Thursday September 19, 2024

The report says the lack of a New Constitution stalls Gambia’s transition

The Gambia’s democratic progress faces challenges despite a promising draft constitution that proposed reforms and term limits, now stalled due to political disagreements.

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The report says the lack of a New Constitution stalls Gambia’s transition

By Omar Bah 

A recent report by the Institute for Security Studies (ISS) has examined the Gambia’s journey towards democracy. Despite President Adama Barrow’s ambitious initiatives, the country continues to face socio-political challenges that hinder its complete transition from its autocratic history. These challenges present a significant obstacle to the Gambia’s democratic progress.

The draft constitution, which resulted from a two-year consultative process involving Gambian citizens, including those in the diaspora, was unfortunately rejected by the National Assembly in September 2020. This setback has significantly impacted the Gambia’s transition to democracy, stalling the entire process.

The report suggests that The Gambia has the potential to serve as a model for democratic governance in a region plagued by coups, democratic regression, and political instability. It highlights the country’s progress in drafting a constitution emphasizing human rights, the rule of law, and institutional checks and balances. The draft constitution catalyzes various reforms, including security sector reform, transitional justice, and institutional changes. Additionally, it introduces presidential term limits, limits presidential powers, and strengthens the judiciary and the Independent Electoral Commission.

The constitutional draft restricted the president to two terms of five years each, whether consecutive or not, which meant that Barrow could not run in 2026. Despite initially pledging to serve a three-year transitional period from 2017 to 2020 and then step down, Barrow ran for re-election in December 2021 after being the coalition candidate that ousted Jammeh.

The United Democratic Party (UDP), the main opposition party, has supported the rejected draft and pledged to resist any proposed changes. On the other hand, Barrow’s political supporters within and outside the ruling National People’s Party (NPP) have opposed retroactively applying the presidential term limit, suggesting that it should commence upon adopting the new constitution.

The proposed constitution also establishes stricter criteria for presidential candidates and electoral success. Candidates for the presidency must hold a university degree and secure the most valid votes, potentially leading to a runoff election. Additionally, Gambians living abroad would be allowed to participate in both presidential and parliamentary elections for the first time. However, the suggestion for a separate diaspora constituency was rejected. The report also observed that it may be challenging for President Barrow and his supporters to achieve an absolute majority in future elections. The NPP, established in 2020 after Barrow terminated an alliance with the UDP, needs more backing for a single-party victory. In the April 2022 National Assembly elections, the party fell short of securing a decisive majority, currently holding 24 out of 58 seats, including five nominated by President Barrow.

The proposed constitution mandates that the National Assembly approves the president’s nominations for ministerial positions, critical law enforcement and security roles, and the Chief Justice. Additionally, the president will no longer have the authority to nominate certain members of the National Assembly. Under the new system, 53 out of 69 members will be elected from single-member constituencies, 14 women will be separately elected (two from each administrative area), and the national federation will nominate two members to represent persons with disabilities.

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