Strengthening Anti-Corruption Institutions (SN0003)

What is the public issue that the commitment will address? After having adhered to several international anti-corruption instruments, Senegal set up OFNAC, by law n°2012-30 of December 28, 2012. This institution investigates cases and regularly submits reports to the public prosecutor implicating certain individuals. However, these reports are not always followed up. This can be explained, to some extent, by the absence of prerogatives of the OFNAC regarding the follow-up of investigation files transmitted to the competent judicial authorities. In addition, some of those authorities who are subjected to the declaration of assets do not fulfill this obligation, as provided for by Law No. 2014-17 of 2 April 2014, without being subject to sanctions. Consequently, strengthening the assignments of OFNAC would be a way of improving anti-corruption strategies and increasing the accountability and transparency of public action.

What are the objectives of the commitment? The main objective of this commitment is to strengthen the assignments of OFNAC. Specifically, it consists in one hand of ensuring that follow-up is given to investigation files transmitted to the competent judicial authorities, and in another hand, of making the declaration of assets be effective for all those who are subjected to the law

How would the commitment contribute to solving the public issue? The commitment will help: - strengthen the credibility of OFNAC - prevent corruption; and - improve the repression of corruption; - increase transparency in the management of public affairs and the follow-up of investigative files 21

Why is this commitment relevant to the OGP values? The commitment refers to the principle of anti-corruption, transparency and accountability, promoting the integrity of public officials.

Further information Senegal has a national anti-corruption strategy with three major axes: - Reform of the normative and institutional framework; - Improvement of governance and coordination of anticorruption interventions; - Improvement of communication and capacity building of anti-corruption actors (information, communication and education).

Important activity with a verifiable deliverable Agenda Start Closure 1. Advocate for the revision of Law n°2012-30 of 28 December 2012 on the creation and organization of OFNAC and its implementing decrees. January 2022 December 2023 2. Advocate for the adoption of an anti-corruption law, including the protection of whistleblowers, whistleblowers, victims and witnesses of corruption January 2022 December 2023 3. Advocate for the revision of the law n° 2014-17 of 2 April 2014 on the declaration of assets January 2022 December 2023 4. Disseminate the national anti-corruption strategy and draft laws January 2022 December 2023

Action Plan Review

Commitment 3: Strengthening the powers of the National Office against Fraud and Corruption (OFNAC)

For a complete description of commitment 3, see the action plan: https://www.opengovpartnership.org/wp-content/uploads/2021/08/Senegal_Action-Plan_2021-2023_EN.pdf

Context and objectives

This commitment aims to facilitate government and civil society collaboration to strengthen Senegal's legal and institutional anti-corruption framework. Specifically, milestones promise to advance reforms called for under Senegal's 2020-2024 national anti-corruption strategy (Stratégie Nationale de Lutte Contre la Corruption, SNLCC) [19] and to strengthen the enforcement powers of the National Office against Fraud and Corruption (OFNAC). As called for under Axis 1 of the national anti-corruption strategy, [20] this commitment seeks to strengthen the anti-corruption legal framework “with all concerned stakeholders, including civil society and the private sector, in a process of broad consultation based on studies and exchanges.” [21]

This commitment undertakes to reinforce the powers of the National Office against Fraud and Corruption (OFNAC) by reviewing and upgrading its foundational legislation and decrees. OFNAC, established in 2012, investigates corruption cases and receives public officials' asset declarations as part of its mandate. However, OFNAC currently lacks the ability to follow-up on corruption cases after their referral to judicial authorities. Additionally, public official's compliance with asset declaration remains low, and non-compliant officials are unsanctioned. Milestones 1 and 3 of this commitment aim to address these obstacles to OFNAC's anti-corruption efforts.

This commitment will be carried out by OFNAC and civil society association Forum Civil, and is supported by the National Assembly, the Presidency, the Ministries of Finance, Justice and Economy, control bodies, and local authorities.

Potential for results: Substantial

Corruption continues to impede Senegal's political and economic progress. In 2021, Senegal scored 43 out of 100 points in Transparency International's Corruption Perceptions Index, ranking the country 73rd out of 180 countries evaluated. [22] This commitment addresses the vital national issue of fighting corruption, as acknowledged by CSO African Governance Institute [23], and is supported by international agencies and development partners. [24]

The 2020 national anti-corruption strategy aims to strengthen Senegal's legal and institutional anti-corruption tools. The strategy has three major axes: reform of the legal and institutional anti-corruption framework, improvement of anti-corruption actions and governance, improvement of communication and capacity building for actors involved in corruption prevention. The strategy is aligned with the government’s development framework of “Plan Sénégal Émergent” and receives support and funding from international partners. [25] Within these broader efforts, this commitment specifically aims to adapt or introduce legislation around OFNAC's operations and mandate (milestone 1), whistleblower, witness, and victim protection (milestone 2), and public officials' asset declarations (milestone 3).

Ibrahima Fall, Permanent Secretary for OFNAC, stated that anti-corruption legislation would be reviewed and adopted under this commitment through a participatory approach. He clarified that a multidisciplinary committee, including civil society members, will draft the texts before their transmission to the ministerial and legislative circuit. However, Permanent Secretary Fall also noted that an internal government committee is already established to propose a draft bill to amend law 2012-30, establishing OFNAC. Moreover, a draft bill reforming the declaration of assets law (2014-17) was internally validated on October 27, 2021. Both texts will undergo a final internal reading before entering the administrative circuit. [26] Therefore, this commitment's potential to contribute to substantial open government results partly depends on whether the drafting process for such legislation is meaningfully opened to civil society and public input.

The commitment proposes sanctions for non-compliance of asset declaration obligations, thus increasing accountability of public officials. The Permanent Secretary Fall anticipates that access to information on asset declarations also would improve as a result of the commitment. [27] Every year, OFNAC reports on the number of entry and exit declarations received, which remain low compared to the number of declarations that should be submitted. [28] If sanctions are established, “they will be a deterrent to anyone who attempts to commit the same offense while also contributing to the control of assets.” [29] Overall, “if follow-up is given to the investigation files sent to the competent judicial authorities and the declaration of assets is made effective for all subject persons, this will have an impact on good governance. Indeed, corruption will be repressed regularly through judicial decisions.” [30]

In parallel to the above-mentioned legal reforms. OFNAC has also started to disseminate the national anti-corruption strategy in all regions of the country. This dissemination process will include the entire anti-corruption legal framework, when established. [31]

While the milestones in the commitment text lack specificity, IRM research clarified that implementation of this commitment promises to strengthen civic participation in anti-corruption policymaking, through the creation of a multi-stakeholder committee to review and draft legislation. Moreover, the subsequent legislation can potentially strengthen government transparency and public accountability through greater protection for whistleblowers and asset declaration enforcement and disclosure. Provided that the resulting legislation is relevant and comprehensive, and if sanctions for non-compliance are adopted, the commitment could substantially enhance participation in anti-corruption policymaking and public accountability.

Opportunities, challenges, and recommendations during implementation

This commitment represents an opportunity for civil society to collaborate with the government to improve the anti-corruption legal framework. The African Governance Institute, an organization involved in the action plan, believes that the government is committed to the open government approach. [32] Including this pre-existing reform in the OGP action plan ensures support at the state’s highest level, and implementation can be informed by international best practices. [33]

As for other commitments, stakeholders might face challenges in terms of securing political will, as the draft laws must be negotiated in parliament. Local elections in January 2022 offer the opportunity to seek anti-corruption allies among newly elected municipal leaders. Also, involvement of civil society organizations in the reform process must be clarified, as only Forum Civil is listed as stakeholder in the commitment text while a “framework of broad consultation” [34] is expected. Finally, it will be crucial to guarantee funding to implement and disseminate the updated anti-corruption framework.

Senegal can look at several successful consultative approaches to strengthen institutional anti-corruption frameworks, such as the open and participatory drafting of the Croatian Anti-Corruption Strategy (2014). [35] Senegal can also look at Albania’s implementation of the law "On Protection of Whistleblowers" in its 2016 action plan. [36] For significant outcomes, the IRM recommends that the following criteria are met when implementing this commitment:

Results Report

Commitment 3. Strengthening the powers of the National Office against Fraud and Corruption (OFNAC)

• Completion: Substantial
• Early results: No Notable Results

This commitment aimed to strengthen Senegal’s anticorruption laws and institutions. It sought to amend laws to establish the National Office Against Fraud and Corruption, to pass a law to protect whistleblowers, witnesses, and victims of corruption, revise the law on the declaration of assets, and to disseminate the national anticorruption strategy.

After the end of the implementation period, the Council of Ministers on November 22, 2023 passed a bill amending law no. 2012 - 30 creating the National Office against Fraud and Corruption. The Council also passed a bill amending law no. 2014 - 17 on November 4 on the declaration of assets. [5] At the time of writing, the draft texts were not publicly available had had not yet been passed into law by the National Assembly. [6] The draft bills went to the National Assembly in December 2023.

The third bill foreseen under the action plan to protect whistleblowers did not make progress during the implementation period. However, President of Senegal Bassirou Diomaye Diakhar Faye highlighted the adoption of this bill as an immediate aim under his new administration. [7]

[5] « Notable Changes at OFNAC » Seneplus. 2023. https://www.seneplus.com/politique/des-changements-notoires-lofnac

[6] Birahim Seck is the co-ordinator of Forum Civil, a civil society organization and member of the Senegalese civil society platform for OGP, https://fr.allafrica.com/stories/202311260005.html

[7] “CSOs in Sénégal Welcome Bill to Protect Whistleblowers.” 2024. West Africa Democracy Radio. https://wadr.org/interview-csos-in-senegal-welcome-bill-to-protect-whistleblowers/