The leadership of PDOIS held a press conference on the state of the nation on Wednesday, October 9 2024 at its headquarters in Churchill’s Town. The Secretary General, Halifa Sallah, spoke extensively on the state of the economy and PDOIS’ capacity to effect change as witnessed in 2016. We have already published these in the past two editions. In this edition we bring you what he said on the constitution building process and other pertinent issues.
CONTINUATION
Many issues are being discussed all over the country. I am to tell you our position on some of these issues. One in fact is the very basis of the existence of this nation. That is its Constitution.
THE PROCESS: We are the makers of the constitution. We have gone through a history of the people merely being spectators of the political process where we have the 1965 Constitution that most people knew nothing about. The 1970 Constitution that most people, including those who are highly educated, knew nothing about. The 1997 constitution where at least some sensitization took place, but almost 70 percent of the population could not tell you its content. We have talked about constitutional changes.
National consultation is taking place on constitutional matters, but we have never reached the level of consensus of what the constitution should contain. We as a people must refuse to be alienated from what we own. A constitution determines how we are governed. It is now time to open up this national conversation on the constitution building process.
Where we are is evident. A CRC was established. It carried out its work from 2018 to 2020. Although a mandate of 18 months was given, it requested 6 more months. It brought its draft constitution to the president and published untouched. It was subjected to the process of promulgation up to the level of the National Assembly. What is very clear to all Gambians is that, in bringing a constitution for promulgation, the draft must be published in the gazette for three months. After three months, a second publication for no less than 10 days. After that, it will be brought to the National Assembly.
It goes through readings. The first and then the second, you debate the principles. When that CRC draft was brought as a bill, it did not pass the second reading because it required three-quarters majority of all members of the National Assembly. It could not get three-quarters majority even though it had more members supporting than opposing. What you should also understand is that after a bill passes the second reading, it goes to a committee stage when all the members will have the opportunity to express their opinion. All citizens will have the option to express their opinions. The committee can even hold all sorts of public hearings just to get the mind of everybody on the subject matter. That is the process a bill should take.
Unfortunately the CRC draft that came as a bill did not pass the second reading and did not go to the committee stage. That is what is known to all of us. After that, procrastination after procrastination followed. We knew what could be done to cure it. We tried that. The only way it could have been cured is to revoke the decision that was taken. Permission to raise a motion was asked for the revocation of the decision. It was never given. That is where that process became dead. The end of it.
It is important for you to understand that this party has always been guiding the nation on how we should move on the constitution building process. First, by indicating that we could have changed the Constitution without going through this long and elaborate process by looking at the entrenched clauses which require referendum and put them together. Non entrenched clauses which can be changed by the National Assembly can taken to the National Assembly. Even though they did not accept the ideas we gave them, we did not also say our ideas must be accepted. Any time they come up with something that is in the interest of the nation, we speak and give our support. The CRC draft, no matter what its weakness may have been, could not have just passed like that without scrutiny. Those who disagree with any of its content could have actually made recommendation for amendments at the consideration stage. That is where we are at the moment. A constitutional impasse where recommendations were given.
THE CABINET DRAFT
WHAT ARE WE TO DO WITH IT? Instead of the state constituting a constitutional review committee that would talk to everybody again to explain the 1997 Constitution, explain the CRC draft, seek opinions, provide report to the executive as well as to parliament and the public at large in a national validation exercise so that we can agree on what procedure, content we are going to work on to bring about a Constitution of the third republic; that is what consultation should have given rise to, that consultation did not take place, they brought a draft (the executive). published it. That draft is what is now in the public space. What are we to do with it? That is the question.
The inevitable is what we are here to tell you. It is inevitable that after the three months, that bill will be published again for the second time, then brought to the National Assembly for the first reading. After that, it will go to the second reading. What are the National Assembly members going to do. If you don’t want it, how do you show that you don’t want it? That is the question. Anybody who says they don’t want that Constitution, how do you say you don’t want it from being what you don’t want. When we say knowledge, that is what it requires; not to say what should happen. No Gambian should be in the dark about this. What we are out to tell you is that; if they bring this bill to the National Assembly, it will have to go to the second reading. At the second reading National Assembly members could say no, we don’t support it. It would then be dead just like the CRC draft. That is one thing that could happen. Is that what should happen? Is it a sign of really being sovereign? What is being sovereign? It is having the authority and power to do something. We are telling you, the Executive does not have sovereign authority to promulgate the Constitution of a third republic. They don’t have the responsibility. They just have the right to propose, full stop. It is the National Assembly members who have the right to dispose of the bill. They are the ones who can say what is there can be changed.
Therefore, all Gambians should be reviewing this bill, review the CRC draft. Principally, if you want to have a mature opinion, you must read and understand all these documents and ask yourself; which clause is in line with the interest of the sovereign people of The Gambia, which should be seen to be fit in the Constitution of a sovereign Republic. That is what the National Assembly should be told. That is what they should argue. That is what they should insist should be in that provisions or they will reject whatever is there if it is not approved.
So it is like we are at the heart of building a new nation. Each must now become empowered. What had not happen in the past is what should happen now; to be involved. No one should accept to be excluded. This time we should not see constitution as product of intellectuals with superior minds. We must see it as something that must come from us; on how we are to govern; vote; what a president should do for us; what a national Assembly member should do; what councils should do. This should be known to all of us. So this is now the opportunity to extend this conversation.
PDOIS is going to do that with its members, leaders and citizenry at large if they wish to be a part. PDOIS will establish fora of all sorts; the media. It will exploit every avenue to get the people to understand the 1997 constitution and its history, the CRC draft of 2020 and the current cabinet draft of 2024. As far as procedure is concerned, the National Assembly will finally, after it is introduced, have the total control of that document and do with it whatever they want to do with it.
THE MEDIA
THE FACTS: We have seen certain developments that engulfed the nation- the media. What is a government to do? How do we enhanced freedom in a republic. Every citizen has a right to information. The information must be based on facts. It should be in the public interest. Once we seek information that is factual and in the public interest, we will be enlightened. Once we give information that does the same, the nation will be enlightened. So the republic creates a contract between the citizens and those who give information. That contract is inviolable and must be defended. Governments that respect that contract would not be worried because you will always be pursuing the facts.
Suppose you say something about Uncle Sidia or Halifa Sallah, Halifa Sallah responds and the facts are known by the whole population, why would Halifa Sallah be angry again? Because the fact is known. Once the fact is known, who is being indicted? The person who gives something that is not factual. What is important is to have a people who when they hear the facts would believe in those facts. The battle will be a battle between falsehood and truth. An uninformed people would be a people who could be misled. It is an insult to tell an informed person that you have the capacity to mislead him or her. That is what a sovereign nation is built of: informed citizenry who no one can mislead, pursuing the truth in good faith and in the public interest. That is what we need to build. We hope those who govern today will bear that im mind. If they have not build up that archeticture of a country, then they will see what is happening because we have not done enough work to build the type of country that we should build. We are convinced information is the lifeblood of a democratic nation. That information must be transformed into knowledge and knowledge into way of life. This is why PDOIS says: know yourself;
know your country, know the world.
CORRUPTION
THE SALARIES: It is important to conclude by addressing the issue of corruption. We must bear in mind what is politicization of issues and what is really the foundation of a country that wants to rid corruption from its whole operations and existence. We will tell you the salaries that exist in this country and ask yourself the question whether people can live on the basis of those salaries. A nation that intends to live on the basis of honesty must determine what it requires for citizens to survive. It must reward on the basis of quantity and quality of work. You must constantly come up with a salary commission to look at the commodities that exist and how people should live; then work towards ensuring that the person earns the minimum required to have food to eat, water to drink and a house to live in. That is absolutely essential.
The public wealth belongs to us. Before money goes into the public coffers, the law must say it should get there. Before it comes out, the law must say it should. The auditor general is given the responsibility to ensure that everything that goes in will be spent in the way that it should be spent according to law, otherwise, that particular person will be considered to have fraudulently taken something from the state and the inspector general should carry out investigation.
So essentially, the construction of the state is to ensure that public wealth goes to render public service. It is the duty of the media to hold government accountable. It is the duty of opposition parties to show what is wrong and if they were there, what they would do to be able to ensure that public wealth would go to serve the public. I would emphasize what is important now is to realize that the first, second and third governments have really not strengthened the offices of auditor general by giving them the independence that is necessary, the supervision not by the executive but by reporting to commissions on an annual basis so that they will do their work as required by the Constitution. Otherwise they themselves will be found culpable. It is the checks and balances that we must strengthen for the system to be full proofed.
LOCAL GOVERNANCE: There is no doubt we have told you that the local government structures we are talking about at the village level; the budget of the village, the projects of the village being taken onboard to the regional level and bring it to the National level so that when the budget is being allocated, it will go to the village through that regional process. That will of course address the issue of corruption at that level. Because what should come to the village will be known and supervised by the village development committee. Who would then take resources from such a situation? There is no doubt that the systems we have are not really akin to be able address the issue of wastage of public resources or fraudulently taking those resources from the public funds. It is an issue of management, administration and development.
