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| T O P I C R E V I E W |
| Momodou |
Posted - 05 Jun 2018 : 08:50:48
Members of the newly inaugurated Constitutional Review Commission
1) Justice Cherno Sulayman Jallow - Chairperson
2) Ms. Hawa Kuru Sisay Sabally
3) Ms. Janet Sallah Njie
4) Ms. Fatoumata Jallow
5) Ms. Amie Joof Cole
6) Salimatta Touray
7) Mr. Gaye Sowe
8) Mr. Lamin Camara
9) Mr. Yankuba Dibba
10) Dr. Melville O. George
11) Mr. Yankuba Manjang |
| 3 L A T E S T R E P L I E S (Newest First) |
| Momodou |
Posted - 05 Jun 2018 : 15:20:50
Barrow advocates 2-term limits for presidents
The Point: Tuesday, June 05, 2018
http://thepoint.gm/africa/gambia/article/barrow-advocates-2-term-limits-for-presidents
President Barrow has said he shares the view as some other Gambians do, that a two-term limit for all heads of state of the republic should be entrenched in the new Constitution set to be drafted.
The mandate of this Commission is to review the 1997 Gambian Constitution and to craft and submit a draft Constitution for the Third Republic based on due consultations with Gambians.
Speaking at the swearing in of the 11-member Constitutional Review Commission this morning at State House, President Barrow further urges Gambians to uphold their sovereignty as a nation, and devise a framework that suits their circumstances.
After attaining independence from Britain in 1965, The Gambia had a Republican Constitution in 1970. In July 1994, former President Yahya Jammeh suspended that constitution and brought in the 1997 Constitution which witnessed numerous amendments within two decades’ rule.
In June 2017, the Ministry of Justice convened a national consultative conference to discuss the constitutional reforms for a ‘new Gambia’. In this event, some 500 participants were drawn from across the country to discuss a way forward. The outcome consensus was that the country needed a new constitution since numerous amendments would be required to bring it up to international standards of good governance.
The president told the commission members that the new legal document should protect the citizens against governments entrenching themselves and undermining the desire and will of the people.
“Such protection would allow governments to focus on development, rather than consolidating power to abuse the rights of the citizens. In addition, the Constitution should create the environment for all to enjoy their citizenship and realise their full potentials,” he said.
He said when the coalition government came to office last year, Gambians had already learnt an important lesson from the 2016 Presidential elections in which they realised and used the constitutional power vested in them to root out dictatorship.
“Before that event, our collective experience was one of suppression and bitterness; hence, the journey to regain our freedom and democracy has been risky and difficult,” he noted, adding that the move is crucial to the efforts to put the country on the path to peace, freedom and prosperity with a strong constitutional foundation.
Attorney general and Minister of Justice Abubacarr Tambadou said the event was a fulfillment of another election promise made by the president in 2016. “Five of the 11 members are women, while youths and diaspora have all been represented in accordance with government’s empowerment policy,” he said.
Mr. Tambadou challenged the Commission to produce a Constitution that accurately reflects the aspirations of the Gambian people and Constitution that would last a thousand years.
Chief Justice Hassan B. Jallow explained that the task the Commission is embarking on will set out a framework for Gambian citizens and residents and “how we relate with each other in peace and harmony.”
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| Momodou |
Posted - 05 Jun 2018 : 08:56:44
A skewed representation?
By Sidi Sanneh
I do not want to rain on the AG's parade but I think the selection process that constituted the Constitutional Review Commission is skewed in favor of the legal profession, both by the number of lawyers on the Commission and as selectors who are, disproportionately, members of the GBA.
True, the end product of the exercise is essentially a legal document that would require legal crafting by legal craftsmen and women who may, or may not, necessarily be members of the Commission.
Equally important, in our view, is a balanced representation of the other professional groupings and interest groups to provide input for a more balanced document. We welcome the fact that the youth organizations are represented and so are the press and the NGO community.
However, the government missed the opportunity to let the GCCI nominate one of its members to bring in the private sector perspective to bear. What of a representative of a women groups, a member of the farming/rural community, a section of Gambia that provides employment to 70% of Gambians. What about a trade union representative, if the press union can claim a seat at the table?
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| Momodou |
Posted - 05 Jun 2018 : 08:51:40
Building the New Gambia
The Constitution We Want!
By Madi Jobarteh
We are encouraged by the membership of the Constitutional Review Commission for which the Gambia Government deserves commendation for identifying men and women of high calibre and pedigree. Having known many of the members personally and professionally I have all the confidence that this Commission will meet our expectations within the shortest possible time. But to enable this group to perform its functions efficiently it is necessary that each and every citizen actively participates in the process of constitution building.
We must understand that the constitution that is to come is neither the opinion nor the property of this Commission or Pres. Adama Barrow or Justice Minister Baa Tambedou. No. The constitution of a country is the opinion and the property of the citizens of that country. Therefore the new constitution to be drafted by this Commission is the constitution of the people of the Gambia. The Commission is merely to gather our ideas as to what we want to see in our constitution knowing full well that the constitution is ours.
A constitution is not only a legal document that sets the rule of law, but it is also a cultural document that defines the way of life of citizens. By its provisions, a constitution determines what behaviours are proper or improper in the way we conduct ourselves and relate with our fellow citizens as well as how we manage our resources, be they natural or man-made. Furthermore a constitution is a performance tool that sets the targets, guidelines and results that citizens, as private individuals or public officials must perform in the course of their lives and functions. Thus a constitution is an appraisal tool to tell us whether we are making progress or failure.
Above all a constitution spells out the rights that citizens hold as the basis of our sovereignty. Having set the rights we must enjoy, a constitution then establishes the obligations of the State to respect, protect and fulfil those rights of the citizens. For that matter, a constitution is also an accountability tool to tell us whether our rights are being protected or violated and by who and where we can seek redress accordingly.
In light of the above, we therefore should seek a constitution that upholds the sovereignty of Gambian citizens, guarantee our fundamental rights and dignity and places clear duties on the State to respect, protect and fulfil. It is for this reason that each and every Gambian must therefore create all the necessary time and space to take part in the various consultations that this Commission will be having in our communities to seek our ideas. We are a republic which means the sovereignty of the Gambia resides in no one but Gambian citizens. Hence We the Citizens must build our constitution to reflect our republican values and standards if we are going to build a just, equal and prosperous society.
Let us create a constitution that is solid, durable and capable of standing the test of time. We do not need a constitution that is prone to amendment at every parliamentary sitting or at the whims and caprices of a president. In its more than 200 years of existence, the US constitution was amended only 27 times while the Gambian Constitution was amended more than 45 times from 1997 to 2018.
We need a constitution that gives more powers to the parliament and less power to the president. We need a constitution that gives more rights to citizens and make it utterly difficult for the State to damage our rights. We need a constitution that recognises the equality between men and women and reject bigotry and discrimination of any kind but upholds the rights and dignity of all Gambians.
The current constitution fails to recognise several rights of Gambians while at the same time giving more powers to the State over citizens. Furthermore it has given more powers to the president than the National Assembly while giving fewer obligations to the Government. It is precisely because of this anomaly that since Independence the Gambian State has never been relevant, efficient, and useful to the people of the Gambia. Rather the nature of our 1970 and 1997 constitutions were such that they were so weak that they allowed self-perpetuation in power, encouraged corruption and inefficiency in public institutions as well as tolerating patronage and sycophancy in the society. We do not need such a constitution.
We need a constitution that clearly sets the rule of law that ensures the separation of powers is guaranteed and prevent self-perpetuation in power. In other words we need term limits for president. We need a constitution that protects the rights of communities to have more say over their natural resources such that the Government will not hand over our God-given endowments to local and foreign private companies and business to unduly benefit from the people like parasites. We need a constitution that closes every loophole for abuse of power and corruption.
As the basic and supreme law of the land, we need a constitution that clearly reflects our ideals and values and dignity as a sovereign people who live in a multi-ethnic, multi-religious and youthful society. For that matter we need a constitution that will not allow the perpetration and perpetuation of inhuman, exploitative, oppressive and discriminatory ideas, relationships, institutions and practices in our society, be they social, cultural, religious, economic or political. We need a constitution that clearly rejects exclusion and feudalism in favour of equity and inclusion and nurtures democratic culture.
The constitution we want is in our hands. If we fail to participate in the process of its construction, we will have no one to blame but ourselves if we end up with a bad constitution. Pres. Barrow and his Government have done well to create the institution and the process for the building of a new constitution. The task now is for each and every citizen to take ownership of this process in order to build the constitution we deserve and we want.
For the Gambia Our Homeland
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