It is unfortunate and a system failure for the 1997 constitution to be used as the legal framework for democratic governance in a new era of nationhood. It is also unfortunate that the transitional agenda could not effectively address this very important national issue up till now. It is the country’s honor and reputation that is at stake. Let that be taken into account by all citizens. We are at that point and we should not fail to deliver a new constitution.
The establishment of a Constitutional Review Commission (CRC) in 2020, was a clear testimony that the Barrow government sincerely wanted a new constitution for The Gambia that will reflect the new era of democratic governance in the country. Perhaps, the final product of the draft 2020 constitution did not meet the expectations of government and those MPs who rejected it in Parliament.
The mistake that proved too costly to the nation was the appointment of the membership of the CRC. How could it have been almost all lawyers commission? Looking at the final product of the CRC 2020 draft, it could be said in my considered opinion, that it was too elitist, too elaborate and legally biased. This composition was perhaps, due to the work of an inexperienced Justice Administration. A constitution is both a legal document and a political document.
As such, the drafters should have come from all stakeholders in the political spectrum, that is representatives from civic society, religious groups, women organizations, political parties forum, youths, etc to mention a few. As it stands, the dismantling of the 1997 dictatorial elements in that and preventing the President from accruing so much ‘power’, seem to have placed difficulties on the acceptance of the 2020 draft constitution.
I think the adoption of a new constitution depends on two factors; one is the political will on the part of the executive to bring it back on the table. The other, is for the contentious term limit and the powers of the President which have been subject to Parliament approval. Efforts must be made to resolve these issues among others such as curtailing the numerous rights mentioned in the document, the issue of secularism, citizenship, etc.
It is the opinion of many stakeholders that we should exercise caution about citizenship and learn lessons from Cote D’Ivoire where it torned the country apart when it’s current President was denied his citizenship to qualify to run as a President. The 1970 constitution on citizenship is our best bet to adopt in the new constitution. All stakeholders should be armed with the faith that the country needs a new constitution. The transition to democratic rule will not be complete unless there is a new in place.
Gambia must be decided on a new constitution. If the differences of political parties on the way forward for a new constitution cannot be resolved for whatever reasons, then the Barrow government cannot be blamed, for it demonstrated enough goodwill towards new Gambia from the beginning of the new era. Since 2016, President Barrow’s influence and steadfastness in moving The Gambia from dictatorship to democracy, to the rule of law, development actions and ordering of a Commision to draw up a new constitution for the country, cannot be denied and credit must be given to him.
