TANGO to issue position paper on 2024 Draft Constitution

“We wish to express our ardent desire for a new constitution to not only enables an effective transformation of the country from dictatorship to democracy but also to facilitate reconciliation, national unity and sustainable development. It is in this regard that we wish to commend the Government for taking the bold step to forge ahead with the process of creating a new supreme law of the land,” TANGO states in press release.

However, TANGO says it has noticed incredible high number of changes and deletions in the 2020 draft as reflected in the 2024 draft without providing any explanations to the citizens.

“We find some of these changes and deletions fail to meet even the standards of the 1997 Constitution. These issues and concerns form part of our reservations which we will explicitly document in our position paper on the 2024 draft constitution.”

TANGO also expressed its concern over “immense powers” been accorded to the Presidency in making appointments of ministers, heads of public institutions and independent bodies without National Assembly oversight.

“This arrangement has the effect of creating an imbalance in the power relations between state organs namely the Legislature, the Executive and the Judiciary. In this regard, it will undermine democracy and good governance. Learning from our past and in the pursuit of democratic and republican ideals as expressed in the CRC Act 2017, we are of the view that there is a need for effective checks and balances to restrain power strengthen good and effective governance. Furthermore, we are concerned about the restoration of Nominated Members to be appointed by the President with also the power to recall such members thereby effectively undermining the separation of powers principle.”

“We wish to therefore remind the Government that a lot of water has passed under the bridge hence the urgent need to move the country towards a new dispensation cannot be over-emphasized.”

Considering the above, we wish to recommend the following:

1. The Government to urgently engage all stakeholders including political parties and Civil Society to convene a national convergence on the 2024 Draft Constitution to ensure that all Gambians express themselves on the constitution they want.
2. The Government to provide explanatory notes for the changes and deletions in the 2020 draft as reflected in the 2024 Draft Constitution.
3. The Government to demonstrate leadership and responsibility and refrain from seeking political expediency but to ensure that the constitution adheres to national values and ethos and safeguard the sovereignty and independence of the Gambia under a republican and a democratic form of government as stipulated in the CRC Act 2017.
4. We urge all stakeholders, especially political parties and religious bodies, to prioritize the creation of a constitution that provides a broad and realistic framework which guarantees equality, justice and freedom to all.
5. We urge all citizens and the media to actively participate in the discussions and process of constitution building bearing in mind that the objective is to secure the best interest of the nation and not the interest of a party or section of society.