D’constitution stunningly richocets as 23 MPs including all eight MPs sacked by UDP vote against 116-million-dalasis-document
By Lamin Njie
Twenty-three MPs on Tuesday voted against the draft constitution after days of debate that will be remembered for its bitter wrangling.
MPs have since last week been stating their position on the now-doomed draft constitution after a bill was brought before them by the Attorney General and Minister of Justice. A ‘YES’ vote would have paved the way for a referendum and possibly a new constitution that could birth a new Gambian republic.
A vote was however taken on Tuesday after all the MPs gave their opinion on the bill dubbed ‘Constitution Promulgation Bill 2020’ but it failed to secure the backing of the required number of MPs – 42 – effectively confining it to history.
Upper Fulladu West MP Sanna Jawara voted for the draft constitution and he told The Fatu Network he felt disappointed.
“After all the efforts, after everything that’s gone into it, unfortunately [it’s] just come down to this,” Jawara said.
Kantora MP Billay Tunkara is among the eight erstwhile UDP MPs who voted against the bill and he told The Fatu Network: “It’s a series of reasons why I chose to say ‘NO’. One of it is that I don’t want to partake in any constitutional violation. That is Section 100 did bar parliament from passing any retrospective law.”
The ‘NO’ vote means the draft constitution will not be presented to President Adama Barrow for his signature and a referendum would now not be held.
Breaking news: Draft constitution falls flat on its face as only 31 NAMs vote in its favour
By Lamin Njie, at the National Assembly
The draft constitution has sensationally failed to get its way through the national assembly after it failed to secure the backing of 42 members.
Twenty-three MPs on Tuesday voted against the draft constitution after days of debate that will be remembered for its bitter wrangling.
MPs have since last week been stating their position on the now-doomed draft constitution after a bill was brought before them by the Attorney General and Minister of Justice. A ‘YES’ vote would have paved the way for a referendum and possibly a new constitution that could birth a new Gambian republic.
A vote was however taken on Tuesday after all the MPs gave their opinion on the bill dubbed ‘Constitution Promulgation Bill 2020’ but it failed to secure the backing of the required number of MPs – 42 – effectively confining it to history.
Upper Fulladu West MP Sanna Jawara voted for the draft constitution and he told The Fatu Network he felt disappointed.
“After all the efforts, after everything that’s gone into it, unfortunately [it’s] just come down to this,” Jawara said.
Kantora MP Billay Tunkara voted against the bill and he told The Fatu Network: “It’s a series of reasons why I chose to say ‘NO’. One of it is that I don’t want to partake in any constitutional violation. That is Section 100 did bar parliament from passing any retrospective law.”
The ‘NO’ vote means the draft constitution will not be presented to President Adama Barrow for his signature and a referendum would now not be held.
President Barrow shares with United Nations the reason why Gambia took decision to join the multi-lateral organisation
The Gambia took the decision to join the UN in 1965 in support of the collective search for solutions to global challenges through diplomacy, international legitimacy and respect for International Law, President Adama Barrow has told the United Nations.
Speaking virtually at the 75th anniversary of the founding of the UN on Monday, President insisted the grouping ‘proudly’ has a lot to celebrate as the ‘premier’ global diplomatic institution with the legitimacy to address global challenges, in seven and a half decades of its existence.
The president while carrying the nation’s greetings to the UN said: “Looking back, the United Nations promoted and supported the decolonisation agenda, resulting to its growth from fifty-one (51) founding Member States to one hundred and ninety-three (193) today. This is a remarkable milestone achievement, which speaks to the consolidation of global governance.
“The Gambia took the decision to join the UN in 1965 in support of the collective search for solutions to global challenges through diplomacy, international legitimacy and respect for International Law.
“As we celebrate today, we ought to reflect deeper in order to evaluate the Organisation’s successes, setbacks, shortcomings and, most importantly, how to re-construct it functionally to evolve into the World Body we want for the future.”
Draft Constitution: Gambia For All warns that an opportunity to correct the course should not be squandered by few
Gambia For All has called on members of the national assembly to put country first in their role over the draft constitution.
The draft constitution is being debated by MPs and a vote in favour of it will set the stage for a referendum which could birth a so-called ‘New Gambia’.
The MPs have however been bitterly split over the document sparking fears it could be voted down.
One of the country’s newest political parties have joined calls for the MPs to vote in favour of the document.
Gambia For All said in a statement: “Now that the review process has reached the People’s house, the aspirations of the people of The Gambia cannot be secondary to any other interest, be it political or personal, the People of the Gambia must have the final say in how they would like to be governed. What is at stake is far more important than the outcome of the coming election cycle or the one after that. The future of our children, grand-children and the survival of our nation is at stake. An opportunity to correct the course, after two decades of injustice and destitution, should not be squandered by the few.
“The GFA urges the current administration not to interfere with the process. Bribery and any form of intimidation of National Assembly Members, (NAMs), will not only be immoral but a violation of the law. We are also appealing to NAMs to put country first and we wish to remind them that they are representing their constituency not only those that voted for them. Cleary, the decisions the NAMs, make today will forever impact the lives of our people for the unforeseeable future.
“It is against this backdrop that the Gambia For All party, (GFA), wholeheartedly supports the new draft constitution and strongly urges all NAMs to do the same.”
Foreign journalists including three Gambians covering US elections get introduced to the nation’s electoral system
By Lamin Njie
Foreign journalists covering US elections 2020 have been taken through America’s electoral system – officially raising the curtain on an eight-week virtual reporting tour program.
The United States government through the Foreign Press Centers is partnering with Meridian International to bring the world closer to its elections in November, by relying on journalists around the world to explain the moment to their countries and peoples.
On Monday, Lamin Njie (Editor in chief, The Fatu Network), Kebba Jeffang (The Chronicle) and Fatoumata Ceesay (GRTS) joined over 220 journalists that have been selected by the US government through its Embassies and Consulates in a maiden press briefing where they got introduced to the US electoral system.
“We’re a federal system. The founders of our Republic decentralised authority significantly, in creating a constitutional system, which means they gave an enormous amount of independent power and authority to state and local governments,” Dr Mark J. Rozell who is a founding dean at the Schar School of Policy and Government, George Mason University in Arlington Virginia told foreign reporters during the press briefing on Monday.
The system is the outcome of an 18th century constitution, with the idea centering around fracturing power in many different directions in order to ensure no one group holds all the power in the country.
“There was very deep distrust at that time of central government authority. Remember we had been under British monarchy and those who founded our republic did not want strongly centralised authority and therefore they gave a lot of independent power to sub-national units,” Dr Rozell said.
America’s electoral system is somewhat different from that of many federal democracies around the world; the country elects a president according to each state.
“We don’t have as you know, a national popular vote for the presidency. We have a national popular vote total that says that Hillary Clinton got three million more votes than Donald Trump or in the year 2000 that Al Gore got a half million more votes than George W Bush,” Dr Rozell said
“But we have what is called a state-by-state, winner-takes-all system where each state is assigned a number of electors to our electoral college and a candidate who wins the popular vote within each state takes 100pc of electors to the electoral college,” he said. The electoral college has 538 votes and a candidate must get 270 votes in order to win the election.
The November 3 poll is one of the most important political events in America – coming when the world is battling the deadly coronavirus pandemic.
America is one of the countries that have been hit hardest by the disease; the New York Times reported on Monday, relying on its database, that more than 6,825,700 people people been infected with the virus as of Monday morning and at least 199,300 200 people have died.
While the public health aspect is weighing heavily on the election, the economic turmoil in the form of the US economy shrinking and millions of people losing their jobs, has also proven to be a key campaign issue for both President Donald Trump and Joe Biden.
Other issues like social justice and now the death of foremost Supreme Court Justice Ruth Bader Ginsburg all matter in the election.
CRC communication chief announces he will stop commenting on National Assembly’s debate on draft constitution after he got pilloried
The head of media and communications at the Constitutional Review Commission has announced he is stopping commenting on the National Assembly’s debate, hours after some MPs accused him of being part of those that have been writing unpleasant comments about them.
MPs such as Alhagie Jawara and Billay Tunkara lashed out at Marenah on Monday as they frowned at Gambians online that are advocating for all the MPs to vote in favour of the draft constitution.
“To my dismay I have seen unpleasant comments even by the press secretary of the CRC making unpleasant comments about members, expressing his dissatisfaction and other things,” Billay Tunkara said Monday.
Marenah posted to his Facebook early Tuesday: “Going forward, I will stop commenting on the current National Assembly debate on the constitutional bill not because I’m scared but for the sake of my Institution, #CRC2020
“As some of you may know, I became the subject of debate among some MPs who branded me as part of group of Gambians putting pressure on them to pass the new constitution bill.
“I want to categorically state that as a professional, I will never interfere in the work of one of the most important organs of government and any such claims are totally misinformed.”
Billay Tunkara uses his opening statement to condemn ‘attacks’ while insisting he sees it as contempt of the national assembly
Kantora MP Billay Tunkara has said he sees the ‘attacks’ against members of the national assembly as contempt of the national assembly.
“I want to use this opportunity to really condemn certain attacks, social media campaign on Facebook, Twitter, writing all sort of unpleasant words or comments against members of parliament,” Tunkara said as he began his contribution on the draft constitution.
He quickly added: “I see it as a contempt of the national assembly. They shouldn’t be dictated, they shouldn’t be harassed or forced or squeezed to the corner just to take a decision.”
He is still speaking…
Breaking: EU delegation, US Embassy, British High Commission and German Embassy call on members of the National Assembly to vote in favour of draft constitution
The EU delegation, United States Embassy, British High Commission and German Embassy have issued a joint call for members of the national assembly to vote in favour of the draft constitution.
NAMs are currently debating the constitution promulgation bill 2020 but there are fears it could be voted down as partisan politics threatens its national assembly survival.
Europe’s top diplomatic guns in the country and the United States Embassy have now joined the fray in calling on the MPs to vote in favour of the bill.
A statement said: “The EU Delegation, the United States Embassy, the British High Commission and the German Embassy urge members of the National Assembly to vote the draft Bill on the revised constitution to progress to the final stages of parliamentary scrutiny.
“The draft constitution is the result of extensive consultations with Gambians across the country and in the diaspora, with significant investment of resources, intellectual discussion and debate by Gambians from all walks of life.
“In order to consolidate the hard won democratic gains in recent years, it is vital to the credibility of the current transition to truly democratic, accountable government that the people of The Gambia themselves are given the opportunity to vote in a referendum on the new constitution.
“Denying them that opportunity is to deny one of the most demanded objectives from the 2016 election, and risks signalling abandonment by this transition government of one of its most significant commitments to the Gambian electorate.”
Civil service chief’s office announces meeting of nation’s top civil servants
The Office of the Secretary General and Head of Civil Service, Office of the President, will organise a two-day Virtual Retreat of Permanent Secretaries on 21st and 22nd September, 2020, according to State House.
The presidency said in a statement: “The forum is an integral part of the Institutional arrangements of the National Development Plan (NDP) for effective monitoring towards achieving its objectives.
“The two-day session led by the Secretary General and Head of the Civil Service, Mr Nuha Touray, will deliberate on progress made by each sector on the relevant NDP Outcomes since the last retreat held in June 2019, at Tendaba.
“The Virtual Retreat will also discuss the initiation of a midterm review of the NDP. In view of the current global health challenges, further deliberations on strategies with the existing pandemic will also be considered.
“An important component of the Civil Service Reform Programme 2018-2027 is the Pay and Grading Reform. During the Retreat, the senior officials will validate a recently concluded pay and grading review, following a job evaluation exercise by the Personnel Management Office.”
‘Come on guys, don’t be silly’: Sanna Jawara sparks commotion after venting his frustration at heckling MPs
Upper Fulladu MP Sanna Jawara said ‘come on guys, don’t be silly’ on Monday after some MPs got on his nerves.
Jawara while rising on a Point of Order as Foni Berefet’s Sunkaru Badjie shared his view on the draft constitution ahead of a much anticipated vote got riled after some MPs insisted he was violating the rule.
“Come on guys, don’t be silly,” Sanna Jawara said as a number of MPs interrupted him as he argued MPs were being allowed to get into clauses of the draft constitution when they are not allowed to do so.
“Listen guys, have decorum,” Jawara blasted further as the heckling continued, and the speaker using the gavel and singling out Kantora MP Billay Tunkara over ‘side meetings’.
A clearly irked Sanna Jawara then said: “And I will take this opportunity to warn the Honourable Member for Kantora to be mindful.”
“He is violating the rule of the parliament,” a defiant Billay Tunkara fired back.
“My point is you have reminded members time and time again that they should not go into the details…,” Jawara then said only for another MP Alhagie Jawara to interrupt on a Point of Order.
“Honourable speaker, let the Honorable Member confine himself. You said Point of Order, you cannot provide correct clause. You don’t know,” MP Majanko Samusa then fierily blasted Jawara.
“Shut up, Shut up,” Jawara fired back.
“You cannot be here disturbing people, distracting people,” Samusa fired back.
Protecting the Integrity, Legitimacy and Citizen Ownership of the Final Draft Constitution
The only reason why NAMs shouldn’t change anything in the Final Draft Constitution is to avoid partisan capture of the document. That is, to make changes that would be perceived to favour one party or politician in one way or another. The consequence of touching the document therefore undermines its legitimacy and integrity. This is because those changes will now be perceived in terms of a particular party or politician’s interest.
Remember, the 1997 Constitution has been nicknamed the ‘Soldier’s Constitution’ or ‘Jammeh’s Constitution’ simply because from the very onset the AFPRC Junta interfered with the draft that was submitted to them by the National Consultative Council in 1996. Since then many citizens lost faith in that constitution. In fact, in the 1996 referendum there was a massive campaign against it as a soldier’s constitution. Twenty six years later today, people still refer to it as ‘Yaya Jammeh’s Constitution’. We should avoid our 3rd Constitution to be impugned as such.
It is obvious that parliaments do comprise several political parties. Thus in many instances issues get politicized and partisan. Thus if NAMs were allowed to touch the document there is no doubt that partisan and personal interests will surface.
Furthermore, if NAMs touch this draft, even with the best of intentions, it will dilute the citizen ownership of the document. It means from that moment, the draft constitution is no more fully reflective of the original opinions of the citizens of this country. Rather it will become a politicized constitution in favour of this or that party. That will make the draft lose its sincerity, genuineness and honour and consequently lose public confidence and ownership of it.
Therefore, let us protect the legitimacy, integrity and the sanctity of the 2020 Final Draft Constitution by preventing anyone from touching it. If we allow changes to the document that seems to favour one party or the other, there is high likelihood that some people will campaign against it as this or that party’s constitution.
Even if it gets eventually approved in the referendum, the constitution will be tainted with that mischaracterization that it is a Barrow or UDP or PDOIS or NRP or GDC or PPP or APRC constitution depending on which side had more influence on it. This is precisely the reason that we must appeal to our NAMs to rather approve the bill so that the Final Draft Constitution goes to a referendum, untouched.
Allowing NAMs to touch the document also creates the risk of promoting a No-Vote in the referendum as voters may see the draft as favoring that party or this party. If the No-Vote wins, it would mean sticking with the obnoxious 1997 Constitution hence a catastrophic failure of ensuring true system change. That means the country is still within the orbit of Dictatorship.
On the other hand, if that draft got approved anyway and becomes the substantive constitution, what that would trigger is a series of amendments in due course by any new government that comes into office with control over the National Assembly. What this means is that we will once again have to contend with an overly butchered constitution just like the 1997 Constitution. This is what will further take away the legitimacy and integrity of our Constitution, thus once again undermine national unity, national security and further polarize our society.
Therefore, let us urge NAMs to protect the legitimacy and integrity of this Final Draft Constitution and maintain the public ownership of it by not touching it but approve the bill and send it to a referendum ASAP.
For The Gambia Our Homeland
……………………………………………..
Madi Jobarteh
LAMIN J DARBO – OPINION: The National Assembly can Lawfully Amend the Draft Constitution
As a national document, a democratic constitution must settle national authority in a manner that avoids concentrating public power in any one segment of a political system. In no small way, the 1997 Constitution of the Republic of The Gambia (the Constitution) comprehensively failed this basic test.
Notwithstanding theoretical delineations between the traditional arms of a democratic polity, and the Constitution’s self-serving claim of separating power, the reality is completely different. Not only are the Legislative and Judicial branches accorded inferior status by making both ultimately answerable to the Executive, critical agencies indispensable to the proper functioning of a democratic state are all similarly degraded. In a nutshell, meaningful national power is entirely concentrated in the Executive.
Additionally, there are express contradictions between key Constitutional provisions, as well as considerable fluff in need of excision from the document.
Accepting that a polity with weak institutions cannot ensure accountability under the best constitution, there is nevertheless a compelling need to retreat from the brazen amalgamation of public power in one branch of government.
In the circumstances the contention that the Constitution suffers from democratic deficit and therefore requires ditching is not a matter for serious debate. That general agreement about its glaring shortcomings notwithstanding, the idea that any proposed replacement, no matter how mediocre and wrongheaded must be better is an objectionable tenet.
As the Draft Constitution (the Draft) wends its way through the Second Reading in the National Assembly (NA), the design flaws in the architecture of the Constitutional Review Commission Act 2017 (the CRC Act) are clearly visible. The Second Reading commenced the debates proper on the Draft and the storms it must travel through will get heavier but not heavy enough to sink this mediocre document. It must go through the full parliamentary schedule to the decisive Third Reading for interim approval or complete defeat.
Interim approval pending the verdict of the people in a referendum, or complete defeat ending its legislative journey should it fail to secure seventy five percent support in the NA. The Second Reading vote this week is therefore not a make or break but may be a harbinger of the Draft’s direction of travel going into the critical Third Reading.
Although unassailable a principle that the President cannot tinker with the Draft, it is coming before the NA as a Bill, giving that organ the Constitutional mandate to debate and amend, or throw out completely if that eventuality coincides with the required numbers of the Solons.
According to section 100 (1) of the Constitution, “the legislative power of The Gambia shall be exercised by Bills passed by the National Assembly and assented to by the President”! A further demonstration of the authority of the NA to debate and amend the Draft is articulated thus:- “… a Bill or motion may be introduced in the National Assembly by a member of the Cabinet or by a member of the National Assembly, and the National Assembly shall give consideration to Bills and motions so introduced” (see 101 (1) of the Constitution).
Indeed, Chapter XXII talks about “Amendment” and “Alteration” of the Constitution and the power to “amend, add to, repeal or … alter” is expressly donated to the NA (see 226 (8). Section 226 (9) specifically states:- “… references to the amendment, modification or re-enactment with or without amendment or modification, of the Constitution or of any provision for the time being contained in this Constitution, the suspension or repeal or the making of different provision in lieu thereof, and the addition of new provisions …”.
In the particular circumstances of the presented scenario, the intricate linkage between the Constitution and the Draft is unquestionable. “Promulgation” and “repeal” are specific words employed in the Gazette Supplement of 28 August 2020 announcing the Bill now awaiting the outcome of the collaborative enterprise between NA and the people. Clearly the Draft controls nothing as the mandated procedures are delineated in the Constitution.
The NA is the normal supreme authority in the arena of legislative scrutiny but where any process triggers a referendum, it collaborates with the electorate. Therefore the postulation that on entrenched provisions, the voters ousted “… the legislative competence of parliament” and they “… alone could amend or repeal entrenched clauses via a referendum” is an unbelievably misguided and preposterous proposition.
Without the parliamentary journey and approval, there is no avenue through which the voters can articulate their preferences on an entrenched provision and same applies to the Draft.
Similarly the contention that “… Parliament may debate, pass or reject the constitution referendum bill, but not the draft constitution itself” is nonsense of the highest order. I am not aware of anything called a “constitution referendum bill”. Once the “Promulgation” and “repeal” bill garnered parliamentary approval, the Speaker refers the matter to the IEC for a referendum (226 (4)(c). There is not and there will not be a “constitution referendum bill”.
A stitch up from the onset, the question may be moot that the Constitutional Review Commission (CRC) has the mandate to draft a proposed new Constitution but it remains a live issue that the promulgation of the document is a competence it does not have.
In Kenya, a country whose constitution the CRC extensively copied and pasted in the Draft, all members of that country’s parliament were part of the National Constitutional Consultative Forum (the National Forum). So were all members of the Commission, and the District Forums. By every measure a truly national process but the anti majoritarian mechanism shepherded by our Attorney General brought the project to its current location.
Although the idea that our nation requires a new constitution was properly conceived, the delivery mechanism selected was faulty in the extreme. Whether that was deliberate or incompetence is an open question. The authorities had the option of establishing constitutional or constituent assemblies or a constitutional commission. Ill advisedly it chose the latter with a truncated structure and clear shortcomings in the Gambian context.
A constitutional commission like the CRC “… is formed for the purpose of preparing a draft constitution for consideration or adoption by another body…”
Moreover, “Commissions are different from the legislature or the constituent assembly in at least three ways: function (they do not make final decisions on the constitution, being advisory), qualifications (primarily expert, rather than political or representative), and size (small, and therefore with different dynamics from assemblies) …”.
By every rational yardstick, the idea that the NA is bereft of competence to touch the Draft in any way is an incomprehensible proposition. The legislative domain denotes the core competence of the NA and given the Constitutional provisions earlier referenced, it has the competence in law and doctrine to make appropriate amendments to this Draft.
Indeed, the meaning around the legislative jargon of Third Reading is another authoritative demonstration of what the NA can do with this Draft. It can debate and amend as necessary before the ultimate vote at the end of the Third Reading.
And how about the end product!
“A recent comparative study undertaken by the United States Institute of Peace of nineteen constitution-making processes observed that of those processes that used commissions, these bodies did not seem to produce a better result than those using a constituent assembly or parliamentary drafting committee with experts…”.
With what the CRC ultimately produced, we know that very well in The Gambia.
It may be a long and tedious process but only a Draft amended by the NA may save this project of a hundred and sixteen million Dalasis and counting.
The chickens are truly home to roost but the knives of the Solons may save the Draft!
They have the Constitutional right to remove the excess fat from the Draft.
Lamin J. Darbo
Ousainou Darboe: Police confirm that UDP leader lodged complaint at Kairaba Police Station about lady insulting him
Police have confirmed UDP leader Ousainou Darboe has lodged a complaint with them about a lady insulting him.
“We can confirm that the Police at Kairaba Station received a report from the UDP party leader Lawyer Ousainatou Darboe, about a lady who was insulting and abusing him in a watsApp audio,” police spokesman Supretendent Lamin Njie told The Fatu Network.
According to him, the lady has been invited by the police for questioning while investigations are ongoing into the matter.
Reports emerged last Thursday of one Fatou Sumareh abusing the respected politician online. Darboe then went to Kairaba Police Station to complain.
The Meaning of a New Constitution
This nation, The Gambia has had three constitutions since Independence – in 1965, 1970 and 1997. It was the British Government that wrote both the 1965 and 1970 constitutions which were passed in the British Parliament and the Gambia House of Representatives, respectively. The citizens of the Gambia were not consulted to determine the kind of country they wished.
In 1996, when the draft constitution was presented to the military junta led by Yaya Jammeh, they removed, modified and added provisions that suited them and then presented it to a referendum. Since its coming into force in 1997 that APRC Regime spared no effort in further amending that constitution multiple times just to suit one person.
Consequently, when Gambians decided on 1st December 2016 to remove that authoritarian regime and ushered in a new administration on 19 January 2017, it was obvious that the country needed fundamental system change in order to establish true democratic governance. In its Manifesto and MoU, the Coalition leaders vowed to review the 1997 Constitution to cleanse it off of all provisions which are inimical to democracy and the rule of law. Hence transform the country from a Dictatorship to a Democracy.
Therefore, when the Constitutional Review Commission was established by an Act of the National Assembly in 2018 to write a new constitution, it went all round the country and abroad to talk to citizens as to the kind of Constitution they want. Bearing in mind that the constitution of a country is the basic law that practically determines how they live in their society, it was therefore necessary that none other than citizens must determine that constitution.
This is quite pertinent given that the Gambia is a Republic in which the supreme power and authority of the country are the sovereign citizens. The CRC Act made it quite clear that the new constitution should uphold all the hallmarks of democracy and republicanism and Gambianness. Not only did the CRC consult with Gambians as individual citizens, organizations and communities but it also gave audience to specialized bodies like the Executive, Legislature and Judiciary as well as political parties among others just to obtain their own kind of idea about the kind of Gambian they wanted.
The culmination of these consultations is the Final Draft Constitution which was presented to the President on 30 March 2020. What this means is that the final draft is indeed the general opinion of all Gambians as to the kind of society they want. In that society they have specified the kind of State they need and the ways and means in which that State should operate. They imposed checks and balances to restrain power and ensure transparency and accountability just to ensure that the citizen is best served, protected and empowered.
In essence the people of the Gambia have expressed the lessons learnt especially under the Dictatorship that they now need a society in which freedom, justice and equality will reign. With all of its inadequacies, the Final Draft Constitution is the first of its kind that was developed in the most participatory and inclusive manner in the country’s history.
On Monday September 14 the Final Draft Constitution was placed before the National Assembly. At this stage what is expected of NAMs is to facilitate the transmission of the document to the IEC, untouched, so that a referendum could be held on it. With the background in full view, it should not be difficult for one to understand that no one should touch or delay this Final Draft anymore. No institution or person should feel so empowered as to touch it because by doing so it is to elevate oneself above the supreme power of the country, i.e. the people.
Much as NAMs may feel they have the legal authority to touch the document, they must realize that they are subordinate to the will of the people. They had their chance to share their opinions with the CRC at the drafting stage hence there is absolutely no justification for anyone to edit this document.
This Final Draft Document is the instrument that will usher in the Third Republic of the Gambia. It is the constitution that will lay the foundation for system change and create the environment for lasting and durable democratic governance in the country. This Final Draft is essentially the product of the intentions of the Coalition Parties and the President for which they should be the greatest supporters of the document.
Therefore, any attempt to edit it with the intention to dilute or to kill it tantamount to truncating the destiny and future of the country. That would constitute the greatest insult to the people of the Gambia and a huge waste of public resources for which history will never be kind to those that cause such harm to the nation. But by passing this Final Draft, both Pres. Barrow and the Coalition Parties would have fulfilled a fundamental promise to salvage this country.
It is obvious that not all NAMs will agree with everything in the Final Draft Constitution. But this is the case for each and every other citizen. No constitution in the world fully meets the expectations of each and every person of that country. However, NAMs and citizens who oppose any item or the whole of the Final Draft have a right to lead a ‘No Campaign’ in the referendum.
Therefore, let us inform NAMs that they have a historic and patriotic duty to perform by approving this Final Draft as it is and cause it to go to a referendum soonest. Failure to do so, and causing this historic document to collapse on the floor of the National Assembly would be an immense disservice to the nation that will haunt the Gambia for a long time to come.
For the Gambia Our Homeland
……………………………………………..
Madi Jobarteh
Skype: madi.jobarteh
Twitter: @jobartehmadi
LinkedIn: Madi Jobarteh
Phone: +220 9995093
Citizens’ Alliance joins the onslaught on MPs: Party urges NAMs to vote in favor of the Constitution Promulgation Bill 2020
Citizens Alliance has joined Gambians in calling on the country’s MPs to ensure the Constitution Promulgation Bill 2020 passes.
The party said in a statement on Sunday: “The Citizens’ Alliance (CA) urges all honourable members of the National Assembly to put national interest first and vote for the bill of a new Constitution for the Republic of The Gambia (Promulgation Bill) to pass. Citizens’ Alliance also reminds our honourable members that they have a clear, well defined binary choice: to vote for the past and invite dictatorship or to enforce democracy and bright future by voting in favour of the Promulgation Bill to pass. Our collective destiny as a nation is in your hands as NAMs. Gambians believe that you will be guided by the dictates of your conscience and the supreme interest of The Gambian people, the people who elected you to represent them. Do what is right and let Gambians decide their future in a referendum.
“When in December 2017, the National Assembly established a Constitutional Review Commission as part of The Gambia’s Transitional Justice Framework, the primary mandate of the commission was to smoothly free The Gambia and Gambians from the much tailored 1997 Constitution. The CRC was assigned to come up with a new Constitution for the Republic of The Gambia. After a series of consultations with Gambians at home and abroad, the CRC finally submitted the consensual new Draft Constitution to the president. As required by the Constitutional Review Commission Act 2018, the Ministry of Justice published the national document in the Gazette in May 2020 and subsequently presented it to the National Assembly in August 2020.
“The Constitution Promulgation Bill 2020 is now before the assembly to debate on its principles and merits and to subsequently vote for it to be passed to the next stage. This vote will be symbolic to every Gambian as it will determine the destiny of our country. Our honourable lawmakers can decide to vote for the bill to pass or reject it outright. The former choice means ushering our country into a new era of democracy, human rights rule of law and development. The latter will mean transporting us back to the dark days of dictatorship with far reaching consequences.
“As a political party, we fully support the draft 2020 Constitution as it is progressive, legitimate and way better than the 1997 constitution. The process was inclusive and transparent. It reflects the wishes and aspirations of the Gambian people.
“We thank the CRC for doing a brilliant work in drafting a progressive Constitution. We thank the President and his cabinet for doing the right thing by presenting the Draft Constitution to Parliament. We thank our international partners who have supported The Gambian people during this process. We therefore invite our Honourable National Assembly Members to keep this process alive and moving as a historical service rendered to our country.”
UK: Soldier found guilty of racially abusing fellow soldier Momodou Sonko, a Gambian
By DailyMail
A British Army soldier in the Coldstream Guards has been found guilty of racially abusing a colleague after he expressed his happiness that Muslims had been ‘butchered’ just 10 days after the New Zealand mosque attack.
Lance Sergeant Derek McHugh was working in the guard room at a barracks in Windsor when he pretended to shoot a rifle while saying he ‘loved’ what the far-right gunman had done.
The 37-year-old called Corporal Momodou Sonko a ‘Muslim bastard’ before voicing his admiration for the white supremacist who claimed the lives of 51 people in the shootings in Christchurch.
When confronted, Lance Sergeant McHugh admitted he didn’t like Islamic culture and told Royal Military Police officers that he ‘didn’t see what was wrong with that’?
Corporal Sonko told a court martial he was working as guard commander at Victoria Barracks on March 25 2019, when a letter was delivered that needed to be passed to the medical centre.
Because of where the guardroom was located, only a few hundred metres away from Windsor Castle, one of the Queen’s residences, any post was subject to intense scrutiny.
Corporal Sonko began to ask the woman who had delivered the letter a few questions but was interrupted by Lance Sergeant McHugh who told him to ‘just leave it’.
Corporal Sonko told the court: ‘I said to him in a joking manner that this could be a security risk. He didn’t respond to that.
‘I think he thought either that was not a concern or he didn’t care about what I was saying.
‘Immediately after [the woman left] I was sat doing work on my screen and from nowhere, I heard ‘you f***** Muslim b******.’
Corporal Sonko said it was only himself, Lance Sergeant McHugh and another unidentified soldier in the room at the time, and he was the only Muslim.
The Gambian born soldier, who was attached to 1 Rifles said he ignored the comment, as he had heard Lance Sergeant McHugh make similar statements numerous times before.
He told the court that racism was ‘like drinking water’ to the veteran Coldstream Guard and he would regularly use ‘derogatory’ language about minorities.
Bulford Military Court, Wiltshire, heard that a few moments later, Lance Sergeant McHugh stood up and pretended to hold a rifle while saying ‘I love the way that man just went into the mosque and…’ before pretending to shoot.
In 2019, 51 people were killed and 40 injured in two shootings in Christchurch, New Zealand during Friday prayer.
The gunman was 28-year-old Brenton Harrison Tarrant, from Australia.
The attacker, described as a ‘white supremacist’ and member of the ‘alt right’ live streamed the shooting on Facebook and published an online manifesto.
Prosecuting, Solomon Hartley said: ‘[McHugh] doesn’t accept the exact words but he accepts that he doesn’t like Muslims.
‘He doesn’t like Muslim culture and he says he has a right to feel that way and to express that view.
‘He says his view of the culture was formed during tours overseas and he says his son was almost blown up in the Manchester terrorist attack.’
Lance Sergeant McHugh’s outburst was only the latest in a long line of racial remarks directed at black and Muslim soldiers.
Corporal Sonko told the court: ‘[At first] I thought to educate him would be better than reporting the case and it being blown out of proportion.
‘There are people who would call it banter but I viewed it as crossing the line…
‘I told him to stop. I told him that is enough. He didn’t say anything. He was just concentrating on the computer but immediately after he giggled and left the room.
‘He was saying ‘I am happy your fellow Muslims were butchered’. I had to think about reporting the matter.’
Lance Sergeant McHugh, who was representing himself, tried to claim in cross examination that the Corporal had misread his hand gestures and misheard what he had said.
He said: ‘You say that I liked the guy in New Zealand who did the shootings.. Couldn’t you have misheard me and I [in fact] said it didn’t bother me and I don’t condone it?’
Corporal Sonko replied: ‘The words you uttered were linked to the actions you were making’
Lance Sergeant McHugh was found guilty by the court martial panel of two charges of using racially aggravated threatening, abusive or insulting words or behaviour.
He will be sentenced at a later date.
MP reveals people are calling and insulting him over his anti-draft constitution stance
Latrikunda Sabiji MP Saikou Marong has announced he will speak to the nation live on Facebook – as he revealed he is being threatened over his stance towards the draft constitution.
Marong has insisted he would not be backing the draft constitution if certain amendments are not made to the document.
He has now revealed people are calling him and insulting him.
“I will on Facebook live in the afternoon to discuss about my reasons of not supporting the Draft constitution and the so-called threats from people calling and insulting me.
“NB I still stand by my debate at the parliament,” he wrote on his Facebook page Sunday.