political and social analyst, rights advocate
The Press Conference by the Minister of Justice Dawda Jallow and his peer Minister of information Dr Ismaila Ceesay on the public outcry of their “Amended Draft Constitution 2024” namely “The Adama Barrow version” held on the 28th August, 2024, showed that President Barrow is taking advantage of the political leniency manifested by the Gambian electorates on his administration from 2016 to date. The Minister of Justice states during his press conference introduction that “the constitutional Bill 2024 is a step by the Government of The Gambia to strengthen democracy and entrench the rule of law after decades of authoritarian rule”.
How can the draft constitution 2020 that failed to pass in parliament in 2021, be amended to become the Amended Bill 2024? The public believe that the draft constitution 2020 has been tailored to become the Amended Draft 2024 by the Barrow administration only to cling onto power contrary to the wishes of the people expressed in 2016. The changes were not transparent as the media, CSOs and political parties were not openly consulted as the MoJ claims. It is ironic that the Minister name a lot of people in the international organisations present in the Gambia as stakeholders. These international organisations are our partners in development but not citizens of the Gambia who could decide on behalf of the citizenry as stakeholders.
The review and amendment exercise to promulgate the Amended Bill 2024 in replacement of the 1997 Constitution and the ongoing gazette process to introduce in parliament after mid November 2024, for a referendum is not in accordance with the 1997 Constitution of the Gambia. Section 226. Alteration of this Constitution (1) Subject to the provisions of this section, an Act of the National Assembly may alter this Constitution. (2) Subject to subsection (4), a bill for an Act of the National Assembly under this section shall not be passed by the National Assembly or presented to the President for assent unless—(a) before the first reading of the Bill in the National Assembly, the Bill is published in at least two issues of the Gazette, the latest publication being not less than three months after the first, and the Bill is introduced into the National Assembly not earlier than ten days after the latest publication.
An Act of parliament for the review should have been in place to mandate and outline the process before it started after 2020 as the Constitutional Review Commission Act 2017 was discontinued less talk of the Consultation process was mostly behind closed doors. On completion of the Amended Bill 2024 by the Executive and its selective participants, it was announced on a letter dated 14th August, 2024 to be on gazette from this date for a period of (3) months and subsequently for another (10) days as required by the 1997 constitution on their letter. The Executive drafters after copied and pasted the Constitutional Review Commissions Draft 2020 which they widely criticised for plagiarism and amended as suitable for the Barrow administration, introduced as a new bill labelled “Re-gazetting of the draft constitution for public review and tabling before the National Assembly as if a continuation of the discontinued CRC draft.
This Barrow’s Drafted version named “(Promulgation) Bill, 2024 A Bill For An Act to promulgate the Constitution of the Republic of The Gambia, 2024 and repeal the Constitution of the Republic of The Gambia, 1997 and for related matters. Enacted by the President and the National Assembly. This Bill may be cited as the Constitution of the Republic of The Gambia (Promulgation) Bill, 2024”. This statements, in contradictions, to the CRC Act 2017, The Executive could not clarify whether is a new beginning for new constitution or a continued process of the CRC 2020 draft which in any case is not in line with the rule of law.
During the press conference, Minister Jallow sought to mislead the public with unjustified clarifications as to why this unconstitutional constitution building impasse. His lack of clarity did make matters worse, chaotic and contradicting to his initial introductory remark. The minister struggled to put together the points as they were merely a statement to read but not well thought off. Despite the two Ministers attempt to keep it progressive, acts of discontent on the Amended Draft constitution 2024 persists throughout the questions time which simply signaled the craving for the 2020 Draft Constitution.
The Constitutional Review Commission conducted consultations with Gambians at home and the Diaspora leaving no one excluded with a mandate by the National Assembly the CRC Act 2017 and costed over D116 million. The Ministers defended the crafting of the Barrow’s 2024 version but did not justify through which mandate was the amended draft 2024 be promulgated. Minister Jallow stated the miscalculation on their side on the promise of a possible referendum by December, that put them in the indefensible situation leaving him wide open to more critics.
The 2020 Draft constitution had some contentious issues such as the Secularism, dual citizens in elected office, citizenship by naturalisation, reduced executive powers, retroactive term limits of the president. However, the executive after three years made many changes in the draft constitution 2020 that caused public outcry. According to a recent survey by Centre for Research and Policy Development, 67% of Gambians prefer the Draft Constitution 2020, 71% wants a new constitution to replace the 1997 constitution, 86% wants a term limit and majority said not more the two terms, 24% wants the 1997 which in my recollection was amended 5 times in the 22 years of AFPRC/APRC.
It should be noted that, this sample research did not only reflect the failure of the Adama Barrow’s Amended Draft 2024 version before the end of its untimely and unconstitutional gazette, according to the 1997 Constitution section 226 but also the fall of the National Peoples Party with or without term limit. This Amended Draft 2024 do not meet the aspirations of the Gambian people and do not meet the standards of modern democracies. The main commonalities in the two draft constitutions that the people want are the 50+1% to win for the presidency and the term limit among the most contentious issues.
In 2016, 60% of the voters did not vote for Former President Jammeh, Gambians removed Jammeh without a constitutional term limit and for over 50 plus one percent to win. All it took was Gambians forming a formidable force and unseat him democratically. Since the beginning of Barrow’s presidency, he renege from election agreements in a bid to stay forever with unlimited powers. President Barrow often reference the late Sir Dawda Jawara’s 30 years and former President Jammeh’s 22 in power.
According to The Point Newspaper, the Gambia was among the West African countries who signed for a two terms limit in Accra April 2022 regardless of a Constitutional provision. This commitment I wish he uphold and take the position of the “Father of the Nation” on his own accord given that, base on scientific realities, the votes are not in his favor.
President Barrow should not take Gambians for granted, and must advise himself of the recent political instabilities that happened in Africa particularly in Senegal and Kenya. A two-term limit of five years each term with retroactivity should have never been an issue for president who promise to stay for three years.
In my view, the constitutional review process by the executive did not comply with the principle of good governance which includes transparency, accountability, respect for rule of law and citizens participation. The amended draft 2024 is predominantly self-perpetuating.
