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Momodou
Denmark
11514 Posts |
 Posted - 02 Oct 2020 : 21:04:08
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Open Letter to President Adama Barrow: Resubmit the Bill for a referendum and let the people decide
Your Excellency, Mr. President:
We write to you, with regards to the recent rejection of the “Promulgation Bill 2020”, which failed to garner the pre-requisite three-quarter majority of the votes needed to progress to a referendum. The rejection of the Bill, which your government tabled, especially given the heightened expectation that at the very least, Gambians would have been given a choice, via a referendum; to decide their fate as to how they wish to be governed is disappointing. Precisely because it was, the very National Assembly that enacted the Constitutional Review Commission (CRC) Act in December 2017 thereby confirming the resolve of the country to have a new constitution that will usher in a Third Republic. In Addition, you assented to the CRC Act in January 2018 and subsequently presided over the swearing-in ceremony of the Commission in June 2018. This profound and far-reaching act indicated clearly the ambition: “to provide for the establishment of a Constitutional Review Commission to draft and guide the process of promulgating a new Constitution for The Gambia”. Its mandate was to draft a new constitution. This process was welcomed because the majority of Gambians agreed in unison, that the 1997 Constitution, as it exists, was unfit for purpose given that it had been amended, and watered down 58 times, by a tyrannical regime, which was ousted in December 2016, when the will of the people had prevailed. This hopeful endeavor sought to define our destiny as a serious nation. We had moved away from pariah status with the ambition to uplift ourselves, under your leadership, and forge the way to cultivating reconciliation, end of impunity and promotion of accountability, the principles of the separation of powers and national unity, cohesion and peace. The importance of ensuring periodic democratic elections based on universal adult suffrage, including the introduction of term limits for serving in the Office of President; our continued secular status [in which all faiths are treated equally and encouraged to foster national cohesion and unity] were also promised. These were the expectations, and the exercise embarked upon by the CRC, with your initial support.
Mr. President: the CRC embarked on two rounds of countrywide public consultations. It ensured that the local government authorities, Seyfos, Alkalos, school administrators and community-based organizations (CBOs) were availed with adequate advance copies of the Draft Constitution in order to facilitate public access and to allow Gambians to familiarize themselves with the proposed provisions and subsequently provide feedback to the Commission.
In total, 198 submissions were received from Government institutions, civil society organizations (CSOs), non-governmental organizations (NGOs), and the private sector. The Commission also held face-to-face meetings with the three Arms of Government: The Executive, The Judiciary and The Legislature. The Commission also dialogued with The Gambia Christian Council (GCC) and the Supreme Islamic Council (SIC).
In the end, it took 18 months and 116 Million dalasi (USD$2.23 million), a colossal sum, well worth it, but only for the efforts to be relegated to the dustbins of history by the National Assembly over a period of less than 72 hours. However, this rejection was simply a formality, because you and your Administration did little to champion, promote, and support this national flagship endeavor. Your Administration and advisers are on record for denigrating the CRC members, whom you whole-heartedly praised at inception, and ultimately as a result the draft, which we, The Gambian people contributed to was torpedoed. It is clear that subterfuge and underhanded methods contributed in no small measure towards the defeat of this important Bill on September 22 2020, which is a day that shall live in infamy.
The draft constitution, cost the Gambian taxpayers millions, and raised expectations among Gambians for 18 months -which is half of your term- and the regional and international community, that also placed their hopes on a renewed Gambia. This aspiration was systematically undermined and belittled at your behest, as each opposing National Assembly Member, who are expected to put the country first, reneged on their obligations.
My President: since the rejection of the Bill by the National Assembly, Gambians are still looking for the leadership from the Presidency, to address the nation on the rejection of the draft constitution and inform us on the way forward. The silence from your office makes us believe that your leadership is in support of the rejection. The National Assembly is an independent institution that is supposed to legislate laws in the best interest of the people they represent. However, the rejection of the draft constitution was politicized, resulting in suppression of the will of the people. The draft constitution might not be perfect, but its content and provisions are incomparable to the 1997 Constitution.
Many of Gambians who supported you in 2016 and your peers are disappointed. The sacrifice and diplomatic support to place ‘boots on the ground’ when ECOWAS intervened to uphold the will of the people that chose a new dawn in a very dark period of its existence should always be remembered. This was a period of immense challenge and uncertainty, and the Gambians entrusted you to guide and follow through with this unique transition. It was a time when tyranny supported by laws of men over laws of institutions was defeated, when the respect for the voices of the citizenry was protected and elevated. It was a time of hope, sacrifice and renewal. That time also came about several weeks ago, when the people spoke and their voices were contained in a 173-page document, through a transparent consultative process at home and abroad. These are the same people that voted in Coalition 2016, which you led, and which promised us new beginnings, starting with a new constitution, and a Third Republic.
It is clear that we have now have to contend with dashed expectations that reforms cannot be effected as expected. These include justice for the victims of human rights violations who have been neglected, and are likely to fall victims again despite the existence of a transitional justice agenda firmly being anchored in a Truth Reconciliation and Reparations Commission (TRRC).
The inequality and inadequate rights guaranteeing high-level representation in the political participatory processes of women, which is addressed in the (rejected) draft constitution, will continue under the 1997 Constitution. The signs also point to impunity reigning supreme under the 1997 Constitution. All indications also point to the lack of effective elections reforms, rightful enfranchisement of the Diaspora, who contribute to more than 20% of GDP through remittances and the alleviating of household poverty, in a country that is still recovering from a battered tourism sector, which is the most vibrant economic sector, and has been further decimated by COVID-19 pandemic. Indications also show that the desperately needed reforms of the civil service and security sector will also be undermined by the fallback position you have chosen- the 1997 Constitution, which is an incubator of weak institutions, where Executive power is given undue advantage over the other arms of government. The retention of archaic and draconian laws that impeded on freedom of speech, assembly, association and expression, will also be further entrenched as we head towards what will prove to be the most delicate, contentious and toxic elections the country will ever witness in 2021. The draft constitution may have smothered such combustible political embers.
Mr. President when you took a second oath at the Independence Stadium, on 19 January 2017 in front of thousands, with millions watching the change of guard, in the smallest of nations, with big dreams and ambitions, you swore to put country first. You stated in the presence of all and sundry your peers included that: “My government will implement comprehensive reforms; this includes constitutional, institutional and legal reform to expand the democratic gains we have made.” We were filled with hope and optimism then, that you shall follow through on your word.
Mr. President, the signatories of this letter believe that what we have in common, as Gambians is more than what divides us. As diverse as we are- politically; socially; ethnically and economically, such diversity is our strength and salvation. We all must start from a place of goodwill and open-mindedness. The beauty of multiparty democracy is that we disagree while never losing sight of the fact that those disagreements are for the betterment of our beloved country, which we must, at all times, put first. We therefore, call for resubmission of the draft constitution to be put to the people to decide their fate, and vote in a referendum as a matter of priority and utmost urgency.
This is the most viable avenue to reduce political tension and rhetoric, which has grown toxic. A referendum will also be a platform that lays the groundwork for a peaceful transition to a new constitutional order. We hope that this clarion call will be supported by your good self, and the administration that you lead for the sake of peace, progress and the transition from the dark days of a 22-year dictatorship, to a new dawn of hope, good neighborliness, tolerance, and real and meaningful change for all Gambians. History will record the legacy of the collective will of Gambians that ousted a 22-year-old dictatorship. However, the question remains to be answered as to what will be your legacy?
Who:
Right 2 Know- (R2K) Gambia, started its work in October 2016, focusing on elections integrity around the then, now famed, 2016 Presidential elections, when Jammeh was ousted from power. Our membership/following has since grown to 4,800 people. The founders are a grouping of individuals with professional backgrounds ranging from geology, demographics, economics, international relations and law, communications, and academia. All members are human rights activists. We are located in The Gambia, US, UK, West and Southern Africa. We are a non-partisan entity that focuses on rule of law and democracy, good governance, human rights and the principles of access to information and freedom of expression.
The Gambia Press Union (GPU) is a trade union for journalists in the Gambia. It was established in 1978 by a group of journalists, led by the veteran Gambian journalist and publisher William Dixon Colley (1913-2001).Other co-founders included Deyda Hydara (1946-2004), Melvin B. Jones and Pap Saine. Around 200 journalists in the field of print and electronic media are registered members of the GPU.
The Democratic Union of Gambian Activists (DUGA)- is an umbrella movement to unite Gambians in North America (US and Canada), Europe and Africa, mobilizing citizens to achieving the goal a sustainable democracy in The Gambia.
Gambia Participates- promotes accountability policies and institutions that will prevent the occurrence of corruption. The organization also work on budget transparency, elections and participatory democracy by engaging community and policy makers.
Team Gom Sa Borpa-is a youth movement dedicated to raising awareness and participation among young people through Art and supporting their interest in the development of The Gambia.
Institutions and Diplomatic Missions to which this open letter is copied:
African Commission for Human and Peoples’ Rights- Commissioner Jasmina Essie King
African Union Commission- H.E. Moussa Faki Mahamat
African Union Commissioner for Political Affairs- H.E. Cessouma Minata Samate
British High Commissioner to The Gambia- H.E. David Belgrove OBE
ECOWAS Commission- H.E. Jean-Claude Brou
EU Delegation to The Gambia- H.E. Attila Lajos
UNOWA- H.E. Mohamed Ibn Chambas
US Ambassador the United States of America to the Republic of The Gambia- H.E. Richard Paschal
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Open Letter to President Adama Barrow: Resubmit
