TANGO to issue position paper on 2024 draft constitution

“We wish to express our strong desire that the new constitution will not only enable the country to effectively transition from authoritarian to democratic rule, but also promote reconciliation, national unity and sustainable development. In this regard, we wish to commend the government for taking a bold step to advance the process of enacting a new supreme law of the land,” TANGO said in a press release.

However, TANGO said it noticed a large number of changes and deletions in the 2020 draft, which were reflected in the 2024 draft without any explanation provided to citizens.

“We find that some of these amendments and deletions do not even meet the standards of the 1997 Constitution. These issues and concerns are part of our reservations, which we will clearly record in our position paper on the 2024 draft constitution.”

The Tango group also expressed concern about the “enormous powers” given to the presidency to appoint ministers, heads of public institutions and heads of independent agencies without oversight by the National Assembly.

“Such an arrangement results in an imbalance in the power relationship between the organs of state, namely the legislature, executive and judiciary. In this sense, it will undermine democracy and good governance. Learning from past experiences and pursuing the democratic and republican ideals expressed in the CRC Act 2017, we believe that effective checks and balances are needed to limit power and enhance good and effective governance. Moreover, we are concerned about the restoration of nominee members appointed by the President with the power to recall such members, thereby seriously undermining the principle of separation of powers.”

“We would therefore like to remind the government that a lot has already passed and therefore the urgent need to move the country towards a new dispensation cannot be overstated.”

Taking the above into consideration, we make the following recommendations:

1. The government urgently works with all stakeholders, including political parties and civil society, to convene a national conference on the 2024 draft constitution to ensure that all Gambians have a voice in the constitution they want.
2. The government should provide explanatory notes on the changes and deletions from the 2020 draft as reflected in the 2024 draft constitution.
3. The government should demonstrate leadership and responsibility and not seek political expediency, but rather ensure that the Constitution is in line with the values ​​and spirit of the country and upholds the sovereignty and independence of The Gambia in accordance with the republican democratic system enshrined in the CRC Act 2017.
4. We urge all stakeholders, especially political parties and religious groups, to prioritize the development of a constitution that provides a broad and realistic framework that guarantees equality, justice and freedom for all.
5. We call on all citizens and the media to actively participate in the discussion and process of constitution-making, bearing in mind that its goal is to ensure the best interests of the country and not the interests of a particular political party or social class.