Gambia’s Justice Minister Defends New Constitution Bill as Path to Strengthening Democracy

Dawda_jallow__Attorney_general

Gambiaj.com – (BANJUL, the Gambia) – The Gambia’s Attorney General and Minister of Justice, Dawda A. Jallow, has strongly defended the new draft constitution, which is intended to fortify the West African nation’s democratic framework after years of autocratic rule. The Constitution Bill, 2024, is expected to be put to a vote next year, marking a significant step by the Gambian government to reinforce democracy and the rule of law.

Speaking at a press conference on Wednesday, Minister Jallow highlighted that the draft constitution is designed to replace the 1997 constitution, which had been instrumental in enabling former dictator Yahya Jammeh to tighten his grip on power following a 1994 coup.

The draft, Jallow explained, is the result of a rigorous process that began in 2018 with the establishment of the Constitutional Review Commission (CRC). This commission was charged with drafting a new constitution that would reflect the will of the Gambian people and rectify the deficiencies of the existing constitution, which many believe failed to uphold democratic principles or ensure good governance.

The journey to a new constitution has been arduous. The CRC’s initial draft, released in November 2019, was seen as a crucial step towards a democratic transition. However, when the draft was presented to the National Assembly in 2020, it faced substantial opposition, particularly from lawmakers aligned with President Adama Barrow.

The opposition centered around a retroactive clause that would have imposed a two-term limit on the presidency, a provision that threatened Barrow’s political future. As a result, the draft was rejected after passing only its first reading.

In response to the political deadlock that ensued, the Gambian government sought the assistance of the International Institute for Democracy and Electoral Assistance (International IDEA) to mediate and find a resolution.

Although the mediation process involved extensive consultations with political parties, civil society organizations, and other stakeholders, certain contentious issues, including presidential term limits, citizenship provisions, and impeachment procedures, remained unresolved.

Undeterred, the government proceeded to draft a new version of the constitution, culminating in the Constitution Bill, 2024. According to Minister Jallow, this new draft reflects the lessons learned from the failed CRC draft and incorporates adjustments based on the outcomes of the mediation efforts.

The bill, Jallow asserted, represents a renewed attempt to create a constitution that is genuinely Gambian and capable of garnering the necessary support in the National Assembly and from the public.

Jallow emphasized that the Constitution Bill, 2024, aims to establish a legal framework that not only addresses historical injustices but also lays a solid foundation for a democratic and prosperous future for The Gambia. The draft constitution will need to pass through parliament and be approved by a national referendum before it can be enacted.

“We regret that we won’t be able to meet our timeline, but we are committed. Everything being okay, the constitution should be in place sometime in 2025 if it sails through all the processes,” Jallow stated.

This new constitution, if approved, could allow President Barrow, who has been in power since 2017, to serve two additional terms, paving the way for a potential long-term leadership role in shaping The Gambia’s future.

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One Response

  1. Dear Editor,
    It is unfortunate that you a stained to voice out what the final draft constitution contains. The presidential two terms limit was rejected by the National Assembly members when it was presented. Gambians are eager to know the real truth behind the changes in the New draft constitution.

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