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| Momodou |
Posted - 26 Aug 2020 : 15:06:03
CAPACITY BUILDING WORKSHOP ON THE DRAFT CONSTITUTION
FOR THE National Council Council Education (NCCE) STAFF
Statement by Justice C. S. Jallow QC (JSC)
Chairman CRC
25th August, 2020
1. Thank you Alh. Sering Fye, Chairman of the NCCE, for kindly inviting me to make a short statement at this Workshop. I recognise the virtual presence of the UNDP Resident Representative, the Chairman of the NHRC, my own CRC Commissioners and all participants. A good morning to you all.
- I welcome the purpose for organizing the Workshop and, in particular, commend the NCCE for always taking their responsibilities dutifully. I can attest to this and express it with pride, because as Chair of the CRC I have had firsthand experience working with Alh. Sering and his able and committed team.
- From the inception of its work to carry out its mandate under the CRC Act, 2017, the CRC saw the invaluable need to form a partnership with the NCCE to help guide the CRC¡¦s public consultation process. We were able to rely on the knowledge and expertise of the NCCE Chair and his able team to reach the Gambian population and engage in meaningful dialogue regarding their wishes and aspirations that they would like to have incorporated in the Draft Constitution (DC).
- Since the commencement of their involvement in the process leading to the preparation of the DC, the NCCE had recognised the pivotal role they had to play beyond the writing and presentation of the DC. They recognised their role of disseminating information and properly informing on the provisions of the DC.
- As we work towards the logical conclusion of the DC as provided in the CRC Act, 2017, we recognise the importance of continued cooperation amongst all key players that have contributed so immensely in the development of the DC.
2. In that context, I also recognise and commend the invaluable efforts the UNDP has expended and indeed continues to expend in the development of the DC and having its contents properly disseminated to the wider Gambian community. The UNDP was pivotal to the work of the CRC; they started and remained with us from the beginning to the end when the DC and the accompanying Report were presented to the President of the Republic. I therefore commend the Resident Representative for the support of the UNDP to the NCCE as part of the ongoing developments relating to the DC.
3. The CRC had engaged various platforms to reach as many Gambians as possible in order to obtain wide-ranging opinion as regards what should be covered in the DC. The participation was very active, very engaging, very positive and very illuminating, especially for those of us that were tasked to review the 1997 Constitution in order to write a new one. We ourselves learnt a lot and were quite impressed with the brilliance of the ideas that came from our people. It was those ideas that helped to shape the provisions contained in the DC.
4. We also researched the best sources that articulate constitutional matters ¡V from academia to treaties to international best practices. As with every serious constitution-writing process, we looked to jurisdictions that share the same or similar legal systems to learn from their efforts and, where we considered it necessary and appropriate, we adopted or adapted their tried and tested experiences as enshrined in their Constitutions or other laws. Where we needed to craft entirely new provisions specific to our circumstances to meet the public¡¦s wishes and aspirations, we did so. We contextualized every single provision contained in the DC and none can be said to be inapplicable in the circumstances of our country. All this while we had two UNDP experts who brought their brilliant thoughts to the drafting of the DC. This was in addition to other international expertise we had at our disposal to consult with and guide the drafting process. The process was indeed enriched by varied resources and expertise.
5. One of the things we at the CRC decided upon early on, following our appointment to review the current Constitution and write a new one, was that we would endeavour to write a Constitution that was self-explanatory, simple to read and understand (save for technical matters) and free, to the extent possible, from ambiguity and varied interpretation of its provisions. We knew this was never going to be easy, but with 4 drafting experts on the team guided by other critically-thinking Commissioners and external experts, we also knew it was not insurmountable. That, in part, explains the size of the DC. Our people deserve to pick up the DC to read and understand it for themselves. A Constitution ought never to be treated as a lawyer¡¦s document and therefore a lawyer¡¦s preserve only. It should be a document for the people it is written for. If the Constitution is written in unfriendly and complex and unclear language, then its value as representing the wishes and aspirations of the people for whom it is written is diminished.
6. This brings me to a subject that I consider particularly important in the Gambian context and especially for this Workshop. The Gambian people need to understand the provisions of the DC as articulated therein. They do not deserve to be confused. There is therefore immense value in ensuring an accurate rendition of the provisions of the DC the way they are written and presented. The messaging must be uniform. Where explanations need to be provided to illustrate a provision, that illustration must be relevant and to the point. Civic education is key to a good understanding of the DC.
7. The DC is not perfect and never was meant to be. Indeed no matter how hard we had worked, we would not have been able to achieve perfection. Every Constitution that had been developed in the course of history, whether of this country or some other country, represented differing opinions that had been shaped to what its framers considered as representing the generality of the good of the country, now and going into the future. The DC is no different. It is therefore your duty, as participants of this Workshop, to learn as much of it as possible in an objective manner without in any way being influenced by your personal thoughts. In other words, aim to learn and deliver what the DC says, not what it does not say.
8. I am proud and feel very much at ease that this Workshop is, amongst others, being guided by 3 of my able Commissioners ¡V Commissioner Amie Joof-Cole, Commissioner Gaye Sowe and Commissioner Lamin Camara. Ask them all the questions you need to. I know they will provide you with the relevant answers.
9. I am equally elated by, and truly appreciate, the involvement of the NHRC in guiding this Workshop on the subject of human rights and, in particular, looking at Chapter VI of the DC. Chairman Emmanuel Joof and his team, with whom we at the CRC were privileged to meet and who contributed in no small measure to the ideas contained in the DC, provide an invaluable resource and I have no doubt they will guide you all well.
10. In conclusion, I once again express thanks to Alh. Sering and his team and the UNDP for hosting this Workshop. As a nation and as experts in our various fields, we owe the Gambian people the duty to inform them of the provisions of the First Law that is designed to govern them and their country, if adopted. I am pleased to announce that the CRC has just completed the audio translation of the DC into 8 local languages and we expect to make copies of these translations available free to the general public beginning this week. They will also be available online. This is consistent with one of our action points and a major demand of our people during the public consultations, especially by those in our rural communities. It is also consistent with the values of democracy. I urge you all to put the translations into good use.
11. With these concluding remarks, I thank you all for your kind attention, and add my voice to that of the Government and our health authorities to adhere to strict hygiene practices to protect ourselves and each other and ultimately save our families and our country. May the Almighty God, Who has power over all things, continue to guide and protect us and keep this world safe.
12. Thank you. |
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