The Aomf presented, in Dakar, its assessment of African mediation institutions. Senegal’s, one of the oldest, has operated without interruption. But it is not enshrined in any Constitution. Elsewhere, institutions have been abolished or suspended.

By Malick GAYE – Burkina Faso, Niger, Guinea: in three years, institutional mediation has been abolished, interrupted or removed from the Constitution in these countries. The report of the Association of Ombudsmen and Mediators of the Francophonie (Aomf), presented at its high-level meeting, draws a lesson from this: nothing can be taken for granted. Commissioned in January 2026 from the Ombudsman of the Republic of Senegal, the assessment was delivered in its final version on 15 October. It covers some fifteen countries, including non-members of the association. Senegal stands out as a benchmark for longevity. The Ombudsman is governed by the law of 29 January 1999, appointed by decree for a single non-renewable six-year term and protected by immunity from jurisdiction. He investigates, acts on his own initiative, makes recommendations and may request prosecutions. But, as in Benin, his institution rests on statute alone. Burundi, Congo, Côte d’Ivoire, Morocco, Rwanda and Togo have enshrined it in their Constitutions; Mali did so in 2023. The report adds a nuance: the absence of constitutional anchoring has not, so far, compromised the functioning of the institutions concerned. It nonetheless observes that ombudsmen are “always placed at the top of the pyramid of institutions to be abolished” during reforms or political ruptures. The Venice Principles (2019) recommend a legal basis, preferably a constitutional one. For institutions under a legislative framework, including Senegal’s, the document recommends supporting advocacy for constitutionalisation and exchanging practices. It also calls for constant monitoring of citizens’ expectations and of the rhetoric of those in power, the strengthening of resources and remits, and solidarity among peers. Senegal is also among the countries, alongside Benin and Côte d’Ivoire, involved in a joint data collection exercise on referrals, the follow-up of recommendations and public reports. The weaknesses are shared: small staff numbers, insufficient resources, silence from the administration. In Morocco, the time taken to implement recommendations rose from 672 to 815 days between 2024 and 2025. In Senegal, the Ombudsman’s contribution to the latest National Conference on Justice caught the attention of the Head of State, who asked for it to be disseminated.

mgaye@lequotidien.sn