By Omar Bah
The National Human Rights Commission (NHRC) will on Friday hold a national stakeholder convergence to seek consensus regarding the 2024 draft constitution. The discussions will address concerns about the deep division on and opposition to the 2024 Draft Constitution.
The Gambia’s constitutional reform process has faced significant setbacks, particularly with the rejection of the 2020 Draft Constitution by the National Assembly. This draft aimed to replace the frequently amended 1997 Constitution and included key democratic reforms, such as presidential term limits and enhanced rights for marginalised groups. However, it failed to secure the necessary three-quarters majority, with only 31 votes in favor against 23 opposed, primarily due to concerns from ruling party members about limiting executive power and retroactive term limits for President Barrow.
Following its pledge to introduce a new Constitution to the National Assembly by December 2024, the Government on 14 August 2024 gazetted the 2024 Draft Constitution. The executive draft constitution has received mixed reactions from the public.
While some people think it is a testimony of the commitment of the Government to usher in a new Constitution, the 2024 draft constitution has sparked significant tension due to its perceived regression from democratic ideals.
Critics also argue that it undermines accountability and ethical governance by removing key provisions, such as the chapter on “Leadership and Integrity,” which aimed to prevent corruption and ensure transparency. The draft also restricts rights to petition and assembly, raising concerns about stifling dissent and eroding civil liberties. Many advocate for the adoption of the 2020 draft constitution, which emphasises inclusivity and robust human rights protections, as essential for safeguarding democracy in The Gambia.
Critics argue that the draft fails to address critical issues from the 2020 draft, such as the retroactive application of term limits and police independence, raising doubts about its approval in the National Assembly.
In a communique shared with The Standard, the NHRC said it is concerned about the deep division on and opposition to the 2024 Draft Constitution.
“The Commission seeks to engage all the key stakeholders so that the 2024 Draft Constitution does not suffer the same fate at the National Assembly as the 2020 Draft Constitution. In view of the above, the NHRC with other partners, is organising a two-day convergence on the theme: “Advancing National Consensus on the Draft Constitution 2024”, the NHRC said.
