It was the most anticipated point of the national dialogue which opened on May 31 in Dakar between the government and certain opposition parties. Will President Macky Sall’s main rivals regain the civil rights they were stripped of through convictions? And will they be able to run in Senegal’s 2024 presidential election? The political committee replied in the affirmative, saying it was in favor of amending articles L28 and L29 of the electoral code, which would allow rehabilitation of the civil and political rights of people who have benefited from a presidential pardon and who have served their sadness.
“Section A29 permanently disqualified anyone who had been sentenced to more than five years in prison. We agreed that this did not comply with international standards, “explains Déthié Faye, one of the politicians who takes part in the dialogue and who says he does not belong to the majority or the opposition. The committee wants the ineligibility to be lifted once the sentence has been served, except in cases of drug trafficking, crimes or embezzlement of public funds, for which the period would extend to five years after the expiry of the sentence.
“Karim Wade and Khalifa Sall will therefore be able to participate in the election, because they have benefited from a pardon and have exhausted their sentence”, concludes Déthié Faye. Karim Wade, son of former President Abdoulaye Wade, was sentenced in 2015 to six years in prison for illicit enrichment, before being pardoned and going into exile in Qatar. Khalifa Sall, former mayor of Dakar, had meanwhile been excluded from the presidential election of February 2019, having been sentenced to five years in prison for embezzlement of public funds, before being pardoned in September of the same year.
If the modification of the electoral code could allow these two politicians to present themselves in 2024, the question remains open for Ousmane Sonko. The president of the African Patriots of Senegal party for work, ethics and fraternity (Pastef) was sentenced to two years in prison for youth corruption and a six-month suspended sentence for defamation. These sentences, which are not yet final, directly threaten his eligibility. “Unfortunately for the case of Ousmane Sonko, we have not found a way out”, regrets Moundiaye Cissé, of the NGO 3D.
The sensitive issue of sponsorships
The other thorny issue that has not found consensus is that of President Macky Sall’s participation. Accused by his opponents of wanting to run for a third term, he refuses for the time being to decide. His entourage insists that this new candidacy would be legal, unlike his rivals and civil society. “Concerning the debate on the third term, the only legal institution that can take a decision on the candidacies is the Constitutional Council”, recalls Mouhamadou Dia, responsible for the communication of the national dialogue.
The Political Committee has nevertheless managed to make progress on the sensitive issue of sponsorships and the rules of the electoral game, “which have been a reason for the elimination of candidates in the past”, is satisfied Moundiaye Cissé.
The percentages of citizen sponsorship have been revised downwards from a minimum of 0.8% to 0.6% of the electoral roll. Candidates will also have the choice of having their candidacy validated by 13 deputies or by 120 heads of territorial executives such as mayors or presidents of departmental councils, explains Déthié Faye. “This will allow more candidates to participate”, welcomes Mr. Cissé.
The debates must continue around the “consolidation of rights and freedoms”, the “question of detainees”, the “cumulation of the function of head of state and party leader” and “access to the media of State”, according to Déthié Faye. Important stakes as several marches were banned and more than 600 people were arrested during the demonstrations on June 1 and 2, according to Pastef.
The conclusions of the national dialogue are, however, only recommendations, which will then be decided by the Head of State. His speech, scheduled for Saturday June 24 at the end of the dialogue, is eagerly awaited.
