Let
me first of all express my heartfelt congratulations to the CRC for producing a
robust, positive and forward looking final draft constitution within the
time frame provided to them. In that same regard Pres. Barrow and his Justice
Minister deserve commendation for setting up the CRC and allowing them to do
their work without any interference. This final draft constitution is indeed an
exemplary Gambian success worthy of celebration.
This
draft constitution is one of the most explicit, innovative and progressive constitutions
in the world for which I will not hesitate to vote YES in the forthcoming
referendum. Having upheld and guaranteed the Gambia as a democratic republic,
the draft went further to set up series of new accountability institutions,
enhanced processes with effective checks and balances and expanded citizen
rights on one hand and State obligations on the other hand.
Furthermore,
the draft opened most chapters with general principles and standards to define
relationships, obligations, terms and functions of institutions, authorities
and persons in charge of those institutions. This is quite innovative and
necessary so as to inform and guide at the first instance the expectations of
citizens about those institutions and the overall goal of those institutions
themselves. This will help to remove ambiguities as well as empower citizens to
understand what these institutions are for and how to engage them.
Not
only has the draft constitution strongly guaranteed our civil and political
rights but it went further to also guarantee our social and economic rights.
Without social and economic rights then our civil and political rights are
meaningless and vice verse. For example, after we enjoy our freedom of
expression and the right to vote and to protest if we cannot at the same time
make sure we enjoy the right to food, housing and healthcare as well as
education or electricity and employment among other social and economic rights
then our citizenship has no meaning.
By
recognizing our cultural rights, the draft constitution therefore enables us to
practice our cultures, religions and beliefs as we deem fit without harming one
another. This allows for creativity, peace building and national unity. At the
end of the day human beings are cultural beings just as they are political
animals. Furthermore, the draft constitution recognizes the equality of men and
women as well as the equal citizenship of persons with disabilities where sign
language is recognized as part of the languages of the Gambia. The draft indeed
provides for an equal and just society.
In
terms of the rule of law and good governance systems the draft has indeed set
up all the necessary governance institutions to ensure the protection of human
rights, guarantee accountable leadership and provide the space for sustainable
development. The draft has put in necessary checks and balances to restrain
political power and distribute power in such a way that no one authority or
person would wield undue power over all others. In fact, no one person can
serve as president for more than 10 years! This is indeed the hallmark of a
democratic republic where the State is reasonably restrained while sovereign
power remains with the people.
With
this final draft the Gambia has a formidable, pragmatic and clear mechanism to
ensure not only good governance and sustainable development but as part of
that, to also limit, if not eradicate abuse of power, corruption and
inefficiency in the public sector particularly.
On
the issue of secularity, the CRC did extremely well to strike a balance that
addresses all of the issues and concerns of both sides of the secularism
divide. It has therefore introduced a set of new provisions that indeed should
satisfy all citizens that indeed the Gambian State protects all religions and
neither favours nor discriminates any. Here are those provisions:
Sections 1 (3) – guarantees equal respect and
fair treatment of all faiths
Section 5 (4)(d) – recognizes each and every
culture and religion as a source of national pride and unity
Section 12 – recognizes each and every culture
and respect for our ethnic groups and religions as the foundation of our nation
and our collective civilization
Section 49 – recognizes and guarantees freedom
of religion and the right to practice one’s religion privately or publicly
without discrimination and interference from either the State or any other
person
Section 88 (5) (b) – prevents the President
from having any power to establish any state religion
Section 153 (2) (b) – prevents the National
Assembly from establishing any state religion
These
sections are so progressive that everyone will fine space to live in peace and
security. They have avoided the contentious word ‘Secular’ yet raised the
fences high enough to ensure that no religion or believer will ever be
victimized or discriminated on account of one’s faith. Above all they have
created strong fences that prevent any authority to declare a state religion.
Yes,
not everyone will agree with every provision in a constitution. This point was
made very beautifully by both the CRC Chair Justice Jallow and the Justice
Minster Tambadou. If I could I will change some provisions. But indeed, by and
large this draft is a constitution that is a very good start in building the
Gambia we want. It is far better than the current 1997 Constitution and many
others around the world!
A
constitution though, no matter how well written and lofty its ideals are, only
becomes constructive and productive and serves its society well when citizens
live the ideals of that constitution. Therefore, so long as Gambians – as
citizens and the State – do not consciously, deliberately and purposefully
embrace and implement its provisions in full we will not benefit from the great
ideals, values, standards and objectives of the constitution. Therefore, this
final draft when it becomes the approved constitution will become as good as
how far citizens embrace and implement it.
Having
said that let me once again express my heartfelt congratulations to the CRC –
its Chairman Justice Jallow and all his Commissioners and staffs for their
incredible work. If there is one thing that makes me proud of the Gambia it is
the CRC and the work, they just did. Indeed, they have provided to Gambians a
tool and a roadmap which has all the potentials and opportunities to usher this
country into a third republic that could transform the country into a highly
democratic and developed society within out lifetime.
Therefore,
let me begin my ‘YES Campaign’ from this moment to say ‘Let us join together to
vote YES in the referendum’.
For
The Gambia Our Homeland
