Picture of President Barrow holding a Copy of the 2020 Draft. Source: The Point Newspaper
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A key commitment made by President Adama Barrow during his 2016 coalition presidential campaign was to establish a new constitution intended to curtail presidential and governmental powers.
After winning the election and assuming office, Barrow established the Constitutional Review Commission, led by Justice Cherno Sulayman Jallow.
A new constitution (2020 draft) was created after extensive consultations with Gambians nationwide.
In line with the Constitutional Review Commission Act of 2017, the draft was submitted to the president on March 30, 2020, and later presented to the National Assembly on 14 September 2020.
However, the draft many Gambians anticipated would replace the 1997 constitution was rejected on Sept. 22, 2020, with 31 National Assembly members voting in favour and 23 against, failing to secure the required three-quarters majority.
“According to Section 226 2(b) and 4(b) of the 1997 Constitution, subsection 2, subject to Section 4 states, a bill for an act of the National Assembly under this section that is section 226 shall not be passed by the Assembly or presented to the president for assent unless 2(b) the bill is supported on the second and third readings by votes of not less than three-quarters of all the members of the National Assembly.”
The government utilised D116 million dalasis of Gambian taxpayers’ money.
Since the fifth legislature rejected the 2020 draft constitution, discussions have been ongoing about trying to revive it.
International partners such as the International IDEA have organised several meetings with political parties to help the country adopt a new constitution.
However, these efforts have been largely unsuccessful, as is evident in a recent International IDEA engagement with political leaders and stakeholders.
Following this meeting, reports surfaced that President Adama Barrow held a closed-door discussion regarding the issue with the leader of the main opposition party (UDP).
When DUBAWA inquired with UDP leader Ousainou Darboe about details of their talks, Darboe replied: “It was between me and President Barrow, and if I say anything here, it will be a betrayal of trust.”
A 2024 survey by Afrobarometer revealed that 67% of Gambians want the 2020 draft constitution reintroduced.
Why is a new constitution essential for Gambians?
The government has gazetted a new constitution named “2024 Draft,” which is currently before lawmakers for consideration.
DUBAWA consulted with various Gambians, including media representatives, civil society groups, rights activists, and political leaders.
Muhammed S. Bah, former President of the Gambia Press Union, asserts that a new constitution would bolster the country’s democratic progress.
“A new constitution would introduce vital provisions such as term limits and the 50%+1 electoral system, ensuring that elected officials receive a full mandate from the populace,” he stated.
He further noted, “It is crucial completion of the transitional justice process.”
Madi Jobarteh, a human rights activist, referred to the 2024 draft as “President Barrow’s Paper,” claiming that it is crafted to benefit President Barrow and his administration.
“We need a new constitution that would articulate and uphold the sanctity and supremacy of citizen sovereignty.
Since 1965, the Gambia has yet to have a genuinely republican and democratic constitution,” he said.
Ousainou Darboe, leader of the opposition Party (UDP), mentioned that the 2024 draft only caters to President Barrow’s political interests and urged people to reject it.
“I still maintain my position on upholding the 2020 draft, which is a constitution for every citizen.
They eliminated some clauses that empowered citizens and were critical of the government, such as chapter 5, which addresses leadership and integrity,” Darboe stated.
Comparing the 2020 Draft and the 2024 Draft
“The 2020 draft constitution contains more progressive clauses overall. However, the 2024 draft constitution has robust press and media freedom provisions. Ideally, the 2020 draft, with necessary amendments, would be the best option,” Muhammed S. Bah elaborated.
Jobarteh stated that the 2020 draft serves the interests of citizens more than the 2024 draft. “I do not recognise it as a draft constitution simply because not only is its drafting process illegitimate and illegal, it is also a draft that seeks to institutionalise dictatorship and corruption in the country.”
He added: “I think the 2024 draft is worse than the 2020 draft.”
He also contended that the 2020 draft requires improvements.
“UDP only recognises the 2020 draft constitution, and we stand by that,” Darboe said.
Dr Ismaila Ceesay, the Minister of Information, has stated that reintroducing the 2020 draft constitution to the National Assembly will not “make any sense,” noting that it will fail again.
The Minister of Justice Dawda Jallow, who presented the 2024 draft at the National Assembly for its reading later this month, defended the amendments.
Jallow also denied claims that the process of the 2024 draft was not inclusive.
“The government, through the Ministry of Justice and in collaboration with International IDEA, facilitated a series of mediation sessions on the revival of a draft constitution for The Gambia,” he said.
In summary, Gambia’s struggle to adopt a new constitution remains a complex and contentious issue, with political and legal obstacles impeding the creation of a document that can unite the country and address its historical challenges.
The 2020 draft remains a point of contention, and the 2024 draft may face ongoing public and political opposition as it moves through the legislative process.
Conclusion
As disagreements continue over adopting a new constitution, with a controversial bill (2024 promulgation) already in parliament, lawmakers must review the current constitution thoroughly. This is to ensure amendments and the inclusion of clauses that will ensure term limits and empower citizens to hold the authority accountable.
