
Here is the full composition of the file.
Commentaires (2)
il faut assujettir tous les chefs de services régionaux et departementaux quel que soit le montant de leur budget. Tout le monde sait qu'ils detournent systématiquement les credits des services
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