Lu
ñep bokka, kenna warukoo moomale boppam. (Whatever is publicly owned cannot be
usurped by an individual).
Mr
Chairman, thank you very much for introducing very important points in the
draft constitution. However, my contribution is centred on the non-inclusion of
the word “secular” in the draft constitution. Though there are entrenched
clauses that state that no one can declare The Gambia a religious country but
it would have been better and safer to maintain secularism as a reminder to
would-be troublemakers. Remember that three years ago (i) directives were given
for the removal of the Christian cemetery in Banjul; (ii) the name of the
country changed from Republic of The Gambia to Islamic Republic of The Gambia;
(iii) working hours changed; dress code for women changed including Christians;
etc. This decision rendered some Gambians second class citizens in their own
backyards. Ku Ndôbin rey sa maam; soo
seenee lu ñuul, dawal. (If your grandmother’s death was fore-shadowed by a bat,
you should run when a merle looms into view).
Consequently,
whether secularism was in the previous constitutions (1970 & 1997) or not
is not the issue. It is the purpose of it that matters. The CRC kept on
referring us to the Hon Kemeseng Jammeh vs the State Court case but you failed
to tell the public that what was challenged by Honorable Jammeh was the
procedure implored to amend the said section and NOT the secularity of The
Gambia. Moreover, most of you are familiar with these issues. Remember three
years ago this same country called The Gambia was declared an Islamic state and
that declaration had implications in the lives of certain citizens. The 2015
declaration constituted a real trauma in many people both Muslims and
Christians. The non-inclusion of “secular” in the draft is reviving that sad
moment in many people because they had high hopes in your commission. The CRC
is now challenged to use all opportunities to close all the potential loopholes
in the constitution in order:
1. To avoid the recurrence of any Jammeh’s
type of declaration of an Islamic state or anything close to that: there will
be no state religion and The Gambia will not be declared a religious country.
2. That state resources are equitably
shared among all citizens without any direct or indirect discrimination based
on religion.
3. That public officials do not use state
resources and/or their offices to propagate a particular faith.
The
Republic knows no religion but citizens (Gambians). Let’s continue to enjoy the
harmony that has always existed in this nation because we are all brothers and
sisters in one Gambia. Let us not use anybody’s dictionary to define us. We can
clearly define who we are and what we want. As I stated earlier on secularism
will not stop anybody from practicing his/her faith. What we are saying is to
take out religion from the offices. We are asking for the neutrality and
separation of the state and religion. Why do we need the state to help us
propagate our faith? Let’s leave that to
The Gambia Christian Council, The Supreme Islamic Council and any other
religious council. I refer you to Maria Saine’s definition of secularism and I
hope it addresses your concerns: “Secularism is the legal assertion that a
State remains neutral as it relates to religious matters. The state does not
adopt any religion as its religious representation and more importantly, there
exist a clear separation between government institutions and religious
institutions. […] It is also strongly recommended that the practice of
secularism protects and promotes government administration to function on the
basis of rational discourse rather than religious dogma.” Maria Saine, February
1, 2019 in “Constitutional Review in The Gambia: Contemporary Discussions.” It
is crystal clear that secularism will not stop anybody from practicing his/her
faith. For us advocating for the inclusion of “secular” in the constitution we
know very well that secularism is not atheism. We are asking for the neutrality
and separation of the state and religion. We do not want state officials to use
their position/office to propagate their faith. Take religion out of the
office. Christian Council and Supreme Islamic Council can do that job because
that’s their mission. Government should not take over their role. Once again,
we are all brothers and sisters in one Gambia that knows no religious
discrimination. If our neighbour Senegal can be SECULAR and people are
practicing their faith without any problem, I do not see why The Gambia that
shares the same socio-cultural and geographical realities with that country
would be a dangerous terrain if we demand a fair and just treatment of all
citizens irrespective of their faiths.
The state should not be used to propagate a particular faith. In a republic,
all citizens are equal before the law.
Therefore,
as I stated earlier on, secularism will force everybody to act in a just manner
when dealing with citizens: no discrimination at all level. You do not use what
belongs to everybody and give it to a particular religious group. All must be
treated with equity.
Based
on the above, I respectfully ask the CRC to execute their mandate as enshrined
in the Constitutional Review Commission Act 2017: « In carrying out its
functions under subsection (1), the Commission shall […] safeguard and promote
[…] The Gambia’s continued existence as a SECULAR State [in which all faiths
are treated equally and encouraged to foster national cohesion and unity].»
page 5, Functions of the Commission. Let the LAW be applied for a peaceful
Gambia.
I
encourage the CRC to join me in defining GREATNESS as having the might to
conquer and yet you decide to restrain yourself that all may live in peace and
unity.
For
The Gambia to develop, we need to learn from History and other people. Mr
Chairman, the future of The Gambia is into your hands. But remember, you have a
rendez-vous with History and it will one day give its verdict and I hope and
pray it will be favourable to all the Commission members. It is up to you to
build or break The Gambia.
Yours
in the service of The Gambia
Professor
Pierre Gomez
