By Alhagie Nyang, Activista National Coordinator
On Friday 15th May 2020, Activista organised a Twitter Chat on the draft constitution. The purpose of the was the generate discussion on the draft constitution. Readers cab remember the CRC submitted the final draft constitution to the president on the 30th March 2020, and the president is yet to submit to the National Assembly.
Panellists to the twitter chat included; the president of the Gambia Bar association, Lawyer Salieu, Maria Saine Lecturer, and Law Hub Gambia member, Ya Amie Touray, Legal practitioner and Dr Ismaila Ceesay. A series of questions were raised, and the panellist expressed their views.
Join us tomorrow for a Twitter Chat on the draft constitution. Use #DontAlterDontDerail #PORGSubmitNow to share your views with our able panelist @ISMAILACEESAY @salieutaal @Innocentuss @LawHubGambia pic.twitter.com/kKlcOGhVH3
— Activista The Gambia (@ActivistaGambia) May 14, 2020
When asked if the final draft constitution was progressive, the panellist stated it was very progressive considering the provisions therein, and how it protects the people of the Gambia, and extension of the locus standi to every citizen among other things. The panellist also expressed concern on whether the executive might not attempt to make any changes to the draft before submitting to the national assembly. Taal, Maria and Ya Amie categorically stated, the executive should not and must not attempt to make any changes the draft. This is because the final draft was a result of a nationwide consultation, a process through the executive were given the chance to participate equally, make a submission and had also the opportunity to do so again during the second of consultation. So, the executive must not try to make any amendment. To some of them, even the National assembly must not attempt to amend the draft, let the people decide! Were concerned that trying to allow room for some amendment will open the floodgate, and we would lose control of what should be amended and what should not be.
Q4. @LawHubGambia @ISMAILACEESAY @salieutaal @Innocentuss @Al_Sufism @msbahdynamic @FlexDan_YT @miss_petite_j #DontAlterDontDerail @NEDemocracy pic.twitter.com/ianwAHbEbT
— Activista The Gambia (@ActivistaGambia) May 15, 2020
Lawyer Taal stated, ‘The final draft in my view is a very progressive constitution befitting our political, socio-economic realities of today and the future. The expansion of the fundamental rights to include socio-economic, right to development etc are other examples.
On the question of any amendment, Law Hub The Gambia (Maria Saine using the handle), “The draft constitution was completed after consultation with citizens both in The Gambia and abroad. Hence, it is only proper that the executive sends the draft constitution to the National Assembly without any amendment. Moral, not legal’ Ya Amie stated ‘making changes will defeat the entire purpose of having the constitution that is deemed to have taken the views of the Gambians as a whole’.
Q5. @salieutaal @LawHubGambia @Innocentuss @ISMAILACEESAY @miss_petite_j @Al_Sufism @AllGirlsAgenda #DontAlterDontDerail @NEDemocracy pic.twitter.com/Pq1J7FVCtM
— Activista The Gambia (@ActivistaGambia) May 15, 2020
When asked, If the referendum were held today on the draft constitution as it is, would you vote YES OR NO and why? Ya Amie Touray responded she would, and Lawyer responded by saying ‘it is a no brainer’ the answer is a definitive yes. Dr Ceesay also said the constitution has his vote!
Several other people participated in the chat. Most Gambians do not want the executive to make any changes in the constitution, and that he must submit now. Some people have raised questions on whether the national assembly too should make any changes. What is clear is, most people would prefer they do not. Let the people decide through a referendum.
I spoke with the National Coordinator of Activista The Gambia on what prompted the twitter chat. Mr Nyang explained that Activista had organised series of consultation since the commencement of the work of the CRC, and submitted a position paper to CRC during the first and second round consultation through a consortium – Constitution4Chnage – which initiated and led by Activista. Thus, this is a continuation of the work they have been doing, and to ensure the executive do not derail the process of having a new constitution before the end of the year. When asked about #DontAlterDontDerail, he responded the hashtag is a clear call to the executive to not make any amendment to the final and draft neither should derail the process. This is to tell the executive; we are watching every step of the way!