By Omar Bah
A Swedish MP of Gambian ancestry, Momodou Malcom Jallow, yesterday told The Standard that the amendments made to the 2020 draft constitution will not only undermine the progress made in recent years towards strengthening democratic institutions but also pose serious threats to the future of governance in The Gambia.
The executive’s decision to make unilateral changes to the recently gazetted 2024 draft, deviating from the consultative approach adopted by the CRC sparked widespread concerns and criticism from civil society, activists, and concerned citizens.
In 2020, a handful of 23 lawmakers sympathetic to Barrow killed the CRC draft on arrival on the house floor, alleging it was discriminatory against the President.
Commenting on the issue, MP Jallow said the changes introduced by the government in the 2024 draft constitution mark a concerning departure from the aspirations of the Gambian people for a democratic society characterised by good governance, accountability, and the rule of law.
“The process of constitution building is a critical exercise in establishing the foundational legal framework for a nation. It is an opportunity to address the historical, social, and political challenges of a country and to lay the groundwork for a future based on democratic principles, the rule of law, and respect for human rights,” he said.
Jallow said the removal of the chapter on “Leadership and Integrity” is perhaps the most glaring regression in the 2024 draft.
“This chapter was designed to ensure that public officials understood their role as custodians of public trust, with clear standards to prevent conflicts of interest and ensure transparency. By eliminating these provisions, the government has effectively lowered the ethical bar for public office, opening the door to unchecked corruption and abuse of power. This undermines the very foundation of democratic governance, which relies on the accountability of leaders to the people they serve,” he added.
He recommended that the National Assembly reinstate the Chapter on Leadership and Integrity in order to align with international standards of good governance.
Civil liberties
Jallow said the reversion to a 72-hour detention period following arrest, as opposed to the 48-hour limit proposed in the 2020 draft, is a clear step backward in protecting individual rights.
“Extended detention without charge increases the risk of arbitrary detention and abuse by law enforcement. This change signals a troubling willingness to compromise on civil liberties, which are essential to the functioning of a democracy that respects the dignity and rights of its citizens,” he noted.
The protection of fundamental human rights and civil liberties, he added, is a cornerstone of any democratic constitution.
“The constitution should guarantee civil, political, economic, social, and cultural rights for all citizens, with mechanisms in place to ensure their enforcement.
The Gambian constitution should include robust protections for civil liberties, as outlined in international human rights treaties to which The Gambia is a party. These rights should be non-negotiable and should include the right to life, freedom of expression, freedom of assembly, and the right to a fair trial, among others.
Centralisation of power
Jallow said the removal of the chapter on decentralisation and the reduction of financial autonomy for local governments are deeply concerning.
“Decentralisation is crucial for ensuring that governance is responsive to local needs and that power is not concentrated in the hands of a few.
By centralising authority, the government is moving away from inclusive governance and reducing the effectiveness of local administrations. This shift could lead to increased bureaucratic inefficiencies and a disconnect between the government and the people it serves,” he added.
Jallow said the National Assembly should restore the provisions on decentralisation and financial autonomy for local governments.
