Gambian president, Adama Barrow.
Photographer: Valery Sharifulin\TASS via Betty Images.
The Gambian government reports that it has carried out a review of the draft constitution that was presented by the Constitutional Review Commission (CRC) on March 30, 2020 and has decided, after a thorough deliberation, to re-gazette the Constitution for eventual tabling before the National Assembly.
The statement by the government said that the Draft will initially be gazetted for a period of three (3) months and subsequently for another ten (10) days as required under the 1997 Constitution. The Draft also sets out presidential term limits and puts the office of the president accountable.
“For the first time in the history of our Constitutional development, the draft introduces term limits for persons serving in the office of President and a mechanism of justice and accountability for atrocious crimes,” it stated.
The Gambian ministry of information, which put out the statement, said: “The draft, as it stands, reflects our national values and ethos, and is consistent with the existence of The Gambia as a sovereign independent republican State with a multi-party democracy premised on democratic principles with periodic elections based on universal adult suffrage.
“The draft also, by our established beliefs and values, recognises and acknowledges fundamental human rights and freedoms for all Gambians and non-Gambians alike.”
The draft constitution was released by the CRC in March 2020 after a two-year drafting process that included nationwide consultations with citizens, civil society, government, and political parties. The President gazetted the draft on May 28, 2020, for a period of three months after which the National Assembly would begin its review.
The process towards adopting a new constitution has been a costly exercise for the country. The hopes for significant constitutional change has kept Gambians expectant that the draft would soon become operable.
The politics of self-preservation of the recent past in the country, the undemocratic provisions in the frequently amended 1997 constitution and a complete disregard of the rule of law by the former president, Yahaya Jammeh, left Gambians with a desire for change.
The country had grappled with some important constitutional ideas, and debated several changes in parliament that were considered essential for the adoption of a document that would be acceptable to the majority.
These hopes were sadly dashed when the bill did not receive the requisite majority vote in parliament. 23 members of the Gambia’s 56-member National Assembly rejected the bill in its totality. For it to pass, it would have needed the approval of 75% of members.
The main concern of the parliamentarians, majority of whom were Barrow’s supporters, was that the new draft would not allow Barrow to stay in office.
When Barrow ran for the presidency in 2016, he had offered to serve just three years as a transitional leader, if elected, rather than serving the full five-year term of office prescribed in the constitution. At the time, he was the independent figurehead of an opposition coalition. He promised to organise fresh elections which he would not take part in. However, he went back on his words and went ahead to contest for a second term in 2021, running under his own registered political party, the National People’s Party (NPP).
The new draft constitution would have put strict limitations on the length of Barrow’s presidency, especially as a transitional clause stated that the incumbent’s current term would count towards their two-term limit.
A survey conducted in 2020 suggested that 66% of Gambians supported this provision, but many of Barrow’s supporters did not. An example was Saikou Marong MP, a staunch supporter of Barrow, who was reported as saying that he will not support any law that is applied retroactively. A cabinet paper was also submitted to the CRC arguing that the term of the president at the time should not count.
Given the broad consensus that there had to be a meaningful break with the political past to bring genuine and complete political reform, it would only take time for the country to reintroduce the draft.
Some of the key reforms in the 2020 draft include political inclusion of marginalised groups (including women, youth and people with disabilities). The Bill of Rights chapter now comply with international and regional human rights standards.
Some of the most significant changes include addressing the potential abuse of power by the country’s president by requiring confirmation of appointees to ensure that they meet the constitutional and any other requirements.
While the draft maintained the power of the president to appoint and remove the vice-president without consultation, the president is obligated only to appoint a person who meets the conditions established by the constitution.
Unlike the 1997 Constitution, the president will no longer nominate National Assembly members, which would increase the independence of members to defend the interests of their constituents.
The draft constitution also changed the procedure to appoint ministers and members of independent institutions. Every minister appointed by the president must be confirmed by the National Assembly.
Generally, the President provides a name to the National Assembly, which will assess if the person is fit to be a minister. This is an important development because the Assembly can ensure that persons are appointed on the basis of their abilities to perform public mission and not due to nepotism, political affiliation. The effectiveness of this provision, many say, would however depend on the independence of the legislature.
A report carried out by some civil society organisations say the draft constitution also includes chapters on national values and principles and on leadership and integrity, provisions that were not in the 1997 constitution. These provisions, many political analysts say, ensures a more robust political system in the country.
The re-gazette of the draft constitution indicates that the government has gone back to the drawing board. The commission’s amendment of the draft to resolve obstacles to a consensus seems to have cleared the path for the country to adopt a more inclusive political creed.
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