In the wave of appointments, the Telecommunications Regulatory Authority (Artp) has a new Dg. Except that on the side of the association of ICT users (Asutic), we consider that the process is a violation of the texts in force.
(Cio mag) – In a press release, the Association recalls that the Artp, created by Law No. 2001-15 of December 27, 2001 relating to the telecommunications code, is a public institution responsible for establishing and preserving in the sector telecommunications, a healthy and competitive economic environment for the benefit of all stakeholders involved, users and the State. “It has become an independent administrative authority since Law No. 2011-01 of February 24, 2011 relating to the Telecommunications Code, which repealed and replaced the Law of 2001, to establish the legal framework governing the telecommunications and technology sector. information and communication in accordance with UEMOA/ECOWAS community law. Community texts relating to the telecommunications sector include unequivocal provisions, which aim to guarantee the independence of the ARTP from both political power, the private sector and any lobbying group,” we read in the document.
To this end, continues the Source, article 11 of ECOWAS additional act A/SA 1/01/07 and article 4 of Directive No. 01/2006/CM/UEMOA provide that member states guarantee the independence of regulatory authorities from political power and from all organizations ensuring the provision of telecommunications networks, equipment or services and from all organizations operating in the sector, by ensuring that these authorities are legally distinct and functionally independent.
To this end, underlines Asutic, article 4, paragraph 6, of the UEMOA Directive and article 4, paragraph b5, of the ECOWAS Additional Act state very clearly that the recruitment of members decision-making bodies through a transparent call for applications procedure on the basis of proven professional skills and qualifications.
“These community standards have not, however, been faithfully transposed into the national legislation of Senegal. Indeed, both in article 164 of the Telecommunications Code of 2011 and in article 237 of 2018, it is indicated that the Director General of the ARTP is appointed by decree. In addition, article 2 of Decree 2019-591 of February 14, 2019 relating to the organization and operation of the ARTP indicates that the ARTP is attached to the Presidency of the Republic. There is therefore no express provision in national law guaranteeing that, in the exercise of his functions, the Director General of the ARTP is protected from any political pressure likely to compromise his impartiality in the assessment. regulatory questions submitted to it,” criticizes Asutic.
Violation of community texts
Continuing, Asutic indicates that due to the basis of these legal and regulatory provisions, which do not comply with community texts, the Director General of the ARTP is not only appointed by decree, without any recruitment procedure through a call for applications, but worse still, it is placed under the authority of the President of the Republic, therefore under the direct influence of political power. A failure by the State of Senegal to fulfill its obligations under UEMOA/ECOWAS community law. “Article 4.I of the Revised ECOWAS Treaty proclaims that Member States affirm and declare their adherence to the principle of “recognition of and respect for the legal rules and principles of the Community”. In addition, Article 5.3 states “Each Member State undertakes to honor its obligations under this Treaty and to respect the decisions and regulations of the Community”. The additional acts of ECOWAS are binding on Member States, therefore respecting its obligations means, on the one hand, that they are of immediate application, and on the other hand, that each State must take measures to make its obligations inapplicable. national laws contrary to Community law…”.
