By: Alieu Jallow
The Association of Non-Governmental Organisations in The Gambia (TANGO) describes the Minister of Justice and the Attorney-General’s statement on the involvement of civil society in three consultation processes of the government’s gazetted 2024 draft constitution as misleading.
During the August 28th heated press conference, the Justice Minister asserted that the first phase of the mediation took place between December 2020 and March 2021, with the support of the United Kingdom Foreign Commonwealth and Development Office. Facilitated by H.E. Goodluck E. Jonathan, former President of the Republic of Nigeria, this phase involved intense consultations with political party leaders, civil society organizations, traditional rulers, and faith-based organizations.
In a counter-statement, the Chairperson of TANGO, Mrs. Yadicon Njie Eribo, emphasized that their engagement with the former Nigerian leader, H.E. Goodluck Jonathan, in 2021 was on the failed 2020 draft, where the former Nigerian head of state met with stakeholders, including civil society. She cited that the process was geared towards:
“The assertion that civil society was adequately consulted during the initial phase of mediation for The Gambia’s 2024 draft constitution is fundamentally flawed and misleading. What we recall is that when the 2020 draft failed and H.E. Goodluck Jonathan, former President of Nigeria, came into the country in 2021 to meet with stakeholders, civil society was indeed consulted. But this was geared towards bridging the gap in building consensus for the revival of the constitution-building process. It is also true that when H.E. Ibn Chambers was Chairman of the group of Eminent Persons, chosen to chart a way forward for tabling the Draft Constitution again before the National Assembly, CSOs were consulted but not on the matter of the text of the draft but rather to brief on a new process to revive the 2020 draft constitution. Despite government assertions and official statements suggesting otherwise, substantial evidence indicates that civil society, a crucial stakeholder in the constitutional review process, was not engaged in any meaningful way. As the umbrella association for CSOs, TANGO, Board and Secretariat have not been involved or consulted in the process of drafting the gazetted 2024 draft Constitution.” She outlined.
Madam Njie highlighted that Civil Society Organizations (CSOs) in The Gambia play a vital role in promoting democracy, human rights, social justice, among others, noting that they do not only serve as intermediaries between the government and the general public but advocate for transparency, inclusiveness, and accountability.
“Our involvement is essential for ensuring that the constitutional building process is genuinely representative and reflective of the broader populace’s needs and aspirations. CSOs also play a crucial role in enhancing ownership of such important documents that will eventually need the endorsement of the electorate. Reports and feedback from various CSOs reveal a stark contrast to the government’s claims of extensive consultation.”
The TANGO Chairperson stressed that since the collapse of the 2020 draft constitution, several CSOs, either individually or collectively, initiated and engaged in activities geared towards bringing about consensus among stakeholders on the contentious issues raised in that draft.
Similarly, Chair Njie called on the Justice Minister to provide details of the CSOs they engaged during the consultative process, including when, where, and how. She also called on the National Assembly to create a broad-based consultative process in which all stakeholders will have the opportunity to fully participate.
“Now that the draft has been gazetted before being tabled at the National Assembly, we urge the Honourable Members of the Assembly to create a broad-based consultative process in which all stakeholders will have the opportunity to fully participate. TANGO and all CSOs remain ready and willing to provide all necessary support to the constitution-building process, which should be consultative, inclusive, and transparent by all standards.” She affirms.
While TANGO notes with concern the information provided by the Attorney General & Minister of Justice, Honourable Dawda Jallow, during the press conference, they equally welcome the explanatory notes to the gazetted Draft and will diligently study them together with the draft Constitution and come up with its position paper that will be widely shared with all stakeholders.
