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Transparency in Business: What the Access to Information Bill Provides

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Transparence dans les affaires: Ce que prévoit le projet de loi sur l’accès à l’information

This will be a first in Senegal if the National Assembly votes for the bill on access to information. "Moreover, Senegal has enshrined in the Constitution its commitment to transparency in the conduct of public affairs and to respect for fundamental freedoms and the rights of citizens. The fact remains that there is still no law establishing the procedures for exercising the right of access to information, although this right has been taken into account indirectly in several national texts, such as Law No. 2006-19 of June 30, 2006 relating to archives and administrative documents, Law No. 2008-12 of January 25, 2008 relating to the protection of personal data, Law No. 2012-22 of December 27, 2012 relating to the Code of Transparency in the Management of Public Finances, Law No. 2013-10 of December 28, 2013 relating to the General Code of Local Authorities, as amended, Law No. 2017-27 of July 13, 2017 relating to the Press Code, Law No. 2021-21 of March 2, 2021 establishing the rules of applicability of laws, administrative acts of a regulatory nature and administrative acts of an individual nature and decree no. 2021-445 of September 5, 2021 establishing and organizing the National Committee for Transparency in Extractive Industries (CN-ITIE)”, explained the initiators of this project.

 

According to them, the effectiveness of the right of access to information, a corollary of transparency, participation and citizen control, accountability, efficiency and quality of public service, requires, in practice, the adoption of a specific law on access to information.

 

They emphasize: "This law promotes the consolidation of democracy and the rule of law as well as the improvement of the business environment. It also aims to establish a constructive public debate and to give citizens the legal and operational means allowing them to base their opinions on information from authentic and reliable sources."

 

The document presented to the Assembly sets out the scope of the right of access to information and the terms of its implementation. The text introduces, among other things, major advances, namely the enshrinement of the right of access to information for taxable persons, the creation of the access to information commission, the establishment of a system of sanctions against taxable persons in the event of failure to meet their obligations and the repeal of the provisions of Articles 23, 24 and 25 of Law No. 2006-19 of 30 June 2006 relating to archives and administrative documents.

 

Auteur: Awa FAYE
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