The Edward Francis Small Centre for Rights and Justice (EFSCRJ) has expressed dismay but not surprise at the failure of the 2024 Draft Constitution, which fell short of the required 44 votes in the National Assembly on July 7, 2025, after over 12 hours of deliberation. The defeat marks another setback in Gambia’s quest for a new constitution following the rejection of the 2020 Draft Constitution and has prompted sharp criticism of President Adama Barrow and his administration.
The EFSCRJ attributes the failure to a lack of political will and commitment from President Barrow and his Justice Minister, Dawda Jallow, accusing them of undermining the constitutional process. The Centre points to Barrow’s 2016 manifesto, where he promised to serve a three-year term leading a coalition government focused on constitutional and institutional reforms to end self-perpetuating rule. “Today, Gambia should have been in the Third Republic,” the EFSCRJ stated, lamenting Barrow’s failure to fulfill this pledge.
The 2020 Draft Constitution, developed through broad consultations by the Constitutional Review Commission (CRC), was rejected by Barrow’s allies in the National Assembly. They argued that the two-term presidential limit, effective from 2017, unfairly targeted Barrow, claiming it was retroactive in nature. This rejection, the EFSCRJ notes, prevented further refinements to the draft. In contrast, the 2024 Draft Constitution, unilaterally introduced by Barrow’s government without public consultation, has been criticized as a severe dilution of democratic principles. The EFSCRJ described it as an “aberration” that weakens checks and balances, concentrates power in the presidency, and lays the groundwork for a “corrupt dictatorship.”
The Centre holds Barrow and Jallow primarily responsible for both failures, accusing them of neglecting the 2020 draft while pushing the flawed 2024 document. It also criticized National Assembly Members (NAMs) who opposed the 2020 draft but supported the 2024 version, accusing them of betraying their oath to serve the best interests of The Gambia. “These political leaders have reneged on their legal obligations,” the EFSCRJ declared, urging Gambians to hold them accountable.
The EFSCRJ reiterated its call for a new constitutional process independent of the executive and legislature. It advocates revising the CRC Act to establish a constituent assembly comprising a cross-section of Gambian society to review and approve a new draft based on the 2020 document. This assembly would send the final draft to a referendum, bypassing political interference. The Centre argues that allowing politicians to control the process risks partisan manipulation and compromises the integrity of the constitution.
“A matter as critical as the constitution cannot be subject to horse-trading between political parties,” the EFSCRJ stated, warning that such processes lead to either rejection or dilution of the constitution, ultimately denying citizens a robust framework. The Centre called on civil society, political parties, and citizens to mobilize urgently for a transparent, inclusive constitutional process.
The failure of the 2024 Draft Constitution follows a history of unsatisfactory constitutional frameworks since Gambia’s independence, including the 1965, 1970, and 1997 constitutions. The EFSCRJ emphasized that Gambians deserve a constitution that upholds democracy, republicanism, and human rights, as promised by Barrow in 2016. “Why has Barrow failed to fulfill this promise?” the Centre asked, urging citizens to demand answers.
