Following
the publication by the CRC of the Draft Constitution, a large number of the
Gambian population (including other stakeholders) have been actively engaged in
various discussions concerning its provisions. The CRC welcomes the level of
interest and debate on the provisions of the Draft Constitution and the CRC
wishes to assure all persons concerned that the views they’ve expressed to the
CRC, either through its public consultation process or through written
submissions, will be duly considered in finalizing the Draft Constitution. The
Draft Constitution, at this stage, has been published merely to solicit public opinion
regarding its provisions. In that context, the CRC appreciates all the
constructive criticisms and the suggestions made to help improve and finalise
the Draft Constitution.
However,
the CRC has discovered, through its public engagement process during the public
consultations, that there are persons that have been spreading misinformation
regarding certain provisions of the Draft Constitution. This might have been
through inadvertence or a lack of understanding and appreciation of the true
picture of the provisions concerned. It is therefore considered important that
the CRC revisits the Gambian communities to better explain the provisions
concerned so that citizens are aware of the true picture and to disabuse their
minds of the misinformation that is being spread.
Citizens
of The Gambia should take note that the assignment given to the CRC to review
the current 1997 Constitution to write a new one is designed purely for the
interest and greater good of The Gambia. There is no hidden agenda in the execution
of this assignment and the CRC is guided essentially by the provisions of the
CRC Act of 2017. In that regard, the CRC has sought and considered opinions
expressed by citizens and other stakeholders during the initial public
consultation phase using different platforms to afford every Gambian the
opportunity to contribute to the Constitution-building process.
Accordingly,
in preparing the Draft Constitution, the CRC factored in opinions expressed by
citizens and other stakeholders as considered appropriate. In addition, the CRC
has considered the provisions of the current 1997 Constitution and has retained
those provisions it considered legitimate and which aligned with overwhelming
public opinion, while modifying some. Furthermore, the CRC has considered
regional and international treaties to which The Gambia is a party in order to
establish The Gambia’s legal obligations which require being enshrined in the
Draft Constitution and those which may be dealt with by other means (such as
statute and policy). The CRC has also looked carefully at matters that
constitute international best practice to warrant inclusion in the Draft
Constitution. Finally and pursuant to the CRC Act of 2017, the CRC has taken on
board during the preparation of the Draft Constitution, the national values and
ethos of The Gambia.
The
CRC Constitution-building process has been open and transparent; nothing was
carried out in the dark. It has thus far kept citizens abreast of developments
concerning the preparation of the Draft Constitution, through its partners in
the media who have performed creditably well in informing the Gambian
communities about the work of the CRC.
Areas
to Note
The CRC would like the Gambian community to note the following matters:
1.
The development of a new Constitution for The Gambia is a national effort and
citizens should use their individual and collective endeavours to help with
that development process;
2.
The views and opinions canvassed with the CRC will be carefully considered and
embraced as considered necessary;
3.
It should be noted that it is not all opinions that can necessarily be included
in the Draft Constitution; the ultimate aim of the Draft Constitution is to
represent what is in the best interest of The Gambia – for peace, national unity,
national cohesion and national development for today’s generation and future
generations;
Areas
of Clarification
On
the specific areas of clarification on the Draft Constitution, the public is
advised to note the following:
(a)
Section 1 (1) on the Republic: fierce debate is raging on whether or not the
word “secular” should be included in the Draft Constitution. The CRC welcomes
the opinions being canvassed in this regard, but cautions against the religious
undertones and sometimes misleading statements designed to engender fear. All
communities, especially leaders of all faiths, should exercise restraint and
tolerance and respect other people’s views without acrimony or vilification;
(b) Section 52 on the right to marry: this
section does not in any way establish or advocate for marital relationships
based on conduct that is considered to be unnatural between a man and a woman;
the section does not make provision for homosexuality or other form of
sexuality considered not to be in accordance with the values and ethos of
Gambian society. It should also be noted that the Criminal Code criminalises
homosexuality. Nonetheless, this section will be considered for any possible
ambiguity to ensure better clarity;
(c)
Section 209 (3) on the appointment of Alkalos: this section empowers the
Minister who is assigned responsibility for Local Government matters to appoint
an Alkalo in accordance with established traditional lines of inheritance.
Considering that traditional lines of inheritance may differ from village to
village with respect to the appointment of an Alkalo, it is obvious that a
specific public functionary must be given the power to effect the appointment
of an Alkalo. However, the Minister, in making any appointment of an Alkalo,
must follow the tradition of the village concerned for succession to the office
of Alkalo. The Minister cannot simply appoint whoever the Minister wants; the
Minister is constrained by the relevant tradition that obtains in the village
concerned. It is therefore inaccurate for any person to state that the Draft
Constitution gives the Minister the power to select and appoint any person the
Minister wants as an Alkalo. Any appointment has to be based on the traditional
lines of inheritance: if, for example, the tradition is that a son or brother
succeeds an Alkalo automatically, then that is the tradition that must be
followed; if the tradition is that village elders or yard owners meet to decide
or confirm who should be appointed as an Alkalo, then that is the tradition
that must be followed; if there is another method of succession to the office
of Alkalo, then it is that other method that must be followed. If there is a
method to resolve within a family who should succeed as an Alkalo, then that
method must be followed to select and appoint a new Alkalo. If a person
succeeds or is selected to succeed in the office of Alkalo in accordance with
any particular method of succession, the Minister is bound by that method and
must, therefore, make the appointment in full compliance with that method.
Conclusion
Citizens
are cautioned against falling prey to misinformation. The CRC implores Gambians
to remain steadfast and focused, and united in purpose, in building a new
Constitution that well serves the current generations of citizens and those yet
unborn.
