By Yusef Taylor and Binta S. Jawo
The Constitution (Amendment) Bill 2021 tabled on Thursday 17th February 2022 for its second reading was adjourned to Monday 21st February 2022. The Bill which aims to enlarge the composition of the National Assembly with sixteen (16) reserved seats for Women and Persons with Disabilities was postponed due to insufficient National Assembly Members (NAMs) in attendance for voting to commence.
According to provision 226 (2) (b) of the Gambia’s 1997 Constitution, a Bill shall only pass if it “is supported on the second and third readings by the votes of not less than three-quarters of all the members of the National Assembly”. This means that at least 42 NAMs should be in attendance and vote in favour of a Bill to pass its second and third reading. A publication on the National Assembly’s official website highlights that “the number of members in Chambers at the time of voting on the bill was thirty-five on Thursday”.
The publication highlights that “during the second reading, Hon Fatoumatta Njai, National Assembly Member for Banjul South noted that the Bill also imposes an obligation on political parties to promote gender equity in the selection of candidates to contest National Assembly elections as well as the respect for human rights”.
“It is envisaged that if it is passed, the Bill will guarantee participation of women and persons with disabilities in the conduct of public affairs in The Gambia in line with the consultative process that led to the inclusion of these same proposals in the 2020 Draft Constitution,” said Hon Njai.
Currently, there are six women Parliamentarians in the National Assembly of which three are elected members namely; Hon Fatoumata Jawara of Talingding, Hon Fatoumatta Njai of Banjul South, Hon Kaddy Camara of Foni Bondali; and three Nominated NAMs namely; Hon Speaker of the House Mariam Jack Denton, Hon Ndey Yassin Secka from the Disability Society and Hon Yakumba Jaiteh.
This means that only 10.3% of NAMs are women. If the Constitution (Amendment) Bill is passed and 16 seats are provided for female NAMs that will increase the percentage of female NAMs from 10.3% to 22.5%. During consultations organised by the CSO Gender Platform and attended by the Chairperson of the Independent Electoral Commission and NAMs, it was agreed that the amendments will not take effect for the 9th April 2022 Parliamentary Elections. However, if passed the amendments will take effect in the April 2027 Parliamentary Elections.
It can be recalled that on 14th September 2021 the National Assembly could not proceed with its sitting as there were insufficient number NAMs in attendance. Given the precedent, it’s left to be seen if sufficient NAMs will be in attendance on Monday 21st February for a vote to proceed on the second reading of the Constitution (Amendment) Bill.