On Monday 7 July this year, out of the 56 members of the National Assembly, 35 voted in favour of the 2024 Draft Constitution, while 21 mainly from the opposition United Democratic Party(UDP) and independent MPs voted against it.
It would be recalled that the draft constitution was first rejected on the 23rd of September 2020 with 31 voting in favour and 23 against it. A total sum of one hundred and sixteen million dalasis (D116 million) was spent. When it comes to referendum at least 75% should vote yes.
Mr President, it is important to state here that despite the promise of the New Gambia, the country still operates under the 1997 Constitution - a legal relic of dictatorship, designed not to empower the people, but to concentrate on power.
Responding to demands for greater reform and the ever-changing political dynamics taking shape, we saw the need for the country to get a new constitution that will meet the aims and aspirations of all.
Following series of stakeholder consultations, including opinion leaders and those at the grassroots, a new democratic constitution was drafted, debated, and ultimately discarded. This has come at a time when there is a growing call for the country to reform its electoral system — the long-awaited Electoral Bill has now collapsed. This signals a dangerous regression at a time when we should be consolidating democratic gains.
Mr President, to put the record straight, the 1997 constitution was amended 52 times and did not reflect the aspirations of Gambians. These amendments were done to have a document that would serve the interest of all. It is true that no constitution anywhere in the world is hundred per cent perfect. In many constitutions, there exist some loopholes and challenges. However, the beauty and fact of the matter is that it is intended to serve the greater good of the population.
Mr President, amid rejection of this draft constitution, there is a need for greater dialogue among our political stakeholders, rights activists, religious leaders, civil society organisations, representatives of The Gambia Bar Association and The Gambia Press Union to find a lasting solution.
Political stakeholders need to reason that a significant amount of money was spent in drafting this document. This money could have been utilised on something else useful. Now, it appears wasted leaving us at a standstill.
Mr President, the constitution contains the most important rules of our political system. It is a fundamental pillar, as it captures supreme laws that govern a nation, providing key ingredients in governance, strengthening rule of law and respecting human rights.
In addition, it is a document that should serve the greater good of the populace. It is high time our politicians set aside their personal interests and put the nation's interest first.
We should get a new Constitution and not a political document; a constitution that truly reflects the aspirations and values of the citizenry. To save time and money, we can amend the 1997 Constitution and insert some important elements into it such as term limit to prevent autocratic rule. And to be elected as president, one must get 51% of the votes. It should also capture clauses that will give automatic citizenship to children born on Gambian soil; voting right for people in the Diaspora, and the abolition of all draconian media laws.
Mr President, many countries around the globe nowadays are fast embracing two-term limit, agreeing to the notion that power should rotate. This not only guarantees rapid development but also ensures leadership renewal, protects democracy from being personalised, and aligns with best democratic practices around the world.
Also, it is important we acknowledge the role of Diaspora Gambians, especially in the country’s economic outlook. As such, their say in the country’s political affairs also matters. The critical role they play not only in terms of remittances but also in restoring democratic values in the country should be considered. This is manifested during the past regime, where the Diaspora community played a lead role in raising concerns such as arbitrary arrests, disappearances, and even prolonged detention of individuals to even cases of murder in some instances. Thus, it is both unjust and undemocratic that they remain disenfranchised. We must enshrine their right to vote in all national elections as a matter of equity, gratitude, and constitutional principle.
In conclusion and of utmost importance, Mr President, there is a need for dialogue among party leaders, religious and opinion leaders, members of the civil society, of the Gambia Bar Association, and of the Gambia Press Union to get a final solution to the draft constitution.
Good day!