We the people of Senegal,
- Rooted in our national as well as moral and spiritual values of the common cultural heritage values;
- Mindful of strengthening national unity and respect the diversity of cultures that make up the Nation;
- Committed to the safeguarding of security for all, territorial integrity and national independence;
- Committed to building a state based on the rule of law and the separation and balance of powers, they are designed and held in accordance with democratic procedures emphasizing the participatory approach;
Proclaim:
- Our commitment to the Universal Declaration of Human Rights of the United Nations on 10 December 1948, the African Charter on Human and Peoples' Rights of 27 June 1981, the Convention on the Elimination of All Forms of Discrimination against Women of 18 décembre1979, the Convention on the Rights of the Child of 20 November 1989 and other instruments for the promotion and protection of the human rights adopted by the UN and the AU ;
- Our commitment to the principle of secularism understood as the state neutrality in religious affairs and its equidistance from religious communities;
- Our commitment to the principles of a democratic and decentralized governance based on the rule of law, ethics as well as responsibility, cooperation, transparency and accountability;
- Our commitment to work to build a prosperous and cohesive society, just who has the desire to ensure a transparent operation and management of land assets and other natural resources in the interest of the people and for future generations;
- Our unwavering commitment to achieving African unity and, to that end, to consent, if necessary, to limitations of sovereignty necessary for the organization and defense of African integration;
Approve and adopt this Constitution, the Preamble is an integral part
TITLE I: GENERAL PRINCIPLES
Section 1: Attributes and state symbols
Article first
The Government of Senegal is a secular republic, democratic and social.
The exercise of power, and the rights and duties of citizens have their source in the Constitution and laws.
The political system established by this Constitution guarantees the democratic exercise of power and the inviolability of human dignity. It promotes well-being for all, social justice and solidarity.
Article 2
The currency of the Republic of Senegal is: "A people-an object-a faith."
The principle of the Republic: "Government of the people by the people and for the people."
The flag of the Republic of Senegal is composed of three vertical stripes and equal in length and width of green, gold and red. He wears the center of the band or a green five-pointed star.
The law determines the seal and the national anthem.
The official language of the Republic of Senegal is French.
Codified national languages can be erected in teaching languages and working under conditions determined by law.
Senegalese nationality is defined by the law that determines the conditions for acquiring, preserving, his loss and his downfall.
Article 3
The capital of the Republic of Senegal is Dakar. It can be transferred to any other place of the country in a referendum.
Section 2: Principles of organization and functioning of the state
Article 4
The Republic of Senegal is a decentralized unitary state. Organization based on the existence of decentralized territorial communities.
Article 5
The organization and functioning of the state based on the separation and balance of powers executive, legislative and judicial.
Institutions of the Republic shall be the President of the Republic, the National Assembly, the Government, the Constitutional Court, the State Council, the Supreme Court, the Court of Auditors and the Courts.
Article 6
Clarity, transparency and accountability accountability are the foundations of governance.
Prime Minister, other members of the Government, members of the Office of the National Assembly, the Presidents and Heads of parquet high courts, Mayors and Presidents of other Council of Local Government and the officers, directors general and directors of national services, directors of BPS organizations, independent administrative authorities, the Presidents of each of the advisory bodies under this Constitution, senior officials, managers of public property named by law, are required make a written declaration of assets and a statement of interest under conditions determined by law.
The State guarantees citizens a right to equal access to information on the operation and activities of the administration and management of public affairs.
Article 7
The State guarantees the protection of public property against any form of embezzlement or misappropriation, illegitimate monopolizing or confiscation.
Mechanisms are established to prevent and punish any illicit enrichment.
These mechanisms are determined by law.
Article 8
The State guarantees all citizens the same conditions of participation in the life of the nation.
Consultation with the directly affected sectors of the Nation is an obligation for every draft legal act or decision or direction fundamental reorientation of policy options.
Public Administration
Article 9
Public Administration is apolitical, neutral and impartial. She is dedicated to serving the public interest. It is placed under the hierarchical control of the executive power and made available to the legislative and judicial powers. No one can divert its missions for personal or partisan purposes.
Public officials are subject to the law and a code of conduct that strictly regulates conflicts of interest and incompatibilities, political activities and those with read-cratif purpose authorized and processing information in their possession.
Article 10
Public officials must not accept or solicit, directly or indirectly, in Senegal or abroad, any gift, gift or benefit in the performance of their duties.
Can be tolerated symbolic gifts in kind whose value does not exceed one-my as prescribed by law. Gifts that have not been declined for cultural reasons or major diplomatic are immediately reported and remitted to the administrative department in charge of managing the assets of the state.
Except symbolic acts manifestly in the public interest, donations and gifts of movable or immovable property belonging to the State or its agencies, carried out by a public authority, are forbidden on pain of nullity. The action for restitution or reimbursement may be made by any public body responsible for safeguarding public property or any legal entity of private law which aim to defend the material and moral interests of the citizens.
Article 11
Equal access to public employment is guaranteed for all. Recruitment of public officials are made by public procedures open and transparent competition with the exception of members of the cabinet of the President of the Republic, the Prime Minister, the Ministers and the President of the National Assembly whose number is fixed by decree.
Management functions of national services are provided before formal appointment by appointing candidates from the results of fair and transparent internal procedures.
Management functions of BPS organizations and Independent Authorities offer before formal appointment by appointing candidates from the results of a call for applications organized according to the law.
Section 3: State and Sovereignty
Article 12
Senegal is an independent and sovereign Republic.
The territory of the Republic of Senegal is one and indivisible. The territorial integrity and national unity are inviolable.
No part of the national territory and no sovereign rights of the State can not be transferred to others by virtue of a decision of the people gained by referendum.
Any act of discrimination and propaganda likely to undermine national unity, security of the State or territorial integrity of the Republic are prohibited and punished by law.
Article 13
Sovereignty belongs to the people of Senegal who exercised under the conditions and in the manner prescribed by the Constitution.
The people are the source of all power. Excludes any revision of the Constitution, has the right to initiate a referendum on issues of national interest under the conditions determined by an organic law.
No part of the people, no public institution, no individual can assume the exercise of sovereignty.
Suffrage is universal, equal and secret. It can be direct or indirect.
All Senegalese fulfilling the conditions prescribed by law are eligible voters.
Article 14
Political parties contribute to the expression of suffrage under the conditions laid down by the Constitution and by law. They contribute to civic education and the manifestation of the political will of the citizens.
The Constitution provides for independent candidates participating in all types of election
Political parties as well as independent candidates are required to uphold the Constitution. It is forbidden to identify with a particular race, ethnicity, gender, religion, sect, language or part of the territory. They are also required to adhere strictly to the rules of good governance associative subject to penalties that may lead to the suspension and dissolution.
The Constitution guarantees equal political parties including those who oppose government policy in place rights.
The rules of incorporation, suspension and dissolution of political parties, the conditions in which they operate as well as the status of parties who oppose the policy of the Government and the Leader of the Opposition are determined by law.
Of state sovereignty on its land assets and natural resources.
Article 15
The operation and management of natural resources should be transparent and taking into account the need to preserve the interests of the people and those of future generations.
Article 16
The State and the decentralized authorities have an obligation to ensure the preservation of property assets.
Any land allotment by the State to an agropastoral or other use must be previously investigated by stalk-incommodo without prejudice to any other formalities.
Any land allocation of an area determined by law made by a decentralized community must be prior consultation with affected communities, be authorized by the Council of the authority concerned for the majority of three-quarters (¾) of component members and be approved by the representative of the State.
Article 17
The fishing rights belong to the State that provides free access of traditional Senegalese fishermen fishery resources and access condition to obtaining a fishing license industrial fishing vessels flying holders Senegalese Senegalese flag.
The State may grant fishing rights to foreign vessels operating under a fisheries agreement with the country or international organization that is a member country of the flag and under a charter which conditions are defined by law. Such agreements shall be suitably advertised.
An evaluation of the exercise of the right granted is made on the terms and at intervals defined by law. This one must examine the impacts of the implementation of the agreement biologically and, in general, on the fisheries sector in order to preserve the resource and its sustainable renewal.
Article 18
Any mining concession, license or oil concession must be authorized under the laws in force. Populations and communities concerned must be duly informed.
Concessions during operation, can not be transferred to third parties in consultation with the State.
Article 19
All the exploitation of natural resources authorizations whatever nature, must be previously advertised as appropriate. They are preceded by a study of social and environmental factors that results are shared with the people and communities affected impact.
PART II: FUNDAMENTAL FREEDOMS, RIGHTS AND DUTIES OF THE CITIZEN.
Section 1: Fundamental freedoms of citizens and human rights.
Article 20
Senegalese people recognize every human person inviolable and inalienable rights.
Everyone has the right to life, liberty, security, the free development of his personality, respect for dignity, moral integrity and body including protection against physical mutilation.
No one may be tortured or made to suffer cruel, inhuman and degrading treatment or may impair its dignity.
All governments have the obligation to respect human rights, protect and guarantee their free exercise.
Article 21
No infringement may be brought arbitrarily and without legal freedom of the individual basis.
No one may be arbitrarily arrested or detained. Anyone who is deprived of his liberty has the right to be informed immediately, in a language he understands, of the reasons for their detention and the rights that are his, including that of informing his relatives.
Article 22
Custody is exercised under the control of the public prosecutor is informed immediately of the extent and abuse committed at this stage can assert criminal or disciplinary proceedings before the competent authorities.
The person in custody must be informed of their rights, including the right to silence, the right to a medical examination and the right to be assisted, after the first twenty-four hours in police custody, a lawyer or, failing that, a sworn person of his choice.
The person in custody must be informed of the nature of the offense to which the investigation, as well as its right, if released, to know the result of the procedure.
Article 23
Everyone has the right to have their cases heard without undue delay by the competent law court. The State has the duty to ensure that all have equal access to justice and equal treatment in all courts.
The defense is an absolute right which must be guaranteed at all stages and at all levels of the judicial process. Manner of exercise of the defense are determined by law.
The right to obtain the delivery of the judgment, reasoned decisions and, where appropriate, the use of his right of appeal, as well as other guarantees of a fair trial and proper administration of justice are imperative.
Penalty involving deprivation of liberty may be imposed only by a decision of the Courts.
No one shall be condemned if it is not under a law in force prior to the act.
However, the provisions of the preceding paragraph shall not preclude the prosecution, the trial and punishment of any person for any act or omission which, at the time it was committed, was criminal of According to the rules of international law relating to acts of genocide, crimes against humanity and war crimes.
Article 24
All persons are equal before the law. There is no privilege attached to birth, gender, place of origin or residence, the family or religion.
No one may be discriminated against on grounds of sex, age, origin, race, language, ethnicity, religion, beliefs, opinions, health, the disability or any other reason related to the person.
Gender equality is recognized in all activities related to the life of the Nation.
Every citizen, man or woman, has the right to have its own heritage. Everyone has the right to manage his personal property.
The man and woman have a right to equal access to the possession and ownership of the land under the conditions determined by law.
Civil liberties, political and religious
Article 25
No one may be molested for his political opinions, religious or philosophical. Every citizen has the right to freely express and disseminate his ideas and opinions, by any means of communication, provided that the exercise of this right does not affect the law, or the honor and reputation of others or public order, or the integrity of the nation.
Article 26
All citizens have the right to petition the authorities to defend their rights or denounce as appropriate illegal acts or abuse of power.
Every citizen has the right to organize and participate in meetings as provided by law.
Article 27
The right to protest is guaranteed to all citizens. It is exercised under the conditions determined by law.
Article 28
All citizens have the right to form associations to belong to it and participate in their activities, subject to the provisions of this Constitution and laws.
The State guarantees the safety of all, the creation of any private militias or paramilitary groups is prohibited on all national territory.
The law establishes the conditions for the establishment and operation of private security companies.
Article 29
Freedom of the press is recognized and guaranteed by the State.
The creation of a newspaper is free and is not subject to prior authorization. The media professionals have an obligation to adopt a code of ethics.
Every citizen has the right to inform and be informed.
Article 30
Freedom of conscience and religion and to profess a religious or philosophical beliefs are inviolable and shall be exercised subject to respect for public order and beliefs of others.
Organizations and religious communities have the right to exist. They are separate from the State. They are administered autonomously in accordance with the law, the rights of others and public order.
The State attends religious communities transparently and without discrimination in the conditions determined by the law and the concern to preserve and ensure social peace and national unity.
Article 31
All citizens have the right to move and reside freely throughout the national territory and to go abroad and settle there legally unless judicial or administrative prohibition duly substantiated.
The State defends the interests and protection of Senegalese citizens living abroad in compliance with the laws of the host country. It is required to promote their participation in the life of the Nation.
No Senegalese citizen can not be a ban on entering the country, or expulsion or transfer to another country against his will.
A foreigner shall not be subject to expulsion, extradition or repatriation if it is exposed to an unfair trial, torture or other inhuman and degrading treatment.
Article 32
The right to property is guaranteed and protected by the Constitution. The state provides everyone the free disposal of its assets and the protection of property.
Private property is inviolable.
It can not be deprived of the right to property in the case of expropriation for public utility or confiscation by courts. Expropriation may only be carried out by law or pursuant to a law, subject to fair and prior compensation.
Article 33
The home is inviolable. It may not be ordered to search under the conditions provided for by law.
Measures infringing the inviolability of the home may be authorized by law, if they are necessary to ensure fundamental rights, deal with a collective risk or protect persons in danger. They may also be adopted, under the law, to protect public order against imminent threats, particularly in the fight against the risk of epidemics or to protect children in danger.
These measurements are performed under the supervision of the judge.
Article 34
Protection of privacy and personal data of each is guaranteed. Everyone has the right of access to personal data and the right of correction or cancellation of erroneous under the conditions determined by law data.
The secrecy of correspondence and communications is inviolable. This right may be restricted only by leave of the judge and law enforcement.
Economic, social, cultural and environmental rights
Article 35
Everyone has the right freely to exercise lawful economic activity of their choice.
The law guarantees all citizens and all legal persons under Senegalese law equal rights for the exercise of an economic activity.
Article 36
Everyone has the right to health and access to health services of the state.
The State and public authorities are required to promote public health and to ensure equitable access to care.
Article 37
The State shall promote the right to housing and to facilitate access to housing.
Article 38
Everyone has the right to work and eligible for employment. The State promotes employment and recognizes the right of everyone to work.
No one shall be deprived of his work without legal justification or be denied work because of its origins, sex, disability, opinions, political choices or beliefs.
Discrimination between men and women in employment, wages or tax is prohibited.
The State ensures access to social protection for workers.
Article 39
The freedom to establish trade unions or professional associations to safeguard and improve working conditions is guaranteed to all workers.
The worker may join a trade union of his choice and defend his rights through trade union action.
Article 40
The right to strike is recognized. It is exercised within the framework of the laws that govern it. It can not in any case or undermine the freedom to work or deliberately put the company, services and state institutions at risk.
All workers, through their delegates to the determination of working conditions in the company. The State shall ensure the health and safety conditions in the workplace.
Special laws establish the conditions for assistance and protection of the State and the company agreed to the workers.
Environment
Article 41
Everyone has the right to a healthy environment.
Defense, preservation and improvement of the environment for achieving the objective of sustainable development obligations to public authorities and everyone.
The public authorities have an obligation to preserve and restore the essen-tial ecological processes and provide for the responsible management of species and ecosystems, to preserve the diversity and integrity of the genetic patrimony, to require environmental assessment plans, projects and programs to promote environmental education and to ensure the protection of people in the development and implementation of projects and programs with social and environmental impacts are significant.
Article 42
All citizens have the right of access to land and natural resources under conditions determined by law.
Education and Culture
Article 43
All children, boys and girls, all of the national territory, have the right to receive free education in a public school.
The State and public authorities guarantee the right to education.
Private schools contribute to education under the conditions prescribed by law and under the control of the State.
Organizations and religious communities are recognized as educational givers.
Public schools can provide religious education to the parents' request.
Article 44
Parents have the natural right and duty to bring up and educate their children. They are supported in this task by the State and public authorities.
Everyone has the right to literacy in all national language codified choice.
Article 45
Every citizen has the right to preserve and develop its language and culture, while respecting those of others.
The State guarantees the linguistic and cultural plurality.
It is bound to promote the sciences, humanities, the arts, sport and support the creation and research in all fields of knowledge and technological innovation.
The State shall safeguard the national cultural and historical heritage.
Marriage and family
Article 46
Marriage and family are the natural and moral of the human community. They are under the protection of the State.
Forced marriage is a violation of individual freedom. It is prohibited and punishable under the conditions established by law.
Article 47
The State and the public authorities shall ensure the physical and moral family well-being.
The state gives families access to health and well-being. It also guarantees women in general and those living in rural areas in particular, the right to better living conditions.
Protection of Vulnerable Persons
Article 48
Youth is protected by the State and public authorities against exploitation, drug, drugs, neglect and delinquency.
Article 49
People with disabilities have the right to participate fully in the life of the nation.
The State and the public authorities shall guarantee the free exercise of rights of persons with disabilities including access to public services and protecting them from neglect, discrimination, marginalization and stigmatization.
Article 50
Older people have the right to recognition of the nation and social protection.
The State and public authorities ensure their participation in the life of the nation and for the exercise of their rights.
Article 51
Any infringement of the rights and freedoms listed above and any voluntary exercise their hampers are punishable by law.
He was appointed to this effect a judge of freedoms to adjudicate promptly the suspected acts of illegality or infringement of fundamental freedoms.
The conditions under which a judge of freedoms and terms of appointment shall be determined by law.
The interest to act before courts is recognized organizations human and environmental rights in cases affecting the rights, freedoms and public goods.
Section 2: Duties of citizens
Article 52
All Senegalese citizen must scrupulously respect the Constitution and the laws and regulations, including, to perform his civic duties and to respect the rights of others. In this sense, it must ensure to fulfill its tax obligations and participate in the work of social and economic development of the nation.
Article 53
Every citizen has the duty to defend the country against any aggression and contribute to the fight against corruption and bribery.
Article 54
Every citizen has the duty to respect and uphold the public good but also to refrain from all acts likely to endanger public order, security, public safety and tranquility.
Article 55
Every citizen has the duty to preserve natural resources and the environment in the country and work for sustainable development for present and future generations.
Article 56
Every citizen has the duty to register civil status acts concerning and those relating to his family under the conditions determined by law.
PART III: THE EXECUTIVE
Section 1: The President of the Republic
Article 57
The President of the Republic is elected by direct universal suffrage and majority vote in two rounds, for a term of five years. It may not serve more than two consecutive terms.
Article 58
Every candidate for the Presidency of the Republic must be exclusively of Senegalese nationality, enjoy his civil and political rights, be aged at least 35 years and 70 years at most polling day. He must know how to write, read and speak fluent in the official language.
None of his ascendants, descendants, collateral first degree or spouses may be a candidate to succeed him or ensure its substitution.
Article 59
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