The
Constitutional Review Commission (CRC) tasked by an Act of Parliament to review
the 1997 constitution and draft a new constitution for The Gambia has
disregarded the much talked secularism in the final draft constitution of the
Republic of The Gambia.
The
Gambia will remain a sovereign state if Gambians adopt the final draft
constitution through referendum.
However,
Chapter 1 (in sections 1 to 6) recognise that The Gambia is a Sovereign
Republic and a multi-party democratic state. A new provision has been added to
declare that The Gambia comprises people of different faiths, and each faith is
to be respected and treated fairly, without any discrimination.
Last
year in November 2019, the CRC released the draft constitution in order to
afford Gambians another opportunity to propose recommendations for
incorporation into the final draft constitution in which ‘secularism’ was not
included and it sparked huge controversy, especially on social media.
CRC
boss, Justice Cherno Sulayman Jallow, who was speaking yesterday during an
online press conference said in essence, section 1 of the draft constitution,
retains section 1 of both the 1970 and 1997 Constitutions by simply declaring
The Gambia as a sovereign republic.
“It
also retains section 100 (2) (b) of the 1997 Constitution which prohibits the
National Assembly, amongst other things, from enacting any law establishing any
religion in The Gambia as a State religion. Furthermore, section 12 declares
that culture and respect for ethnic and religious diversity is the foundation
of the nation and the cumulative effect of the Gambian people and nation.”
He
added: “Accordingly, the provision (amongst other things) obligates the State
to “recognise and protect ethnic and religious diversity of The Gambia in which
all faiths are treated fairly to ensure peaceful co-existence between all
ethnic and religious groups.”
The
draft constitution, he explained, contains 319 sections divided into 20
chapters and several parts. In the assessment of the CRC, the draft
constitution represents the generality of the wishes and aspirations of the
Gambian people.
He
said: “Each chapter addresses a different issue, although in some instances
certain chapters have a correlation with provisions contained in other
chapters. In order to ensure clarity and prevent inconsistencies, appropriate
sectional and cross references are made. The draft constitution is an
embodiment of the hopes and aspirations of the people of The Gambia.”
Justice Cherno Jallow thus maintained that
Section 49 (under Chapter VI) of the draft constitution guarantees freedom of
conscience, religion, thought, belief and opinion. “It has been modified to
ensure that an individual’s manifestation or practise of their religion is not
subject to interference by the State or any other person or authority. Under
section 88 (5) (b) (Chapter VIII), provision is made that the President cannot
exercise any power to establish any religion as a State religion.”
