Wednesday, May 1, 2024

Army complains that d’constitution has failed to clearly define their role – but the CRC says it consulted all security forces but did not receive any written submissions from the army

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By Lamin Njie

The nation’s foremost military official has said adhoc interpretations of the role of the military would present a problem for it, emptying his mind on the failure of the draft constitution to clearly state the military’s role.

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“…if you leave it in a vacuum, subject the military to what you call adhoc interpretations in terms of what they should be doing, then it’s going to be a problem for the military,” General Yakuba Drammeh said during a meeting with GRA officials last week.

The general added, as reported by QTV: “Let’s our roles and functions be defined clearly in the constitution but it should not be subjected to what I call adhoc interpretations of what the military should do given the circumstances.

“In this case, it’s going to be a misuse of the military and we do not want the military to be misused. And the only way we can preserve the integrity of the military, it must be enacted in the constitution to say, ‘do this, don’t do this’.

“We want to build a reputable and professional military and that can be achieved if we have clear-cut functions and mandate. We don’t want the armed forces to do anything that is unconstitutional, we have learnt past mistakes and we do not want to repeat the past.”

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The constitutional review commission responding to the army chief’s comments said it received no written submissions from the army.

The CRC through communications director Sainey Marenah told The Fatu Network: “The Constitutional Review Commission (CRC), prior to the drafting of the Draft Constitution for the Republic of The Gambia, had convened a consultative meeting with all the national security outfits (see paragraph 629 of the CRC Report) at a joint security sector meeting held at Baobab Resort in Kololi on Thursday 22nd May, 2019.

“The joint security sector consultative meeting was part of the Commission’s broader stakeholder engagement strategy to elicit expert opinions from different security institutions in respect of the Draft Constitution.

“Present at the consultative meeting were the National Security Adviser and the Heads and/or representatives of all the national security service institutions, including The Gambia Armed Forces headed at the time by the then Chief of Defence Staff, General Masanneh Kinteh. Prior to the consultative meeting, all the national security service institutions were invited to make, and had indeed provided, written submissions to the CRC. Their submissions were discussed during the consultative meeting. The meeting also afforded the CRC the opportunity to raise appropriate questions regarding alternative methods of dealing with some of the security issues that were contained in some of the written submissions. These were all thoroughly discussed, and there was ultimately general satisfaction that the consultative meeting was indeed very useful and, as far as the CRC was concerned, it facilitated the drafting of the Chapter in the Draft Constitution regarding the Security Services.

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“Following publication of the proposed Draft Constitution on 15th November, 2019, the CRC publicly invited the general public and all other stakeholders to review the Draft Constitution and provide written comments to the CRC. No written submissions were received from The Gambia Armed Forces. However, the written comments and further proposals received from the National Security Adviser were considered in finalizing the Draft Constitution.

“Accordingly, any views to the effect that the national security service sector or any institution thereof was not consulted by the CRC during the constitutional review process would be erroneous and misleading. The CRC encourages the general public and all other stakeholders to read the Draft Constitution and the accompanying Report together in order to be better guided in understanding and appreciating the rationale for some of the decisions enshrined in the Draft Constitution.”

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