Senegal’s constitutional reform faces referendum amid political debate

The constitutional reform bill, adopted by Senegal’s National Assembly on June 29, will be put to a referendum, the Justice Minister announced before lawmakers. President Bassirou Diomaye Faye has opted for this procedure under Article 103 of the Constitution to allow citizens to directly endorse or reject the sweeping changes proposed.

This reform, spearheaded by the PASTEF-led majority, aims to fundamentally reshape the country’s institutional architecture. Key objectives include strengthening the Parliament’s role, redefining the balance of power between the presidency and the Prime Minister, and replacing the Constitutional Council with a new Constitutional Court.

The decision to hold a referendum comes as the bill ignites heated debates in Senegal’s political circles. Supporters hail it as a landmark step toward modernizing governance, while critics warn it could destabilize the delicate equilibrium of powers established over decades.

The referendum will give Senegalese voters the final say on a reform that was a cornerstone of PASTEF’s 2024 presidential campaign, promising a break from the past’s perceived concentration of authority in the hands of the head of state.

Why push for constitutional reform now?

This reform was a central pledge of the PASTEF platform during the 2024 presidential election, positioning itself as a response to years of criticism that previous governments had overly centralized power. President Faye’s election raised hopes for swift institutional change, though recent political developments have complicated the process. While still officially a member of PASTEF, the president has distanced himself from the party’s leadership, adding a layer of uncertainty to the reform’s future.

Supporters argue the changes are essential to modernize Senegal’s institutions and correct historical imbalances. Opponents, however, caution that the reform could inadvertently shift power dynamics in unpredictable ways, potentially undermining the stability of the political system.

Key changes proposed in the draft reform

Establishing a powerful Constitutional Court

The reform dissolves the existing Constitutional Council and replaces it with a Constitutional Court, expanding its jurisdiction significantly. The new court would consist of nine members—seven judges and two legal experts—serving six-year, non-renewable terms.

The court’s authority would extend to constitutional, electoral, and referendum matters, positioning it as the highest judicial body in these domains. It would also oversee the functioning of other state institutions and have the power to review administrative acts related to national elections. Decisions by the court would be binding on all individuals and entities, including government bodies.

A notable innovation is granting the Prime Minister direct access to the Constitutional Court, a privilege previously reserved for the President and a tenth of lawmakers. Advocates see this as a move toward greater judicial independence, though critics question the safeguards ensuring the court’s autonomy.

Redefining the executive: a shared leadership model

The reform maintains the President’s central role but introduces a collaborative framework with the Prime Minister. While the President retains responsibility for defining national policy, this power would now be exercised “in consultation” with the Prime Minister.

The Prime Minister would also gain the ability to preside over Council of Ministers meetings, though strictly on the President’s explicit delegation and with a predefined agenda. Additionally, the reform formalizes the existence of junior ministers within the government, aiming to distribute executive responsibilities more evenly.

These changes are intended to reduce the concentration of power around the presidency without converting Senegal into a parliamentary system. The President remains the head of the executive, but the reform seeks to clarify roles and foster a more balanced distribution of authority.

Strengthening the separation between the presidency and political parties

Under the current system, the President can hold leadership positions within a political party. The reform prohibits this practice, allowing the President only a ceremonial role in a party. The head of state would also be barred from participating in electoral campaigns unless running for re-election.

The reform further tightens conflict-of-interest rules, preventing the President from holding any other public or private position, paid or unpaid. The goal is to enhance the neutrality of the presidency and prevent the conflation of state functions with partisan interests.

Proponents view these measures as essential to institutional impartiality, while opponents argue they could weaken the political bond between an elected president and the majority that supported them.

Empowering Parliament with stronger oversight

The reform enhances the National Assembly’s oversight capabilities, enabling parliamentary commissions to summon any individual for testimony and adopt resolution texts to guide government action. The government would also be required to provide detailed reports on investments in strategic sectors, particularly those involving natural resources.

Additionally, the reform bans the accumulation of ministerial positions with local mandates, such as mayor or departmental council president, to prevent conflicts of interest and ensure greater accountability.

Regulating presidential transitions

The draft introduces legal provisions to govern the transition period between presidential elections and the swearing-in of a new head of state. During this phase, the outgoing President would face restrictions on making decisions with long-term consequences, such as signing major international agreements or initiating significant financial commitments, unless deemed necessary for state continuity.

The aim is to prevent an outgoing administration from making irreversible decisions that could bind its successor, ensuring a smoother transition of power.

What remains unchanged in the reform proposal

Despite the sweeping changes, the reform does not alter several fundamental aspects of Senegal’s political system. The President will continue to be elected by direct universal suffrage for two consecutive five-year terms, and the republican form of the state remains intact. The protected principles outlined in Article 103 of the Constitution also stay unchanged.

Rather than establishing a new Republic, the reform focuses on reorganizing the functioning of institutions and rebalancing power dynamics without altering the core nature of the regime.