Wishful
thinking – Questions soon arose amongst Gambians as to the validity and
rigidity of a written set of words, for, a constitution is a collection of
finely tuned words sewn together to provide both empirical & juridical
operational framework. From a legal aspect, it is safe to say that a
constitution entails much more than mere words - but binding statutes that
define and govern the overarching characteristic of state, as well as actions
of the state.
So,
it is no mean feat for any country mobilised on a ‘redraw’ from scratch, that
satisfy expectations of a divergent public, and the varying [political,
religious, economic] interests at play.
In view of publicised ‘’Constitutional Review
commission’’ (CRC) draft in flux, one wonders if the final draft will show
‘’preamble’’, an ever-present feature on the previous two versions. It would require an update though to reflect
current realities on major human right violations, including deviant sexual crimes
#NeverAgain.
I
would like to think that the drafters will include an explanatory written
Commentary to accompany the constitution’s ‘sacred’ text, shed glaring light on
ambiguities (if any), but clauses marked sacrosanct. These include term limits,
emolument clause, and confirmation hearings for high profile appointees to
certain [sensitive] state institutions, governors, as well as future
ambassadorial picks. And that any Gambian or foreign national gathered to be
issued with a diplomatic passport must be justified on legal grounds [inter]national
law mindful of national (security) interest. The Standards & ethics
sub-committee in parliament to scrutinise merits therein.
Fellow
Gambians - let us petition & pressure our government to uphold the highest
standards of governance. It is no wishful thinking saying The Gambia is NOT a
poor country to rely on foreign aid, nor does she lack ‘fresh’ talent dialled
on ethical, visionary leadership to advance its cause.
I
hereby remind the #CRC that a sense of disillusionment runs rife in the operational
arrangement of public parastatals. The recent audit report by Ernst & Young
(EY) has failed to bore any fruit despite adverse findings, and the high cost
to it. Again, despondency runs deep within Gambian towns and villages as
daunting economic realities price-out poor families from its fruits. That
reality is manifested in youths pouring onto our streets in the biggest
government program to date #Protests.
Honourable
Chairman Jallow - It is only right that instruments of oversight ‘’roadblocks’’
are inter-woven into the ‘new’ text in a deliberate effort to enhance checks
and balances within the bureaucracy. While the administration deserves credit
on the proposed ‘’Corruption commission’’, ‘REAL’ police reform is yet to
materialise. I beg your pardon to have observed the Structure, Skill, and Chain
of Command @ Gambia police is unfit; requires decentralisation into five (5)
local constabularies. Being the seat of power, the city of Banjul to have its
own (Metropolitan) police. Given a situation in simulation, the performance
& conduct of respective police authorities, each under a Commissioner, are
to be regulated by the national police authority. That way, monthly/quarterly
and annual crime data, and types of crime, perhaps, situational to geographical
location will be readily available to local/central government policy
decision-making. To have any lasting impact, sustainable development in The
Gambia ought to be evidence-based, accountable, and reflective.
The
issue with executive overreach, or corruption within the civil service is not a
Gambia problem, but affect all countries the world over. It is still worth
asking the question that if ours could be exceptional to the rule; given hired
officials sworn to serve honourably. A Nigerian once said to me, ‘you people in
Gambia should relax, chill, as he puts it, the amounts government-technicians
steal seems quite low, comparable to what obtain in his country.’ But just
because thievery has been institutionalised - Nigerians, somehow, appear immune
to its effect - does not make it any right, nor proper. Listen, public coffers
ought to be limited, except, lawful execution in the public/national
interest!!!
I
further appeal to the drafters to be little braver on appointments to certain
(sensitive) portfolios. The country shall designate certain cabinet ministerial
portfolios as extremely vital to national interest. The ministries of Finance,
Interior, Education, Health, Foreign Affairs, and Agriculture. Future
appointees to these sensitive posts should be carefully vetted, subject to
confirmation hearing by the parliamentary sub-committee.
Let’s
have a bill calling to amalgamate the two-tier education ministry under one
roof. It is incomprehensible, wasteful and foolish, as to what obtains. A tiny,
poor country as The Gambia should exercise prudence with public finances as
curb on bureaucratic waste. A single education ministry, having a sub-section
on high education will suffice.
To
further strengthen legislative scrutiny, an upper tier of parliament shall be
instituted to carry no more than twenty-five (25) ‘Senior Citizens’, who are
experts chosen from diverse fields across the development spectrum. These
persons shall include retired govt officials, doctors, agriculturists,
engineers, Journalists, former legislators, Muslim & Christian scholar
respectively, all of whom had served the country honourably. This Upper chamber
shall have NO law-making powers, but to preside & scrutinize over bills
passed in the national assembly. The proposed body shall be apolitical, neutral
- adding a wealth of experience & depth in the conduct of state affairs.
For
anyone following the impeachment trial of US president, Donald Trump, ‘’Abusing
the power of the presidency’’ charges …
I
suppose it allows to recall history see what the drafters assembled in
Philadelphia ‘’Constitutional Convention’’ had in mind. A few dozen years
later, a new generation of Gambians shall rise to preside over affairs. Well,
my friends, that should scare the soul enough into good – collective good - for
the precious little time have on this planet earth.
For
the National Interest:
Gibril
Saine
