By Tabora Bojang
In a rare public comment on the Gambia’s troubled constitutional building process, Chief Justice Hassan Jallow recently called for a change of strategy in the search for a new constitution to provide an effective legal framework both for now and for future generations in promoting good governance, peace and progress.
Jallow made these comments in a lecture he delivered at the second edition of the Sir Dawda Kairaba Jawara Pan African Lecture, organised by the Kairaba Conservation and Leadership Organisation (KAIRACULO) at the International Conference Centre.
CJ Jallow further noted that since 2017, the country tried but failed twice to adopt a new constitution due to apparent lack of consensus on certain critical elements of the draft. “We must not give up, but perhaps we should change strategy. We must not throw out the baby with the birth water. Undoubtedly, there are several important aspects of both the 2020 and the 2024 draft constitutions on which there is consensus. We should identify and focus on those areas of agreement, and not the areas of disagreement,” CJ Jallow advised. He added:”We should then proceed with amendments to the 1997 Constitution perhaps more conducive to agreement on the matters that presently divide us. In that way, we will make progress in securing a constitutional framework that embodies many of our aspirations for strengthening democracy and good governance in The Gambia.”
But he warned that in order to better secure the country’s democracy, there is a need to further strengthen and improve on the efficiency of national oversight institutions such as the Judiciary, National Audit Office, Ombudsman, National Human Rights Commission and the National Assembly.
“Political pluralism requires the removal of unnecessary bottle necks and unreasonable conditions which impede the participation of the citizens in the public affairs of their country. We must continue to promote integrity and probity in public life and ensure accountability from those entrusted with state authority and those who wield state power. Sir Dawda made this an important element of his governance, particularly at the top echelons of government,” CJ Jallow, who served as minister of justice in the Jawara government for ten years, stated. He said during his tenure, Sir Dawda required every holder of ministerial office to declare his assets and to divest him or herself of any assets whose management could lead to a conflict of interest. “This policy, although given little publicity, was strictly enforced and adhered to,” the chief justice said.
According to him, the country has not always had a successful experience with accountability mechanisms, many of which since 1994 became political weapons, rather than genuine instruments of accountability.
“Our current experience with the implementation of the TRRC report underscores very pointedly some of the challenges and pitfalls which we need to guard against in the struggle for probity and accountability. In this regard we welcome the recent coming into force of the anti-corruption legislation and the nomination of the members of the Anti-Corruption Commission. We look forward to an effective, efficient, just and fair process for combatting corruption and promoting integrity in the public service,” CJ Jallow said.
He maintained that corruption and the abuse of administrative power are recipes for undermining the state, frustrating development and eroding public confidence.
Jawara’s legacy
Chief Justice Jallow spoke highly of the achievements of Sir Dawda who , he said, firmly established The Gambia as a respected member of the global community for good governance, the rule of law, respect for human rights and fundamental freedoms and generally promoting peace, justice and progress.
“Sir Dawda’s leadership inspired us and indeed enabled us to prove the skeptics wrong. Development is of course a continuing never-ending process with no end and challenges continue to confront us in several spheres. But all who experienced the colonial and early post-colonial era as well as all other objective observers will recognise the tremendous progress The Gambia has made in all areas in the period of Sir Dawda’s leadership. Jawara and his government and the people of The Gambia working together and inspired by the values of commitment, integrity, vision, modesty that so characterised the earlier generation of Africa’s leaders, did indeed take this country very far from the very modest means and conditions prevailing on the 18th of February 1965,” Jallow said.
He revealed that at a time when dictatorship, one party rule, violations of human rights in the name of national unity and progress seemed to be the order of the day in many states, Sir Dawda, almost alone amongst his peers at the time, except Botswana and Senegal., stood for a different philosophy and policy of governance. “He stood for and made The Gambia known for good governance based on respect for the rule of law, respect for human rights guaranteed by our Constitution, the independence of the judiciary, political pluralism and democracy with the regular holding of free and fair elections,” CJ Jallow reminded his audience.
Recounting his own experience as a member of the Jawara government, Jallow said the many interactions he had with the late president both at the State and party levels, have made him realise that that fairness, justice, respect for the law and human rights were strong personal tenets for Sir Dawda, not for political expediency but a deep belief and commitment in them.
“Jawara believed that development is a comprehensive concept and process that embraces not only material aspects but particularly all those other non-material things which maintain and enhance the dignity of the human being,” the chief justice concluded to a rapturous applause from the distinguished audience.
