By Ousman Saidykhan
Following participation in the National Conference on the Draft Constitution 2024, over one hundred representatives issued a communiqué recommending that the National Assembly adopt a CRC 2020 Draft Constitution as it reflects the people’s wishes and aspirations while respecting and upholding the principles of constitutionalism.
The National Conference, organized by the National Human Rights Commission (NHRC) and its partners, with the support of the European Union and the United Nations Development Programme (UNDP), provided a platform for the stakeholders to discuss and share their concerns about the 2024 Draft Constitution.
The representatives, who included officials from the Government, political parties, Non-Governmental Organisations, Faith-Based Organizations, Security Forces, independent national institutions, Gambia Federation of the Disabled women-led groups, academia, the media, and community-based organizations, observed an “overwhelming demand” for a new Constitution that is “consultative and reflective.”
“The National Assembly to consider and pass the Draft Constitution 2024 through the Second Reading to the Committee stage, where proper and detailed scrutiny of the content should be conducted. At the Committee Stage, when the Draft Constitution 2024 is being considered in detail, the National Assembly should solicit the views, opinions, and contributions of the public and diverse stakeholders and request position papers from concerned individuals, experts, and special interest groups,” the stakeholders recommended.
They agreed the 1997 Constitution, which has “numerous” amendments, is not the appropriate legal framework to anchor the country’s transition from a “dictatorship to a people-centered democracy.”
Although the Minister of Justice Dawda A. Jallow has said the Government had made several consultations before re-gazetting the Draft Constitution on August 16, 2024, the communique from the representatives of the National Conference said the majority of the stakeholders decried that their political parties, institutions, organizations, communities, and special interest groups were “not consulted by the Executive in the preparation of the Draft Constitution 2024.”
The stakeholders agreed the 2020 Draft Constitution was “sufficiently consultative, inclusive and participatory.”
Specifically, they want the Parliament to amend Clause 31(4)(f)(i) of the Draft Constitution 2024 to limit police detention to 48 hours after arrest, as provided in the 2020 Draft Constitution.
They also want the Parliament to restore the chapter excluded from the 2024 Draft, Chapter V—Leadership and Integrity—of the 2020 Draft, which they believe “is vital for promoting transparency and good governance.”
“Review the prohibition under Clause 39(3) of the Draft Constitution 2024 that disallows non-Gambians from owning or operating media houses, which is discriminatory. Non-Gambians should be allowed to own or operate media houses, albeit governed by appropriate regulations.
“Restore Clause 70(2)(c) and Sub-Clause (7) of the Draft Constitution 2020, which empowers the Supreme Court to oversee the powers of the President during a public emergency,” recommended the stakeholders.
The representatives have also recommended amending Clauses 134 and 135 of the 2024 Draft Constitution to require the Speaker and Deputy Speaker to be elected from among elected Members of the National Assembly and restoring all provisions of the 2020 Draft Constitution that empower or require the National Assembly to confirm all appointments by the President.
“Amend Clause 96 of the Draft Constitution 2024 to stipulate that a Vice President, Speaker, or Chief Justice acting as President should not hold the office for more than six months without a general election. Amend Clause 15(1) of the Draft Constitution 2024 to grant automatic citizenship to any child born in The Gambia, irrespective of their parents’ nationality,” and “restore Clause 15 (3) on granting citizenship to a child found in The Gambia whose parents are unknown,” the representatives recommended.
The stakeholders have recommended restoring Clause 84(5) of the 2020 Draft Constitution, which prohibits political parties from receiving contributions from non-Gambians, corporations, or incorporated bodies.
It has also been recommended that Clause 80(3) of the Draft Constitution 2024 be amended to allow only the President or Vice President to attend and address a special sitting of the National Assembly on a matter of national importance if the National Assembly requests the President.
“Restore Clause 103 (a) (ii) and (b) (ii) of the Draft Constitution 2020, which require the spouse(s) of the President to declare all assets, liabilities, and business interests. Restore Clause 174(2)(a) of the Draft Constitution 2020, which requires the Chief Justice to be a Gambian. Amend Clause 187 of the Draft Constitution 2024 to allow the Chief Justice to submit annual estimates of the Judiciary directly to the National Assembly,” recommended the stakeholders.
