Lawyer
Hawa Sissay Sabally, the vice chairperson of the Constitutional Review
Commission (CRC) has explained absence of the much talked about ‘secularism’ in
the Draft Constitution, reminding that secularism was not even in the country’s
previous constitutions.
“The
Draft Constitution recognises and appreciates our values as a people of
diversity, collectively declares and affirms our duties and responsibilities as
citizens of The Gambia and our love and commitment to each other to foster and
promote national unity, cohesion and peace.”
The
veteran lawyer was speaking over the weekend in Banjul as members of the CRC
began a countrywide tour after releasing the first Draft Constitution last
month. The commission is seeking to afford Gambians another opportunity to
propose recommendations for incorporation into the final draft constitution.
“It
also affirms that every person in The Gambia, whatever his or race, ethnicity,
colour, creed, gender, language, religion, disability, political or other
opinion, national or social origin, property, birth or other status shall be
entitled to the fundamental rights and freedoms of the individual contained in
that chapter, but subject to respect for the rights and freedoms of others and
for the public interest,” Ms. Sabally explained.
On
the issues of freedom of conscience, she said that the constitution clearly
indicated that every person has the right to freedom of conscience, religion,
thought, belief and opinion, every person has the right, either individually or
in community with others, in public or in private, to manifest and practise any
religion or belief and that a person not be compelled to act, or engage in any
act, that is contrary to the person’s belief or religion.
The
issue of ‘secular’, she explained, has never been in our constitutions, adding
that there was even a case that was taken up to the Supreme Court, but the case
was later withdrawn. She added that before they drafted the constitution, they
made extensive research and read the previous constitution and reviewed some of
the cases that were related to the constitution and that there was no one in
the country or outside that asked them to include secular in the draft
constitution.
However,
if your suggestion is that it should be included in the constitution you could
write to the CRC so that when we are writing the final draft we will look at
it. “But to make it clear, the issue of secular was not in our previous
constitution.”
Justice
Cherno Sulayman Jallow, the chairman of CRC underscored the significance of the
forum, adding that it’s meant to give an opportunity to the people of Banjul to
critically look at the draft constitution with a view to enabling them
contribute before the submission of the final draft.
“I
want Gambians to critically look at the draft constitution so that they can
understand it. If you think something is in the Draft Constitution and should
not be included, your opinions are welcome or there is something that you think
needs to be included in the final draft.”
Louis
N. Mendy and Moses Sonko urged the CRC members to revisit the Draft
Constitution and ensure that secularism is included in the final draft.
Meanwhile, Muhammed Hassan Loum commended the
CRC for what he called their ‘brilliant’ job, concurring that secularism has
never been in the previous constitutions.
