By Sanna Camara

The Gambia Bar Association has said it must be reiterated to the Barrow government that the constitutional building
process is an intrinsic part of our country’s quest to rebuild its democratic rule of law
institutions after a 22-year dictatorship. Accordingly, the process of re-introducing a new
constitution should be participatory, inclusive, and consultative.

In a statement on the gazzetted draft announced by the Ministry of Justice last week, the association expressed “grave concern, the lack of transparency and absence of stakeholder
consultation” in the steps taken by the Executive arm of Government in doing so.

“The Draft Constitution
presented to the government by the Constitutional Review Commission (CRC), followed a
highly transparent and participatory approach with citizens both here and in the diaspora. In
line with that spirit, the GBA envisaged that any subsequent attempt to resurrect the 2020
Draft Constitution will be consultative, inclusive, and transparent in order to achieve a high
level of national consensus, which will help unite the political actors and the citizens in support
of the draft,” it said in a statement released on Monday.

It described the amendments made to the 2020 Draft Constitution as
concerning, as the executive arm of the government did not engage other important stakeholders but instead
made unilateral amendments to the CRC 2020 Draft against the collaborative
spirit that has characterized the country’s transitional justice journey from 2017 to date.

“The decision on the part of the Executive to go ahead with the redrafting and gazetting of the 2024 Bill
without consulting other stakeholders, could pose challenges in building national consensus on the most important law of our nation and potentially undermine the legitimacy of the Bill
and the process.”

Meanwhile, a member of Bar Association, Lawyer Aziz Bensouda, has revealed
the following changes were made in the CRC draft constitution for the new one.

1. Maximum 48-hour detention for detainees recommended by CRC has been changed to 72 hours.

2. The whole of Chapter 5 has been removed. It was specifically for guiding for good governance. Why changed

3. Freedom of assembly. The language has been changed. citizens will still continue to apply for a permit.

4. Right to education. In the CRC draft, primary to secondary education should be free and a right for every child but changed to only basic education instead. Why?

5. Local governments. The CRC draft leave the powers and freedom for the local governments, but the new constitution has limited them.

6. Consumer Protection Act has been removed from the crc draft constitution.

7. State of public emergency in the crc draft. The power of the Supreme Court to check on the state of public emergency has been removed.

8. The judiciary now will submit their budget to the executive first instead of the national assembly, another changes. Why change.

9. Political party fundings should be reported during nomination and have also been removed.

10. The assets declaration by the vice president and the ministers should not include their spouse and children’s.

11. Immunity for the executives after leaving office.

12. Vacuum of presidency, in the crc draft, the vice president, speaker, or the chief justice should step in for 3 months, then election will be held by IEC.
But it is now changed to if the president died or incapable whoever steps in from his side will complete the remaining term.

13. The teacher service commission has been removed.

These are a few points captured from lawyer Aziz Bensuda.