Saturday, October 5, 2024

Attorney General Clears the Air on Constitutional Consultations

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By: Zackline Colley

Attorney General and Minister of Justice Dawda A. Jallow has refuted claims suggesting a lack of consultations leading to the adjustments made by the Cabinet on the draft constitution. Speaking on “Coffee Time with Peter Gomez,” Jallow stressed that since the constitution’s rejection in September 2020, there have been numerous consultations and mediation efforts involving both local and international actors.

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Jallow explained that the Ministry of Justice facilitated a series of dialogues, inviting independent, neutral non-Gambians to mediate the process. “We realized very soon after the constitution collapsed in 2020 that it collapsed because of political differences between the politicians,” Jallow said. “We learned our lessons that we focused so much on the content, on developing the content of the document. And we tend not to have given so much attention to the process of bringing that document to life.”

Highlighting the involvement of civil society and international experts, Jallow noted that the consultations were supported by International IDEA, an NGO with expertise in constitutional development. “We allowed the politicians and, in some cases, the civil society who participated in those discussions to highlight their areas of concern,” he stated. He emphasized that the Ministry of Justice took a back seat in these discussions to ensure an unbiased process, adding, “Government is a key stakeholder in that process, but I decided to advise that the government takes a back seat.”

Addressing the widespread consultations, Jallow pointed to the famous Abuja convergence, where nearly all political party leaders met to discuss the draft constitution. “We took all the heads of political parties… to Abuja… [and] they’ve agreed on almost all the issues that separated them except one, which is the famous retrospective application of the time limit,” Jallow explained. He mentioned that the majority of issues were resolved during this final consultation.

Jallow concluded by dismissing claims that the Cabinet’s changes were made without consultation, reiterating that the process was thorough and inclusive. “To say that there were no consultations, that the government just woke up and brought changes—I think that’s not accurate,” he said. He acknowledged that while the Cabinet did go beyond the recommendations of the consultations, the adjustments were made after careful consideration of all submitted reports. “The first thing that I need to clear is to say that this happened out of the blue… there was a series of rounds of consultations.”

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Jallow’s remarks come amid ongoing debates on the future of the draft constitution, with political consensus still a key factor in its potential passage. “Without a political consensus, this document will never go through,” he warned, underscoring the need for continued dialogue and agreement among all stakeholders.

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