During a National Conference on the Draft Constitution 2024, Gambian stakeholders have expressed concerns on the removal of Chapter V which talks about leadership and integrity and the removal of clauses that guarantee the independence of all the independent institutions among others.
The National Conference which was held at the conference centre between the 28th and 29th of November, was organised by the National Human Rights Commission (NHRC) with the joint support of the European Union and the United Nations Development Programme (UNDP) and in partnership with the Gambia Bar Association (GBA) and The Association of Non-Government Organisations (TANGO), the convergence was held under the theme: 'Advancing National Consensus on the Draft Constitution 2024'.
In their final communiqué, stakeholders expressed deep concerns over the following in the Draft Constitution 2024: "removal of Chapter V (Leadership and Integrity), weak checks and balances, enormous powers vested in the President, removal of clauses that guarantee the independence of all the Independent Institutions."
"Stakeholders emphasised the critical role they play in constitution-making and pledged their continuous support to efforts towards the strengthening of principles of justice, accountability, rule of law, culture of human rights, democracy and good governance to achieve "a just, secure and prosperous society" in the country."
Officials said the National Conference aimed to provide a platform for all the stakeholders, including political parties and citizens, to discuss the Draft Constitution 2024, share their concerns about the document, identify the sticking points and promote consensus on them, and develop the overall objective, a unified position on the Draft Constitution 2024.
Through this process, they added, the Commission sought to enhance public discussion on the Draft Constitution 2024 and to promote the adoption of a Constitution by the National Assembly that adequately reflects the wishes and aspirations of the Gambian people.
"Over one hundred representatives from the government, political parties, non-governmental organisations, faith based organisations, security forces, independent national institutions, Gambia Federation of the Disabled, women-led groups, academia, the media, and community-based organisations in the regions took part in the National Conference."
"The stakeholders addressed a wide range of issues, including the dynamics of constitution drafting across Africa and beyond with a focus on The Gambia, the lessons learned from the work of the Constitutional Review Commission (CRC), the similarities and differences between the Draft Constitution 2020 and the Draft Constitution 2024, the key changes in the Draft Constitution 2024 and the factors that led to the failure of the Draft Constitution 2020 at the National Assembly in September 2020."
These discussions were geared towards the adoption by the National Assembly of a draft Constitution that adequately reflects the wishes and aspirations of the Gambian people. Emphasising the urgent need for a "people-centric" Constitution, the stakeholders expressed their concern and dissatisfaction over the lack of public participation, stakeholder consultation, and broad societal involvement in the preparation of the Draft Constitution 2024."
"The stakeholders lamented that the exclusion of civil society, faith-based groups and other critical stakeholders from the preparation of the Draft Constitution 2024, including the political parties, grassroots groups and representatives of other interest groups, has greatly compromised its legitimacy and acceptability by the people."
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"The stakeholders further emphasised that all citizens of the Gambia, including Gambians in the Diaspora, have the inalienable right to participate in the preparation of their Constitution, and to have their views and opinions given due weight and consideration. Given that a constitution represents the will, wishes and aspirations of the people, the stakeholders called on the National Assembly to restore the rights of the people to ensure a broader consultation before the passing of the Constitution of the Republic of The Gambia (Promulgation) Bill, 2024."
"Stakeholders discussed in great depth the Draft Constitution 2024 and further made comparisons between the provisions of the Draft Constitution 2020 and the Draft Constitution 2024."
"Stakeholders also examined the new provisions inserted in the Draft Constitution 2024 and the provisions of the Draft Constitution 2020 that have been expunged from the Draft Constitution 2024."
