An exceptional list of participants
In the presence of Mr Serigne Diop, Minister of Justice for Senegal, an International seminar organised by the UIHJ and the National Order of Enforcement Agents of Senegal was held in Dakar on the 14th of May 2004. The list of participants was exceptional. Amongst the hundred or so people present, the judicial and legal world was represented at the highest level: Mr Mohamed Sonko, President of the Council of State, Mr Guibril Camara, President of the court of cassation, Mr Abdou Bame Gueye, President of the revenue court, Mr Cheikh Tidiane Diakhate, first president of the court of appeal of Dakar, Mr Demba Kandji, President of the regional court of Dakar, Mr Lassane Diare and Mr Abdoulaye Gaye, State Prosecutors at the regional court of Dakar, Mr Mamadou Raad, President du tribunal départemental de Dakar, Mrs Marty Diaw Sarr, President of the employment court of Dakar, Commissioner Léopold Diouf, director of public security, General Pathé Sech, High Commander of the police force, director of military law, Mr Amadou Moustapha Ndiaye Q.C., President of the Chamber of Notaries, Mr Ely Ousmane Sar Q.C., President of the bar at the Bar association, Mr Ibrahima Khalil Diallo, Professor, and Mr Ousseynou Sow, Executive Secretary of the AJBEF.
The Ohada: a model throughout the African continent
In a very well-received opening speech, Yacine Sene, president of the National Order of Enforcement Agents of Senegal and vice president of the UIHJ, thanked Mr Serigne Diop, Minister of Justice for his constant support in the reforms that concerned the profession in Senegal and the interest that he shows in the profession. The young African jurists are demonstrating their desire to put all their efforts into the vulgarisation of the uniform acts of the Ohada in an exemplary fashion. The Ohada treaty, declared president Sene, has been the object of emulation in the whole continent and this initiative could constitute a worldwide model. Africa should be proud of its achievements. Mrs Sene Q.C. insisted on the necessity of envisaging a uniform act for a standard status for enforcement agents in Africa and for transnational transmission and notification in Africa.
The Ufohja: unique in the world
Jacques Isnard, president of the UIHJ, talked emotionally about the first International conference of enforcement agents in Central and Western Africa, which took place in Dakar in April 1996. At the time, a thoroughly negative inventory was drawn up. A total disinterest in training was noted as well as the disheartening fact that nobody knew each other, even in cases where two countries were separated by the closest of borders. Thanks to the work of Yacine Sene, links were created and the circle grew with the passing years. Today the enforcement agents within the zone form a homogenous body even if there remain some minor statuatory problems to be settled. As for the Training Unit for Enforcement Agents in Africa (Ufohja), it is unique throughout the world. Given that it concerns representatives of the law, training must be at the heart of the preoccupations of the authorities in charge of the quality of the public justice system. Appropriate training was essential. This is why the Ufohja was created and has now been working for three years with a success that never ceases to grow and increasingly pressing demands.
An enforcement agent should inspire respect.
In his speech, Mr Serigne Diop, Minister of Justice, declared himself to be particularly happy to preside over this International seminar and to note that president Isnard had accepted Senegal's invitation to attend. You will encourage debate on the texts of the Ohada, he indicated, which is a positive initiative at a time when a policy is being established in the domain of justice and its institutions. The National Order of Enforcement Agents in Senegal has always been present alongside the Ministry of Justice. Mr Diop emphasised the interest that the President of the Republic of Senegal and his government has in the profession. An enforcement agent should inspire respect and carry out his functions in total safety. The Ohada zone represents considerable progress and constitutes a model that adds to the Minister of Justice. The policy of harmonisation concerns all the continents. He concluded by saying that the fact that all peoples share a common history is imposing itself more and more, after which he presented Jacques Isnard with the distinction of Officer of the national Order of merit, to everybody's surprise and pleasure.
High quality debates
Everyone appreciated the highly technical and expert nature and general quality of the debates which were organised in the form of dialogue with the conference hall. In as such they greatly encouraged enriching exchanges between the different countries present. Mathieu Chardon, member of the Committee of the UIHJ, dealt with the theme of seizure of bank accounts. The differences between the practices of different African countries were discussed and pinpointed and the difficulties concerning in particular enforceable seizures and seizures of goods to prevent sale were able to be resolved through this discussion. The problem of the responsibility of the banker in the event of a refusal to respond or an incomplete response constitutes the major difficulty confronting enforcement agents. Discussion with bankers participating in the conference enabled a better approach to the procedure to be taken. Incidents connected with seizure of property, the second theme of the seminar, was dealt with in a particularly extensive and complete manner by Mr Mamadou Diakhate, magistrate, director of Civil Affairs and Justice, and led to much debate which was only brought to an end by the constraints of time. The third theme, the exequatur and the transnational notification of acts, was addressed by Honoré Aggrey, permanent secretary of the UIHJ for the zone of Central and Western Africa and Bernard Menut, secretary of the UIHJ. Those attending the conferences were given exhaustive information regarding the difficulties encountered in this domain and the issues at stake for the enforcement agents acting within the zone. At the end of the day the participants were invited to attend a dinner during which they could continue their discussion on the themes covered during the conference, and relax in the convivial family atmosphere that epitomises the African enforcement agents.
