Quota for lawyers from the Diaspora: Horizons sans frontières denounces a violation and calls on Diomaye Faye

The Senegalese Bar Association, in its internal regulations, has implemented a quota that now allows only 10 interventions in Senegal for lawyers from the diaspora. In a statement received by Seneweb, Boubacar Seye, president of Horizons sans frontières (Horizons Without Borders), denounces this decision, which he considers a "violation" of the Franco-Senegalese convention on judicial cooperation. To restore normalcy, he is appealing to the President of the Republic, Diomaye Faye. Here is the full text of his statement.

"Discrimination against lawyers from the diaspora: Horizon Sans Frontières calls on the President of the Republic, Bassirou Diomaye Faye!!!"

Horizon Sans Frontières (HSF) draws the attention of the President of the Republic to a situation which is causing deep incomprehension within the Senegalese diaspora with the new internal regulations of the bar association which establishes a quota of 10 cases per year for lawyers from the diaspora to come and defend their cases in the courts and tribunals in Senegal.

Article 46 of the Franco-Senegalese Convention on Judicial Cooperation allows for unlimited intervention by diaspora lawyers, provided they have an address with a lawyer in Senegal. This decision by the Bar Association, which seeks to establish a system of prior authorization for any intervention by diaspora lawyers in Senegal, violates this international convention.

Today, Horizon Sans Frontières, along with other members of civil society, are deeply concerned and have decided to speak out against this internal regulation which tightens and limits the conditions for lawyers from the diaspora to assist them in Senegal, in direct violation of their freedom to choose their lawyers from their own communities and to meet them in their offices established in France.

HSF denounces the new restrictions imposed by the Bar Association

Aly Fall and the professional body which she considers discriminatory against their own compatriots and colleagues established in the diaspora, preventing them from putting their talents at the service of their country.

This situation is of primary concern to the President of the Republic, especially as it contradicts his appeal to Senegalese people abroad to take their full part in the implementation of the Senegal 2050 Vision.

The diaspora represents a vast reservoir of skills, expertise, and experience acquired in the world's leading universities, businesses, government agencies, and legal systems. Among these skills are lawyers who, every day, defend the interests of our compatriots abroad, assist them with their legal matters in Senegal, protect their rights, and contribute to Senegal's influence far beyond its borders.

So how can we understand the internal regulations of the Bar Association which, beyond their protectionist intent, will inevitably have negative impacts on the diaspora's choice to be represented by lawyers from their own community in their daily affairs?

Every Senegalese person must be useful to their country, including those in the diaspora.

Senegalese living abroad constitute one of our nation's greatest economic forces. Each year, their remittances exceed, according to several estimates, the official development assistance received by our country. They support thousands of families, create businesses, finance community projects, and actively contribute to the resilience of our economy.

When it comes to sending money, there's no limit, but when it comes to choosing their own lawyers, there is a limit. That's unacceptable.

The greatest asset of the diaspora remains its human capital.

Senegal cannot call on its diaspora to invest, to return, to share their expertise and, at the same time, allow discrimination and obstacles to take root that discourage those who want to serve their country.

Horizon Sans Frontières calls for a major mobilization throughout the diaspora to fight against this decision by Bar President Aly Fall and the Senegal Bar Association.

The organization calls for constructive dialogue with the relevant institutions so that all Senegalese skills can find their place in building our rule of law.

History will remember the leaders who succeeded in reconciling Senegal with all its intelligence, wherever it may be found.

The President of the Republic's Vision Senegal 2050 can only fully succeed if it relies on all the sons and daughters of the Nation, without distinction of residence, without exclusion and without discrimination.

Horizon Sans Frontières invites the President of the Republic, His Excellency Mr. Bassirou Diomaye Faye, and the Minister of Justice and Keeper of the Seals, Mr. Moussa Sarr, to make this issue a symbol of their commitment to equal opportunities, the promotion of skills, and reconciliation between Senegal and its diaspora.

Boubacar Seye

Consultant-researcher in international migration

President of Horizon Sans Frontières