Sunday, November 10, 2024

The Gambia’s Independence Constitution of 1965 and Republican Constitution of 1970

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OPINION

By Musa Bassadi Jawara

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About a fortnight ago, the Barrow administration announced its intent to gazette a draft constitution that’ll replace the current constitution approved by a national referendum in 1997. This announcement was greeted by a cacophony of protests from politicians, civil society and Gambians from all walks of life. Quite frankly, I was flabbergasted and bamboozled by the sheer lack of religious understanding by participants in the debate of what’s at stake and the macabre path the country is on. In this essay, my goal and objective are to delineate and underscore the vital areas of history embodied in the Independence Constitution of 1965 and the Republican Constitution of 1970.

The Gambia, hitherto now, had been governed by three constitutions: the Independence Constitution of 1965; the Republican Constitution of 1970; and the current 1997 Constitution. On April 24, 1970, The Gambia became a republic following a majority-approved referendum after decades of colonialism. It’s lamentable, tragic and retrogressive in seismic proportion when in 1994, disgruntled and pernicious soldiers of The Gambia National Army marched to the capital, Banjul, seized power, upended constitutional order, overthrew 1970 Republican Constitution and introduced rule by decree. The intervening months and years brought unfathomable hardships on Gambians and autocratic rule of brutal fashion. The carnage was on gigantic scale!

Essentially and frankly speaking, the Republican Constitution of 1970 was not obsolete or stale, it was overthrown by the military. When the military in 1994, subverted the constitution and upended the 30-year-reign of the P.P.P. A cross-section of Gambians rejoiced and celebrated including The Gambia Bar Association (GBA), whose leadership met with the junta and endorsed the coup. It’s ironic that the GBA was supposed to be the bulwark of the Constitution; custodian and the last defense of the Constitution. However, the rest is history. And, time has not been kind to them and yes, the regime that led the country to independence with all its imperfections, the successions since 1994, have plunged the country deeper into poverty, a state of dystopia and destitution.

The time has come to revisit the Republican Constitution of 1970 and use it as a template to formulate a new draft-constitution. Given the bickering, exchange of barbs and demagoguery surrounding the new draft-constitution in the body-politics, there has to be a call to order and reason must prevail in the supreme interest of the nation.

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This issue has been politicized and politicians are incapable of setting aside their narrow political interests in favor of what’s best for the country. Gambian politicians and people have a myopic and clouded optics of this constitution issue or debate: this is a sacred document that governs: as a people; as a society; and as a country for future generations yet unborn. To politicize it under intense partisan fighting and gamesmanship will paralyze this country and halt economic and social advancement for decades to come.

Rumors have it that the Republican Constitution of 1997 mimicked the Ghanaian Constitution. Regardless, it was crafted by experts from Ghana and the 2020 draft-constitution was plagiarized from the Kenyan Constitution. Whatever the case, we must go back to the basis and return to old school. This is not about dogma, it’s about common sense and doing the right thing for the motherland, a country that suffered untold barbarity and injustice under dictatorship.

Under the Republican Constitution of 1970, The Gambia had one of the most progressive and vibrant economy in the subregion:

– Cost of bag of rice was under D200; standard and quality of life was not bad.

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– Medical services and delivery was one of the best in the sub-region : Bansang Hospital; Kaur Health Center under Chinese medical doctors; and Royal Victoria Hospital were exemplary.

– Gambia Produce Marketing Board (GPMB): had major depots at Kaur, Bansang and Basse with huge rural employment base.

– The Gambia Cooperative Union had microcredit, loan-lending schemes for farmers all across the country.

– The best telecommunication network: GAMTEL rated top three in the whole of Africa.

– The Gambia was crimefree and the murder rate was nil .

– The Gambia’s diplomatic image abroad was stupendous and foreign aid was pouring in and metastasize the length and breadth of the country.
Gambians travel to Europe, America, Asia … name it in large numbers without visa acquisition due to the stellar recognition and image of Gambian passport crafted by the leadership under D.K. Jawara.

– The exchange rate of the Dalasi was in the single digits against major foreign currencies and sadly, on this day, September 3, 2024, the Dalasi exchange rate has crossed over 90 against British Pound Sterling.

To take it down, I’ve concluded that the current breed of politicians have failed the country without exception. There must be and there has to be a new way forward if, this country is to realize its full potential and live out the true meaning of its creed: that we are a country of humankind destined to live in freedom and happiness for all .

All political parties must come to a consensus for the good of the country, thus: let there be a national dialogue to be organized by the state under the chairmanship of the President of the Republic, Mr Adama Barrow.

Thank you.

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