By Assan Bah
The Gambia Participates (GP), on Monday 21st October, 2024, commenced a week-long comparative review between the CRC 2020 Draft and the 2024 Draft, with Civil Society Organisations (CSOs).
This detailed review exercise according to the GP is geared towards giving opportunity to CSOs to make valuable and informed inputs that would shape the legislation process.
Following the rejection of the Draft Constitution by parliament in 2020, Gambia Participates has been engaging a diverse array of constitutional stakeholders on finding a common ground to achieving a new constitution.
According to Gambia Participates, these consistent engagements have separated the review and amendment of the Draft Constitution by the government prompting the Ministry of Justice (MoJ) to gazette an amended draft.
Gambia Participates said since the rejection of the 2020 draft, it has been working with constitutional stakeholders to find a new constitution, which it said had prompted the Ministry of Justice to amend the draft.
Mr Marr Nyang, the Founder & Executive Director of the Gambia Participates, called on people to remain optimistic and concentrate on consultations with the National Assembly in order to draft a new constitution, rather than only being spectators to the politicians.
He called on CSOs to capitalise on the lessons learnt during the 2020 draft constitution, saying: “Civil society organizations have been writing position papers on a variety of topics, including human rights, education, health, physical transparency, and anticorruption. However, there was no clear CSO stance on the 2020 draft constitution, so we were unable to voice our opinions collectively about whether or not we supported it and what areas needed improvement. This was a huge mistake, but it is also a lesson learnt as CSOs,” said Nyang.
He however said there are some disagreements on the 2024 draft, which he said is expected.
According to him, the country’s ultimate goal is constitutional reform, with politicians and CSOs agreeing on a new constitution to protect fundamental human rights and strengthen the governance structure of the country.
He believed that without a clear understanding, and knowledge of the 2024 draft constitution, the public will be misled by the discussion around it. “The 2024 draft, despite its pros and cons, contains good provisions and some are disappointed with the government’s approach, but its merits and content should be emphasized. Citizens expect reliable public services, a constitution resilient to autocracy, clear power separation, rule of law, and a government that serves the public interest.
He further said, “To achieve the constitution we want, we must sit here study the draft with an expert in constitutional law to make recommendations on the provisions that we believe are not good.
Lawyer Salieu Taal, Board Chair of the Gambia Participates, said the majority of Gambians desire a new constitution, and everyone should focus on collective interests and building for future generations, not to politicize the process.
He congratulates the Gambia Participates for having the foresight and convening a meeting of CSOs to review and build consensus and the way forward towards reintegrating a new constitution
He said, in addition to replacing a single person, the new administration was chosen to end years of human rights abuses, disregard for rule of law, and impunity.
He added: “The 1997 Constitution has undergone more than 50 amendments that have made it easier for a leader to use laws against their citizens, serves as the cornerstone of that system, which is to take away power from the sovereign citizens of the country.”
He further said: “The constitution we want is about introducing a people centred constitution, a constitution that is genuinely driven by people and for the interest of the people, a constitution that ensures that those we elect exercise their powers in the interest of the people not against the people.
“Given that we are in a transition from a dictatorship to a boarding democracy, can we meaningfully build a new Gambia with the old tools?” he asked.
He called on CSOs to unite and defend the collective interest of the general interest of the Gambian citizenry, rather than focusing on political parties or small groups.
Mr Sainey Ceesay, Head of Governance at UNDP the Gambia, said: “As we embark on this important task, we must remember the lessons learned and our shared experiences during the previous draft constitution, particularly the rejection of the 2020 draft constitution.
He said the gazetting of the 2024 draft, represents a renewed opportunity for an effective engagement and open discourse; adding that it is crucial to get together not just to go over the text, but also to have productive discussions that represent a range of viewpoints within the society.
He called for the prioritisation of the protection and empowerment of vulnerable people, including women and people with disabilities.
He said: “As we shape this constitution, let us ensure the right of every Gambian is enshrined, fostering the environment for all individuals to thrive for our collective interest. The challenges before require proactive measures and resilience.”
