Gambiaj.com – (BANJUL, The Gambia) – The Gambia Bar Association (GBA) has expressed concern over the government’s approach to reintroducing the Constitution of The Republic of The Gambia (Promulgation) Bill 2024, following its recent gazetting. In a press release dated 19th August 2024, the GBA welcomed the reintroduction of a draft constitution aimed at replacing the outdated 1997 Constitution, which it deems unsuitable for the country’s democratic aspirations. However, the association criticized the lack of transparency and stakeholder engagement in the process.
The government gazetted the draft constitution on 14th August 2024, uploading a copy on the Ministry of Information’s website. The GBA acknowledged this as a necessary legal step before the bill is tabled at the National Assembly. Despite this progress, the GBA emphasized that the constitution-building process is crucial to The Gambia’s efforts to rebuild democratic institutions and ensure the rule of law following over two decades of dictatorship under Yahya Jammeh.
According to the GBA, the executive should have engaged the public and relevant stakeholders regarding the changes made to the draft constitution before proceeding with the gazetting. The association argues that public consultation would have allowed for more informed reactions, which the National Assembly could consider during the legislative process. Given that a constitution serves as the supreme law guiding the nation, the GBA stressed that it must reflect the collective will of the people and the values of a democratic society.
The GBA expressed “grave concern” over the lack of transparency and unilateral decision-making by the executive in amending the 2020 draft, originally developed by the Constitutional Review Commission (CRC) through extensive consultations with citizens both within The Gambia and abroad. The association noted that this departure from the participatory and inclusive approach that characterized The Gambia’s transitional justice efforts risks undermining national consensus and the legitimacy of the new draft.
The Bar Association pledged to play an active role in the 90-day period leading up to the tabling of the bill in the National Assembly. It plans to engage key stakeholders, including the executive, parliamentarians, the judiciary, civil society organizations (CSOs), and religious groups. The GBA also intends to submit a position paper after thoroughly reviewing the draft bill.
In response to the concerns raised, the government announced that the Ministry of Justice will hold a press conference on 28th August 2024 to discuss the draft constitution and will release an explanatory note detailing the amendments and deletions made to the 2020 draft. Despite these measures, the GBA insists that the process must remain transparent, inclusive, and consultative to achieve a constitution that embodies the aspirations of the Gambian people.
The GBA reaffirmed its commitment to supporting the creation of a people-centered constitution that will usher in a Third Republic, replacing the repressive 1997 Constitution that facilitated tyranny and impunity. The association’s statement concluded with a call for all stakeholders to prioritize the nation’s collective hopes and democratic values in the ongoing constitutional process.
