The parliament has just adopted bluntly, in accordance with its automatic that everyone recognizes it, the bill for telecommunications code introduced by the Minister of Telecommunications.
vetted by the legal advisers of the 'ODSENT through an objective analysis of the various laws, the new law that repeals and replaces the Act 2001-15 of 27 December 2001 amended by Law 2006-02 of January 4, 2006 has more disadvantages than advantages.
This is a new code of telecommunications and postal services, tailored patronage, without the advice of real actors, even the Minister of Telecommunications, Master of work, was struggling to defend the parliament, precisely because, far from being neutral, relevant and comprehensive to ensure proper functioning and fair regulation of telecommunications services and posts in Senegal to the satisfaction of users.
Thus, the executive office of the ODSENT noted many irregularities in the design, applicability and especially the transition of different laws.
A good code of telecommunications and posts should not only reflect reality but also and especially national technical solutions and legal measures to build a good national information society in relation to its environment in the region.
For a fine perception of the realities on the Senegalese state of the art telecommunications, but mostly on the urgent need for immediate resources, the ODSENT offers a rereading of documents produced by the ENTICE (National Survey Technologies of Information and Communication in Senegal),
published last March by the ARTP which showed, among other statistics, that Senegal has a rate of Internet connection 4% 85, 5% of households have no web tool, that 72% of the world's population rural development are more than 5 km to get an Internet connection and the administrative procedures were not known populations.
Which survey recommends, urbi et orbi, funding for telecommunications and ticks, dipped in a general depression.
How to understand that in such a context of scarce resources, advanced digital divide, connectivity anywhere, as the code of telecommunications and posts recommended for funding energy and audiovisual by the fund development of universal access (art 90)?
The ODSENT remember that thousands of the 14,000 villages that make up the Senegal are electrified, and yet well covered by ADSL, thanks to Sonatel, but unfortunately are not connected lack of resources, the pretext cited by the Minister remains wrong because the energy crisis, a consequence of poor mismanagement, is not necessarily the cause of the digital divide.
Why resources telecommunications should she come to the aid of energy? What are they responsible for telecommunications and energy problems in this country?
Pooling resources development fund universal service for the energy sector remains a sabotage in order, guilty of contempt telecommunications sector which is already in a deep crisis of funding ?
Macky Sall, Me Madické Niang, Samuel Sarr and other former energy ministers have never benefited from this law, occasional largesse, the institutional and financial resources available to unheard of son of the Head of State.
In reality in this country, it is money that Karim Wade, involving boiling all sectors (education, health, transportation, military retirees, justice, etc. .).
is why ODSENT strongly denounce this unjust and budget-pooling, which is nothing more than a second fracture connectivity of digital technologies and universal access.
The ODSENT criticizes the complexity of the code that calls the signing of innumerable decrees that their publication often late undoubtedly reduce the development of telecommunications and posts when we know that several laws remain unimplemented due to lack of long decrees.
The ODSENT notes that the independence of ARTP could be a reality until it is proven under the tutelage of Presidency of the Republic even if it passes a public institution status to that of independent authority (art 183).
ODSENT The text notes that the longer protects workers ARTP by retention of their personal status and their rights and benefits (Article 184) against the interests of stakeholders and users.
The ODSENT denounced the silence of the text on a possible timetable for monitoring and verification of accounts, subject to the obligation to inform (art 180) because for reasons of transparency, ethics and development, an annual review of the Resource Management ARTP should be confirmed.
The ODSENT said that the new Directorate General of ARTP, under the authority of Mr. Ndongo DIAO has failed outright transparency by making a total blackout in its annual report on budget execution in 2009, unlike the 2007 report produced by his predecessor Mr Daniel Goumalo Seck.
The ODSENT also offended the 2 / 3 of budget surpluses ARTP be paid into the account of treasury (art 173) when the National Commission of connectivity, which necessitated the creation of a Ministry of State attached to the Presidency Republic, remains without a budget?
The ODSENT surprised that after ten (10) years of recovery of funds for development of the universal telecommunications service in accordance with the instructions of the law 2001-15 of 27 December ARTP still refuses to disclose the amount of FDSUT.
Dakar, February 24, 2011
The Executive Office of ODSENT
www.osiris.sn
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