Gambiaj.com – (BANJUL, The Gambia) – The Edward Francis Small Centre for Research and Justice (EF Small Centre) has issued a statement rejecting the 2024 Draft Constitution, describing it as unconstitutional, illegitimate, and a violation of the Gambian people’s sovereignty.

The statement was released as the National Human Rights Commission (NHRC) convened a “National Convergence on the Draft Constitution 2024” at the Sir Dawda Kairaba Jawara Conference Centre on November 26.

While acknowledging the NHRC’s efforts to foster dialogue among stakeholders, the EF Small Centre criticized the drafting and approval process, asserting that it has been dominated by the Executive, Legislature, and political parties to the exclusion of ordinary citizens.

According to the Center, this approach undermines the foundational principle that sovereignty resides with the people and erodes the democratic ideal that a constitution must be written by the citizens it governs.

The statement reflects on The Gambia’s constitutional history, pointing out that since independence, Gambians have never been given the opportunity to create a constitution truly reflective of their will.

EF Small Centre traced this pattern from the 1965 Constitution, crafted by British colonial authorities, to the 2020 Draft, which was rejected by the National Assembly after being hailed as the most inclusive effort in the country’s history.

“We cannot allow the continuation of a practice that perpetuates the marginalization of the people in shaping the supreme law of the land,” the Center declared. “This moment presents a critical opportunity for Gambians to write their own constitution.”

To address these concerns, the EF Small Center proposed a new approach, including amendments to the Constitutional Review Commission (CRC) Act of 2017. Their recommendations include establishing a Constituent Assembly, representing a broad cross-section of society, to serve as the approving authority for the draft constitution.

The CRC, in this model, would function as a technical committee providing expert guidance. The Center further urged the government to return the 2020 Draft Constitution to the Constituent Assembly for review and consensus.

Despite the pressing need for a new constitution, the EF Small Centre emphasized the importance of a deliberate and inclusive process over hasty reforms. The organization called for a constitution that embodies democratic principles, reinforces the separation of powers, and protects against abuses of state authority.

The statement concluded with a call to action: “Our generation should be the one to fix this country. We urge all stakeholders to ensure that we have a constitution that reflects the ethos, values, and aspirations of the Gambian people.”

This public rejection of the 2024 Draft Constitution adds a significant voice to the ongoing constitutional debate in The Gambia, highlighting the challenges of reconciling institutional interests with grassroots demands for genuine representation.