The President of the Senegalese Republic has decided to appoint a Director General of the Telecommunications and Postal Regulatory Authority (ARTP) according to the press release of the Council of Ministers on May 2nd. A decision that calls into question the actors involved.

The ARTP is a public institution created by Law No. 2001-15 of 27 December 2001 on the telecommunications code. It is responsible for establishing and maintaining a healthy and competitive economic environment in the telecommunications sector for the benefit of all actors involved, users and the State. It has become an independent administrative authority since Law No. 2011-01 of 24 February 2011 on the Telecommunications Code, which repealed and replaced the 2001 Act, to bring the legal framework governing the telecommunications and information and communication technologies sector into line with Community law.

En effet, selon les informations, l' article 11 de l' acte additionnel A/SA 1/01/07 de la CEDEAO et l' article 4 de la Directive N° 01/2006/CM/ UEMOA require Member States to ensure the independence of regulatory authorities from political power and from all organizations providing telecommunications networks, equipment or services and from all organizations operating in the sector, by ensuring that these authorities are legally distinct and functionally independent.

Article 4, paragraph 6, of the Directive of and article UEMOA 4, paragraph b5, of the ECOWAS Additional Act state very clearly that the recruitment of members of decision-making bodies through a transparent application procedure on the basis of proven professional skills and qualifications

Par ailleurs, aussi bien à l' article 164 du Code portant Code des Télécommunications de 2011 que dans celui 237 from 2018 , it is indicated that the Director General of ARTP is appointed by decree. Article 2 of Decree 2019-591 of 14 February 2019 on the organization and functioning of the ARTP indicates that the ARTP is attached to the Presidency of the Republic. Thus, under national law, there is no express provision guaranteeing that, in the exercise of his functions, the Director General of ARTP is protected from any political pressure that may compromise his impartiality in assessing the regulatory issues submitted to him. On the basis of these legal and regulatory provisions, the Director General of ARTP is not only appointed by decree, without any recruitment procedure through a call for applications, but also placed under the authority of the President of the Republic, and therefore under the direct influence of