By Yusef Taylor, @FlexDan_YT
The Gambia’s Constitutional Review Commission (CRC) published its final Draft Constitution on March 31st 2020 despite the ongoing Corona Virus Pandemic. The press conference for the 2020 Draft Constitution which cost less than D117 Million Dalasis was streamed online because of an Executive ban on public gatherings, as efforts mount to contain the virus. The constitution which includes progressive provisions to secure religious and ethnic diversity failed to prescribe the Vice President as a running mate in future Presidential Elections.
No Presidential Running Mate
According to provision 110 of the 2020 Draft Constitution, the President shall appoint a Vice President which satisfies the qualification to be President within 14 days of assuming office. This begs the question if it’s reasonable for the power to decide the next to succeed the President to be vested in the President alone? This, in turn, provokes the question if The Gambian people reserve the right to assess each Presidential Candidate’s running mate prior to the polls, as observed in Liberia’s 2017 Presidential Elections.
However, if the President wishes to dismiss the Vice President the National Assembly must adopt “a vote of censure against the Vice President in accordance with section 122”. This gives the National Assembly unprecedented powers to censure the Vice President and Cabinet Ministers. The dismissal procedure is also extended to the Cabinet members.
With regards to the date of the election for President, the CRC Chair explained that the Draft Constitution provides that Presidential election is to be held six weeks before the term of the incumbent president expires. Double the three weeks election period provided for in the 2019 Draft Constitution. This is in line with recommendations from Civil Society groups citing the practicality of conducting an additional by-election if 50+1 is not achieved in the first round.
CRC 2020 Draft Constitution, Provision 2 (1) “All sovereign power belongs to the people of The Gambia from whom all organs of government derive their authority and shall be exercised only in accordance with this Constitution.”
Religious and Cultural Diversity, National Security
The big question facing the Draft Constitution will be around the word Secular. During the CRC Chairperson’s opening remarks, Justice Cherno Jallow was quick to address this early on, highlighting that “a new provision has been added to declare the Gambia comprises people of different faiths and each faith is to be respected and treated fairly without any discrimination”.
“Under section 88 Subsection 5 paragraph b of chapter 8 provision is made that the President cannot exercise any power and that is any president cannot exercise any power to establish any religion as a state religion.”
The 2020 Draft Constitution also provides certain protection of ethnic and cultural diversity. In this regard, Justice Cherno Jallow outlined that “section 12 of the 2020 Draft Constitution declares that culture and respect for ethnic and religious diversity is the foundation of our nation and the cumulative effect of The Gambian people and the nation”.
“Accordingly, the provision amongst other things obligates the state to recognize the ethnic and religious diversity of the Gambia in which all faiths are treated fairly to ensure peaceful existence between all ethnic and religious groups.”
Turning his attention to National Security matters, Justice Jallow explained that “the chapter on national security has been revised slightly to reduce the composition of the national security council and remove from members of the internal security service commission the relevant security institutions. This is designed to increase transparency and better governance.”
During a review of the 2019 Draft Constitution with members of the media and Civil Society, it was observed that the word security was missing at the end of provision 132 subsection (3) which outlined the governing principles of Parliamentary Governance. Provision 132 (3) of 2019 Draft Constitution read “the National Assembly, as an institution, represents the diversity of the people of The Gambia to whom it has the distinct responsibility of providing good leadership and taking appropriate measures to foster national cohesion, unity and peace.”
The revised provision can now be found below in provision 134 subsection (3) of the 2020 Draft Constitution.
“Every Tax imposed must have a prospective effect and not a retrospective effect.” CRC Chairperson, 2020 Draft Constitution, Provision 240 (1) b
2020 Constitutional Referendum?
Yusef Taylor: Initially the CRC promised to submit the New Constitution in late December 2019 and has extended until March 2020. Some Civil Society advocates have raised concerns that this has reduced the possibility of a Constitutional Referendum taking place this year. Has the delay from the CRC made it more difficult to pass the Constitutional Referendum this year?
CRC Chairperson Justice Cherno Jallow: Well that’s Mr Taylor’s opinion am not sure it’s an opinion I will share the fact of the matter is everything we’ve done we’ve done within the ambit of the CRC Act we have never gone beyond our mandate. The CRC Act gives us 18 months to deliver but it also gives us an additional six months where we can continue with the process to conclusion. We have completed it well in advance of the period that has been, obligated under the CRC Act. So, you know opinion is one thing reality is another thing but the fact of the matter is the CRC is in full compliance with this mandate under the CRC Act.
Yusef Taylor: Has the President’s office or the Attorney General provided any indication when the Constitution will be forwarded to the National Assembly for Parliamentary Approval?
CRC Chairperson Justice Cherno Jallow: He should have addressed that question either to the President or the Hon Attorney General Tambedu. No that’s not a matter and certainly, there has not been any indication to me. There has not been an indication to me and I don’t think that is a matter for the CRC.
CRC 2020 Draft Constitution, Sovereignty of the people