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The GBA welcomes the reintroduction and publication of the draft constitution as an important step to replace the 1997 constitution which is not fit for purpose for our democratic development trajectory. While the GBA acknowledges that this important step is a legal requirement before submission to the National Assembly, we must reiterate that the constitution-building process is an intrinsic part of our country’s rebuilding of democratic and rule of law institutions after 22 years of authoritarian rule. Therefore, the process of reintroducing a new constitution should be participatory, inclusive and consultative.
The GBA believes that the executive should inform the public and other stakeholders of the changes it intends to make before the draft constitution is published so that public and stakeholder reactions can be more widely known, which the National Assembly can also incorporate in the legislative process.
The Constitution is the supreme law of the land and the basis for the legitimacy of all other laws. The Constitution is authoritative for all legislation passed by the National Assembly and is subject to a national referendum where citizens have the opportunity to support or reject it. The Constitution explicitly states that all powers exercised by the government derive from the people, thereby recognizing the sovereign will of the citizens. This substantially reinforces the supremacy and importance of the Constitution as it reflects the collective ideals and sovereign will of the people on how the country should be governed, how power should be exercised, what the limits of power should be, and how the law should be applied to achieve a democratic society ruled by law.
GBA notes with serious concern the lack of transparency and consultation with stakeholders in the measures taken by the Executive Branch of Government. The draft constitution presented to the Government by the Constitutional Review Commission (CRC) was conducted in a highly transparent and participatory manner, engaging citizens both locally and abroad. In this spirit, GBA envisages that any subsequent attempt to re-propose the 2020 draft constitution will be consultative, inclusive and transparent to achieve a high level of national consensus that will help rally political actors and citizens behind the draft. GBA is concerned that the Executive Branch of Government, in the process of re-proposing the draft constitution, has unilaterally amended the CRC 2020 draft without engaging with other key stakeholders, contrary to the spirit of collaboration that has characterized our transitional justice journey from 2017 to date. The Executive’s decision to proceed with the redrafting and publication of the 2024 Bill without consulting other stakeholders could pose a challenge to building national consensus on our country’s most important law and could undermine the legitimacy of the Bill and process.
As a rule of law institution and a key stakeholder in this process, the GBA will play an active role over the next 90 days until the Bill is submitted to the National Assembly. During this period, we will engage with other key stakeholders including the Executive, Members of the National Assembly, the Judiciary, Civil Society Organizations (CSOs), religious groups, etc. We will also submit a position paper after a thorough review of the 2024 draft.
GBA noted the government’s press release dated August 19, 2024, stating that the Ministry of Justice will attend a press conference on the 28thday The 2024 draft will be discussed before August 2024, and the government will issue explanatory notes on the revised and deleted provisions in the rejected 2020 draft.
Finally, the GBA reiterates its commitment to this process to ensure its legality, transparency and consultative nature. These are sacrosanct and every effort must be made to achieve an outcome that is consistent with our hopes, aspirations and sovereign will. The GBA wishes to reiterate its commitment to the establishment of a Third Republic based on a people-centric constitution to replace the draconian 1997 Constitution that was the fulcrum for tyranny, dictatorship and impunity for citizens.
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