By Alhagie O Camara
The Gambia stands at a critical juncture in its democratic journey, facing a choice between two draft constitutions that will shape the nation’s future. The 2020 Draft Constitution, crafted through extensive public consultations, embodies the aspirations of Gambians for a democracy rooted in accountability, inclusivity, and transparency. In contrast, the 2024 Draft Constitution, largely produced within the Cabinet, falls short in addressing these vital elements, leaning instead toward the consolidation of political power. This comparison will highlight the essential reasons why adopting the 2020 draft is crucial for the Gambia’s future and why rejecting the 2024 draft is necessary to prevent backsliding into undemocratic practices.
Key Differences Between the 2020 and 2024 Draft Constitutions
Human rights protections: expanding inclusivity and equality
The 2020 daft constitution strengthens human rights protections for marginalised groups, including women, children, the elderly, and persons with disabilities. It mandates gender balance and fair representation for all segments of society, a crucial step toward equality. This commitment aligns the Gambia with international human rights standards and ensures a foundation for social justice.
Conversely, the 2024 draft constitution dilutes these protections, diminishing the rights of vulnerable groups and reducing protections that should be fundamental to Gambian society. This shift away from inclusive rights is a move backward in addressing the diverse needs of all Gambians.
Why the 2020 Draft is better: the 2020 draft reflects a commitment to equality, dignity, and justice for all Gambians. Ensuring robust human rights protections is essential for fostering a society where everyone has the opportunity to thrive, promoting social cohesion and unity.
2. Anti-corruption framework: safeguarding integrity in government
The 2020 draft establishes a dedicated Anti-Corruption Commission with the authority to hold officials accountable for misuse of public resources. This Commission is vital for promoting transparency and addressing the public demand for a corruption-free government.
However, the 2024 draft either diminishes or eliminates the powers of the Anti-Corruption Commission, leaving gaps that could allow unchecked corruption. Without robust anti-corruption measures, public resources are at greater risk of being diverted from development needs and into private hands.
Why the 2020 draft is better: the 2020 draft’s anti-corruption framework establishes accountability as a central principle. Strong anti-corruption measures will not only improve governance but will also attract foreign investment by building trust in the government’s integrity.
Presidential term limits: preventing power consolidation
The 2020 draft enforces a strict two-term limit for the presidency, a vital safeguard against dictatorial tendencies. This limit ensures that no individual can monopolize power indefinitely, promoting leadership renewal and preserving democratic integrity.
The 2024 draft, however, includes provisions that could enable the current administration to pursue a third term, bypassing earlier commitments to step down after a specified term. By allowing potential extensions of tenure, the 2024 draft jeopardizes the democratic process and risks entrenching power in ways reminiscent of past regimes.
Why the 2020 draft is better: enforcing term limits is essential for a healthy democracy. A Constitution that prioritizes governance based on trust, not personal power, is necessary to prevent authoritarian rule. The 2020 draft’s term limits safeguard against overstaying leadership, ensuring a balanced distribution of power.
Judicial compensation and independence: maintaining justice free from political influence
The 2020 draft protects judicial independence by providing fair, adequate, and depoliticized compensation for judges, shielding them from potential financial or political pressures that could influence their rulings. This ensures that the judiciary operates as a separate, respected branch free from executive interference.
In contrast, the 2024 draft does not guarantee judicial compensation with the same clarity, leaving room for subjective interpretation. This could compromise judicial independence, as judges may be subjected to political influence or financial uncertainties that affect their impartiality.
Why the 2020 Draft is Better: A well-compensated and politically independent judiciary is critical to upholding the rule of law. The 2020 draft’s provisions on judicial compensation protect the judiciary’s ability to act impartially, ensuring fair justice for all Gambians.
Eligibility standards for presidential candidates: ensuring ethical leadership
The 2020 draft mandates that candidates for the presidency meet stringent qualifications, including a clean legal record. This provision disqualifies individuals with serious criminal convictions, helping to protect the office from individuals with histories that could undermine public trust.
The 2024 draft, however, relaxes these standards, allowing individuals with prior convictions to contest for the presidency. This approach threatens to diminish the ethical standards expected of national leadership.
Why the 2020 draft is better: high standards for presidential candidates ensure that those seeking the highest office possess integrity and a commitment to democracy. By setting these standards, the 2020 draft protects the Gambia from compromised leadership and maintains public confidence in the presidency.
Repercussions of Adopting the 2024 Draft Constitution
Adopting the 2024 draft could have far-reaching negative impacts on the Gambia’s society, economy, and stability:
Erosion of public trust: without robust human rights protections and anti-corruption measures, the 2024 draft risks alienating the public, reducing trust in the government, and leading to widespread apathy.
Increased Corruption: Weak anti-corruption provisions could encourage misappropriation of public funds, discouraging investment and stifling economic growth.
Weakening of local autonomy: the 2024 draft’s centralization of power undermines local governance, hindering regional development and discouraging community-driven progress.
Risk of authoritarianism: the lack of strict term limits and ethical standards could lead to extended rule by a single administration, reminiscent of the Gambia’s autocratic past.
Judicial vulnerability: a judiciary vulnerable to political influence would struggle to act as a check on executive power, eroding the rule of law.
The implications of remaining under the 1997 Constitution
Rejecting the 2020 draft has left the Gambia bound by the outdated 1997 Constitution, which lacks the necessary provisions for modern governance. Continuing under this framework subjects Gambians to a system without clear term limits, robust anti-corruption measures, or expanded human rights protections. The 1997 Constitution hampers the democratic growth that Gambians have long sought and remains an obstacle to true national progress.
Why adopting the 2020 draft would be transformative: embracing the 2020 draft would address the gaps that keep the Gambia from achieving its democratic aspirations. This Constitution, crafted through public input and aligned with contemporary governance principles, provides a strong foundation for building a more just, accountable, and inclusive society.
Call to Action: Championing the 2020 Draft for a Democratic Future
This is a defining moment for the Gambia. Adopting the 2020 Draft Constitution is more than a choice—it is a commitment to a democratic and prosperous future, where power is balanced, rights are respected, and governance is transparent. For the Gambia to break free from outdated governance models and fully embrace modern democratic principles, Gambians and National Assembly Members must come together in support of the 2020 draft.
If necessary, Gambians should be prepared to take a stand, even through nationwide demonstrations, to ensure that their voices are heard. A month of peaceful demonstrations, if required, could serve as a powerful statement of unity and determination, signalling to leaders that the public will not settle for a constitution that undermines democratic values.
This is our chance to break the cycle of political manipulation and create a governance structure that genuinely reflects the will of the people. Supporting the 2020 draft is about more than governance—it is about securing a just, inclusive, and resilient Gambia for generations to come. By rallying behind this Constitution, we have the opportunity to safeguard democracy, preserve our collective rights, and empower every Gambian to play a meaningful role in shaping our nation’s destiny.
