By Omar Bah
A report published by the Institute of Security Studies ISS, has recommended that Ecowas request for assistance from the United Nations and African Union in Gambia’s constitutional building process.
“Ecowas should involve the AU and UN. All three organisations helped launch The Gambia’s stabilisation process in 2017. They now need to support the adoption of a new constitution – an essential requirement for the security and judicial reforms necessary for the country’s stability,” the report published yesterday added.
Eight years ago, Ecowas helped end over two decades of dictatorship in The Gambia, setting the stage for the country’s transition to democracy.
According to the report, today, Ecowas’ active support remains critical to stability in The Gambia.
“At the core of the country’s transition and stabilisation is revising the 1997 constitution to enable important institutional reforms that will redefine The Gambia’s politics and governance frameworks. This process is also key to the country’s security sector reform and transitional justice efforts, particularly in meeting the needs of victims of Jammeh’s rule.”
But although the political and civil spaces have become less restrictive under Barrow’s administration, the report added, constitutional reform remains elusive.
“The revised constitution is silent on whether or when the presidential term limits clause will apply to Barrow.”
It added that disagreements among political actors persist over the new draft constitution.
The National Assembly rejected the draft in 2020, resulting in a five-year stalemate. The government published a revised version in August 2024, which has been criticised by opposition parties and civil society.
Dubbed the ‘Barrow Constitution’, it is silent on whether or when the clause on presidential term limits will apply to Barrow.
Unlike the 2020 version, the latest draft strengthens executive power by removing clauses requiring parliamentary approval of ministerial nominations and appointments to key state institutions. The draft retains presidential power to appoint five National Assembly members.
According to the report, Gambia’s political actors and civil society representatives told the Institute for Security Studies they believed the latest draft would make Barrow eligible to run for two more terms. “These are in addition to the two he would have already served by 2026, when the next presidential elections are due.”
The report added that although the draft received its first reading in the National Assembly on 23 December 2024, and a second is being prepared for next month, there are real risks of rejection.
It added that the main opposition United Democratic Party has vowed to vote it down.
“These entrenched positions necessitate a reactivation of Ecowas involvement. As a key supporter of Gambian stabilisation efforts, the regional organisation could relaunch its mediation efforts led by former Nigerian president Goodluck Jonathan.”
According to ISS, beyond failing to adopt a new constitution, The Gambia has struggled to register real progress towards transitional justice.
“The Truth, Reconciliation and Reparations Commission report recommends prosecuting individuals for human rights violations and international crimes committed from 1994-2017, and providing reparations for victims.”
“A few convictions and sentences have been handed down through Gambian courts, including that of former local government minister Yankuba Touray for ex-finance minister Ousman Koro Ceesay’s murder. Yet Gambian law does not provide for prosecutions of crimes with international dimensions – a lacuna that could be addressed with external support.”
