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and discussion Key Points On the process undertaken by the Constitutional Review Commission (CRC) to bring the draft constitution to this stage, lawyer Salieu Tal stressed that the CRC process was characterized by transparency, inclusiveness and broad participation.
“It is a multi-stakeholder effort involving contributions from the three branches of the State (judiciary, executive and legislative) as well as civil society, interest groups, women, youth, religious organisations and the Gambian diaspora,” he explained, noting that the 2024 Bill, by contrast, “reflects the interests of the executive branch” rather than the CRC’s inclusive approach.
He also stressed that the bill had been unilaterally amended, with certain provisions removed and new ones added, which Tarr believed effectively gave the executive branch “a second try” and “undermined” the integrity of the original draft that emerged from the inclusive and transparent CRC process.
“From a starting point, this runs counter to the multi-stakeholder approach of CRC 2020,” he said. “Secondly, the minimum we expect from the executive is that they publish the changes they made to the rejected draft bill and provide the reasons why they proposed the changes.”
Furthermore, Tal wanted to remind the executive that the constitution should be people-centric and driven by the supreme interests of citizens. “We should learn from recent history and build governance institutions that are based on the recognition of the supreme power of citizens, and the balance of power should be tilted towards ensuring that citizens can legitimately hold leaders accountable,” the studious lawyer said. This can only be achieved with a people-centric constitution that ensures that the executive is adequately supervised by parliament, he added, making it clear that “the current draft does not achieve this balance.”
In addition, in the draft bill published in the Gazette, the presidential term limit is set at five years, but the clause giving it retroactive effect has been deleted. Attorney Tal expressed concern over the deletion of the clause as it would make the term limit effective from a date before it was approved.
Appropriately, a specific provision was introduced in the Constitutional Gazette to allow for the establishment of an international tribunal capable of trying those who have committed international crimes and human rights violations under international law. “This is very welcome and will make it easier for the country to establish an international tribunal to prosecute those who committed serious human rights violations and international crimes between 1994 and 2017,” he said.
In accordance with the 1997 Constitution, the draft will be put on public display for three months and then on public notice for another 10 days. The government said the public will have access to the document through the Ministry of Information and the Gambia Printing and Publishing Corporation.
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