Receiving officials from the Prime Minister’s Office on Wednesday, September 4, 2024, Prime Minister Ousmane Sonko stated that effective accountability would soon begin across the country. He stated on this occasion that three or four of those targeted had fled the country, but that steps would be taken to arrest them. “We will take all necessary steps to ensure that justice is done and that the money that belongs to the people is returned,” he added, specifying that “in the coming days, dozens of them will be held accountable.” Everything now suggests that this hunt for dignitaries of the former regime has begun, since the former Minister of Urban Planning, Housing, and Public Hygiene, Mr. Abdoulaye Saydou SOW, was simply banned from leaving Senegalese territory on Sunday, September 8, 2024, by Air and Border Police officers at Blaise DIAGNE Airport in DIASS. Mr. SOW publicly stated that he had received no notification of the exit ban and stated that, to date, he has not been singled out by any report from the OFNAC, the IGE, the IGF, or the Court of Auditors. The new Senegalese authorities are undoubtedly right to make accountability a national priority, given the economic situation, the scale of alleged corruption, and poor governance in the country. However, this must be done in accordance with the rules and principles of the rule of law and with scrupulous respect for the fundamental rights of citizens.
Our Constitution (Article 14) allows every citizen to move freely within the country and abroad. This freedom of movement is also recognized by the African Charter on Human and Peoples’ Rights (Article 12), which is an integral part of the Senegalese Constitution.
Given that citizens exercise their rights and freedoms, among other things, with respect for collective security, morality, and the common interest, the law allows judicial, administrative, customs, and tax authorities to issue travel bans, provided that the individuals concerned are informed of the measures taken and have the opportunity to appeal to the judge, the sole “guardian of the rights and freedoms defined by the Constitution and the law” (Article 91 of the Constitution), to challenge the measure.
The African Meeting for the Defense of Human Rights (RADDHO) therefore reminds the Senegalese authorities that they are obliged to inform all those affected by the accountability process of the precautionary measures taken against them, and that each of them is responsible for referring the matter to the judicial authorities to review their legality. This is the price to pay to prevent actions as legitimate as promoting good governance and fighting corruption from being perceived as a witch hunt against the leaders of the ousted regime.
Done in Dakar, September 10, 2024.
The Chairman of the Board of Directors of RADDHO.