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| T O P I C R E V I E W |
| Momodou |
Posted - 20 Oct 2018 : 12:00:47
CONSTITUTIONAL REVIEW COMMISSION
FREQUENTLY ASKED QUESTIONS [FAQs]
1. HOW WAS THE CONSTITUTIONAL REVIEW COMMISSION ESTABLISHED?
The Constitutional Review Commission (CRC) is established by an Act of the National Assembly of The Gambia known as The Constitutional Review Commission Act 2017. The CRC was formally established as a body in June, 2018. The Members of the CRC were appointed with effect from 1st June, 2018; the Members were sworn into office by the President on 4th June, 2018.
2. HOW LONG DOES THE CRC HAVE TO COMPLETE ITS WORK?
The CRC is required to complete its work within a period of eighteen (18) months. Where the need arises, the President may extend the term of the CRC to a period not exceeding six (6) months, upon the recommendation of the Chairperson of the CRC.
3. WHO ARE THE MEMBERS OF THE CRC? / WHAT IS ITS COMPOSITION?
The CRC comprises 11 Members made up of a Chairperson designated by the Chief Justice, a Vice Chairperson nominated by the Minister of Justice and 9 other Members nominated by the President. All of them were appointed by the President. The members are:
• Justice Cherno S. Jallow, QC (JSC) – Chairperson
• Hawa K. Sisay-Sabally – Vice Chairperson
• Amie Joof-Cole – Member
• Yankuba Dibba – Member
• Janet R. Sallah-Njie – Member
• Salimatta Touray – Member
• Lamin Camara – Member
• Dr. Melville George – Member
• Fatoumata Jallow – Member
• Gaye Sowe – Member
• Yankuba Manjang - Member
4. WHAT QUALIFIED THE MEMBERS TO BE APPOINTED TO THE CRC?
The qualifications for the appointment of the CRC Members are set out in the Constitutional Review Commission Act, 2017. The Members are persons of high professional and moral integrity, with qualification and experience in varied fields that are considered relevant to aid the constitutional review process. All members have a voting right.
5. WHAT IS THE WORK/MANDATE OF THE CRC?
CONSTITUTIONAL REVIEW COMMISSION
FREQUENTLY ASKED QUESTIONS [FAQs]
The main functions of the CRC are to review and analyze the current Constitution, draft a new Constitution for the Republic of The Gambia and prepare a report in relation to the draft Constitution. The report will outline the processes engaged in reviewing and drafting a new Constitution and provide the rationale for the provisions contained in the new Constitution.
6. HOW DOES THE CRC INTEND TO CARRY OUT ITS WORK/MANDATE?
The CRC will carry out its assignment in accordance with the requirements and guidelines provided in the Constitutional Review Commission Act, 2017. It will also engage such other processes, as are not inconsistent with the provisions of the Act, as it considers appropriate. In this context, therefore, the CRC will hold focused and thematic discussions with different stakeholders, consult widely with the general public and conduct civic education on the constitution-making process.
7. WHAT FORM WOULD THESE DISCUSSIONS AND CONSULTATIONS TAKE?
The CRC will adopt different approaches during the constitutional review process. It will invite various stakeholders to submit contributions/suggestions to be considered in the constitution reform process. It will also hold direct face-to-face dialogue with Gambians and other persons who have an interest in the constitution making process of The Gambia. In addition, the CRC will establish its own Website and create a platform through which persons may submit contributions/suggestions on constitutional reform.
8. HOW INCLUSIVE IS THE CONSTITUTIONAL REVIEW PROCESS GOING TO BE?
The constitutional review process will be an inclusive one designed to ensure that every Gambian and any other person who can bring value to the constitution-making process has the opportunity to do so. The CRC Act obliges the CRC to afford the people of The Gambia the opportunity to freely express their opinions and make suggestions on matters they feel should be considered in the Constitution. The CRC will therefore go round the country to receive views from Gambians and will visit every constituency in all the Administrative Regions to afford all Gambians the opportunity to give their input in developing a new Constitution for The Gambia.
9. WILL THIS INCLUSIVE PROCESS EXTEND TO GAMBIANS IN THE DIASPORA?
Yes. Gambians in the diaspora will also be consulted. It is envisaged that the CRC will undertake visits to select countries outside The Gambia with known sizeable concentration of Gambians. In addition, Gambians in the diaspora, whether collectively or individually, will be free to submit contributions/suggestions to the CRC as part of the constitution-making process.
10. HOW INDEPENDENT IS THE CRC?
CONSTITUTIONAL REVIEW COMMISSION
FREQUENTLY ASKED QUESTIONS [FAQs]
The CRC is an independent body. Pursuant to the Constitutional Review Commission Act, 2017, the CRC, in carrying out its work, is not subject to the direction and control of any person or authority. As an institution, it is guided by the following core
Source: Sainey MK Marenah |
| 2 L A T E S T R E P L I E S (Newest First) |
| Momodou |
Posted - 24 Oct 2018 : 21:23:26
Republic of The Gambia
Constitutional Review Commission
Press Release
For Immediate release
October 24, 2018
CRC Set to Commence Public Consultations on Monday
Kotu, The Gambia- The Constitutional Review Commissions (CRC) is set to commence its public consultations in the North Bank Region from Monday, 29th October and the public consultation is expected to last in June 2019.
Briefing journalists at a news conference held at CRC secretariat in Kotu on Wednesday, the CRC Chairman, Justice Cherno Sulayman Jallow, said the in-country public consultations will be done in phases at district and ward levels with a view to engaging the populations and thus, make the process as inclusive and participatory as possible.
The public consultations, he added, will involve, among others, inviting written contributions, responses to questionnaires, focused and thematic reviews, face-to-face dialogue and contributions through the CRC website which is under construction.
The public consultative process would also incorporate the views and aspirations of Gambians living in the Diaspora and it will cover some countries in Africa, Europe, Middle East, some states in the United States of America as well as Canada.
“As a safeguard and with the objective of ensuring that all Gambians and each community has the opportunity to express opinion on the constitution-making process, we are considering providing a separate platform whereby persons and communities that feel that their views may not have been properly or adequately represented at the public consultations to seek special audience with the CRC and we will do our best to accommodate them,” he assured.
The chairman announced that the Commission and National Council for Civic Education (NCCE) will start a civic education tour on Wednesday, 24th October, to prepare the regional communities and set the ground and the tone for the public consultations to follow.
Justice Jallow said the Commission has deployed 12 regional coordinators to their respective regions to commence their regional work and prepare the ground for the CRC-NCCE civic education tour and the CRC public consultations.
The chairman said the CRC with the cooperation of the National Council for Civic Education, embarked on a nation-wide pre-consultation tour covering all of the seven administrative regions in The Gambia as part of its strategic objective of ensuring a positive and meaningful engagement with Gambians.
The CRC has published an Issues Document as part of our engagement process with the Gambian public and other stakeholders.
Justice Jallow said the Issues Document has been designed and developed by the Commission to initiate dialogue on key constitutional matters which Gambians and other stakeholders may wish to address their minds to.
He noted: “I should point out and emphasize that the Issues Document should not be taken or viewed as constraining the thoughts of Gambians and other stakeholders as regards the issues that should be considered in developing the new Constitution for The Gambia. Rather, the Document must be viewed simply as a guide in initiating dialogue, and we welcome further thoughts not addressed in the Document.”
In addition to the Issues Document, the chairman said the CRC, partnering with International IDEA, is developing a questionnaire which will be used to carry out a survey on key issues of constitutional law.
He added that the questionnaire, a draft of which is currently reviewed and finalized, will map out in simple form issues that require positive or negative responses and, in a few areas, require only brief responses.
While seeking the public’s cooperation in facilitating responses to the questionnaire, the chairman hoped that the method will further enable the CRC to make an objective assessment of the interests and aspirations of the Gambian people towards the constitution-making process.
Speaking on challenges, Justice Jallow said securing adequate financial resources has, unfortunately, become one of the biggest challenges the Commission is currently grappling with as it endeavors to implement its Action Plan, carry out interface consultations with the Gambian public at home and abroad and run the Secretariat smoothly.
Considering the short window of eighteen months within which the CRC is to deliver on its mandate, the chairman said it is crucial that the Commission’s work is not hampered by unnecessary bureaucratic processes and procedures which have the potential to slow down the progress of the Commission’s work.
Justice Jallow reiterated that the constitutional review process is open, transparent and impartial and that the process will be guided by the principles of participation, inclusiveness, representation, transparency and national ownership.
For further information, Contact CRC Communication Unit
Sainey MK Marenah
Head of Communications
Constitutional Review Commission
Futurelec Building, Kotu
+2203420440
Futurelec Building, Bertil Harding Highway, Kotu – Kanifing Municipal Council – The Gambia
Tel: +220 9807525; 3773077 Email: crcgambia@gmail.com, Twitter: crc@gambia |
| Momodou |
Posted - 24 Oct 2018 : 21:21:40
REPUBLIC OF THE GAMBIA
Constitutional Review Commission (CRC)
CRC – MEDIA DIALOGUE
STATEMENT BY THE CHAIRPERSON
Justice Cherno Sulayman Jallow, QC (JSC)
VENUE
CRC SECRETARIAT
FUTURELEC BUILDING
Bertil Harding Highway, Kotu
October 24th , 2018
Distinguished Ladies and Gentlemen of the Media,
Good Morning.
First of all, I have the honour and pleasure to welcome you all to the Secretariat of the Constitutional Review Commission (CRC) on behalf of my colleague Commissioners and to this CRC- Media dialogue which will serve as a forum for us all to have an interesting and interactive dialogue about the important work that we are jointly engaged in.
As I emphasized in previous press conferences, we as a Commission are committed to continue and sustain the cordial, sincere and mutually supportive relationship that the CRC has established with the media. We are cognisant of the important and strategic role the media play in informing, educating and conscientiously keeping abreast Gambians to enable them participate actively and constructively in the constitution-making process. Through its open door policy, the CRC has endeavoured since its inception, to provide information to the media to enable them to provide factual, accurate and timely information about the constitutional review process and to strengthen and lend credibility to public outreach activities, civic education and the public consultation processes. As a Commission, we acknowledge your commitment and value the partnership that we have. It is in this context that the CRC deemed it important and crucial to invite the media to participate in the recently concluded training workshop organized for all CRC staff last week (16-19 October), which was jointly facilitated by the CRC and International IDEA. Your participation was very engaging and we hope that this partnership that we have forged together will become stronger as we continue the constitutional review process guided by a high level of participation, inclusiveness, independence and transparency.
We have therefore invited you here today as part of our media engagement and dialogue strategy to exchange, update and clarify issues relating to the ongoing work of the CRC, some of the challenges, and the way forward.
SCOPE OF WORK
Progress made so far
• As part of its mandate, the CRC has now established a fully functional Secretariat to facilitate the work mandated under the Constitutional Review Commission Act, 2017. The process of recruitment of support staff for the Secretariat has been completed and the Commission has now set up a permanent Secretariat in which we are holding this dialogue. This will help ensure the independence of the Commission and a better facilitation of the Commission’s work, accessibility by members of the public to the Commission and adequate space for consultations and meetings as required.
• The Commission continues to hold its sittings, coupled with the finalization of key strategic protocols and documents to guide its work and facilitate the execution of the constitutional review process.
• From 26th September to 2nd October 2018 the CRC and its Secretariat staff, with the full cooperation of the National Council for Civic Education headed by their Chairman, Alhaji Seringe Fye, embarked on a nation-wide pre-consultation tour covering all of the seven administrative regions in The Gambia as part of its strategic objective of ensuring a positive and meaningful engagement with Gambians. The purpose of the pre-consultation meetings was, among others, to sensitize Governors, traditional rulers and women and youth representatives on matters concerning the Constitution as they relate to or affect the people within their regions; to explain the essence and process of constitutional review and how the Gambian community can aid the process of constitutional reform, as well as to develop a partnership with these regional leaders whereby their communities remain engaged and continuously sensitised on matters of constitutional review leading up to the finalisation of the draft new Constitution. The participatory bottom-top consultative approach process with decentralized authorities and structures will ensure that a new Gambian Constitution will be designed and developed upon the spirit of collective participation and all-inclusiveness.
• From 16th to 19th October, the Commission organized a training and orientation workshop on the CRC Act, Strategies, Code of Conduct and Action Plan as well as issues relating to constitution making for all CRC staff and some media partners which was jointly facilitated by the CRC and International IDEA. The training was well-received and the participants were very engaging.
• The CRC has deployed 12 regional coordinators to their respective regions to commence their regional work and prepare the ground for the CRC-NCCE civic education tour and the CRC public consultations. The CRC expresses its gratitude to the regional Governors who have each agreed to provide office space to our regional coordinators, although in some cases the CRC has to refurbish the office space and provide furniture.
• The CRC-NCCE civic education tour is set to commence today Wednesday, 24th October and will prepare the regional communities and set the ground and the tone for the public consultations to follow. This process will commence in the North Bank Region and continue to the other Regions until the end of the domestic public consultations.
• The CRC public consultations are set to commence in the North Bank Region from Monday, 29th October and are expected to last through to the middle of January, 2019. In-country public consultations will be done in phases at District and Ward levels with a view to engaging the populations and thus, make the process as inclusive and participatory as possible.
• The public consultations will involve, among others, inviting written contributions, responses to questionnaires, focused and thematic reviews, face-to-face dialogue and contributions through the CRC website which is under construction.
• The public consultative process would also incorporate the views and aspirations of Gambians living in the Diaspora and it will cover some countries in Africa, Europe, Middle East, some states in the United States of America as well as Canada. We have prepared a draft list of countries and states within the USA for the public consultations with Gambians in the Diaspora which we hope to finalise and publish as soon as we are able to confirm the availability of funding for that aspect of our public engagement.
• As a safeguard and with the objective of ensuring that all Gambians and each community has the opportunity to express opinion on the constitution-making process, we are considering providing a separate platform whereby persons and communities that feel that their views may not have been properly or adequately represented at the public consultations to seek special audience with the CRC and we will do our best to accommodate them.
• We had in the last week published the CRC Issues Document as part of our engagement process with the Gambian public and other stakeholders. The Issues Document has been designed and developed by the Commission to initiate dialogue on key constitutional matters which Gambians and other stakeholders may wish to address their minds to as we journey together in building a new Constitution as mandated under the Constitutional Review Commission Act, 2017. I should point out and emphasize that the Issues Document should not be taken or viewed as constraining the thoughts of Gambians and other stakeholders as regards the issues that should be considered in developing the new Constitution for The Gambia. Rather, the Document must be viewed simply as a guide in initiating dialogue, and we welcome further thoughts not addressed in the Document.
• In addition to the Issues Document the CRC, partnering with International IDEA, is developing a questionnaire which will be used to carry out a survey on key issues of constitutional law. The questionnaire, a draft of which is currently reviewed and finalised, will map out in simple form issues that require positive or negative responses and, in a few areas, require only brief responses. This method, we hope, will further enable the CRC to make an objective assessment of the interests and aspirations of the Gambian people towards the constitution-making process. The Commission therefore seeks, in advance, the public’s cooperation in facilitating responses to the questionnaire.
CHALLENGES
What are some of our challenges?
Like any new endeavour, there are bound to be some initial challenges. The CRC has its challenges. These challenges may be characterized as follows:
• Financial independence- Pursuant to the CRC Act, 2017, the funds of the Commission are to consist of monies appropriated to the Commission by the National Assembly and donations received from any lawful source approved by the Minister. The Commission, through support from the Attorney General’s Chambers and Ministry of Justice, has established two independent CRC accounts with the Central Bank of The Gambia. Considering the short window of eighteen months within which the CRC is to deliver on its mandate, it is crucial that the Commission’s work is not hampered by unnecessary bureaucratic processes and procedures which have the potential to slow down the progress of the Commission’s work; this compromises the assurance of proper efficiency and effectiveness. This is not only recognised by the Hon. Attorney General and Minister of Justice whose full personal support the Commission has, he is also working feverishly to ensure the objective of financial independence and a better facilitation of the work of the Commission.
Resources- Securing adequate financial resources has, unfortunately, become one of the biggest challenges the Commission is currently grappling with as it endeavours to implement its Action Plan, carry out interface consultations with the Gambian public at home and abroad and run the Secretariat smoothly. The timeframe for the public consultations is from October 2018 to June 2019.
Since its inception, the CRC has been operating on ad hoc funding. This has the potential to compromise long term planning and ensure the CRC keeps to the terms of its Action Plan. I am personally in regular dialogue with the Hon. Attorney General and Minister of Justice (under whose portfolio this project falls) on this matter and I can assure you of his unflinching support in securing necessary adequate funding for the Commission. My personal assessment is that he is equally frustrated by the bureaucracy. The Commission remains optimistic that the ad hoc funding it is currently experiencing will be sorted out soon to ensure better long term planning and due execution of the Commission’s Action Plan.
Ladies and Gentlemen of the Press, before I conclude, let us quickly remind ourselves once again that the mandate of the CRC is to draft a new Constitution for the Republic of The Gambia and to prepare a report in relation to the draft Constitution. The constitutional review process will be an inclusive one designed to ensure that every Gambian at home and abroad and any other person who can bring value to the constitution-making process has the opportunity to do so.
CONCLUSION
In conclusion, let me reiterate once again that the Commission is independent and does not represent any particular interest group. The constitutional review process is open, transparent and impartial and that the process will be guided by the principles of Participation, Inclusiveness, Representation, Transparency and National Ownership.
Ladies and Gentlemen of the Media, I thank you very much for honouring this invitation and we look forward to more interactions with you in the future.
Thank You for your time and attention.
CRC-MEDIA DIALOGUE OCTOBER 24th 2018. STATEMENT BY CHAIRPERSON#8203;! |
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