Barrow Papers: Explaining the Explanatory Notes 7
Madi Jobarteh in blue (c) Askanwi Media
This is the eighth publication in a series of articles focusing on the 2024 Draft Constitution Gazetted by the Gambia Government on 14th August 2024 written by Human Rights Advocate, Madi Jobarteh. There are six parts to the sixth publication so far.
By Madi Jobarteh
Constitution Series 8 - Explaining the Explanatory Notes 7
Still on the review of the Explanatory Notes to the Barrow Papers 2024…
Weaking Independent Institutions and Accountability
In line with good governance standards, the 2020 Draft Constitution required that members of independent bodies would be first confirmed by the National Assembly before the president could appoint them. Parliamentary confirmation is a significant check and balance mechanism that restrains power and prevents corruption in the appointments of individuals to certain public offices. It is also a quality control mechanism to ensure that anyone put in charge of public office is truly qualified and competent to hold it. Hence parliamentary confirmation is also a tool to help the president identify competent men and women with character to hand them responsibility. This means parliamentary confirmation is in the president’s interest of he wants to do good.
Interestingly, the Barrow Papers decided to remove parliamentary confirmation altogether in the appointment of commissioners or members of independent bodies. Rather it decided to hand over exclusive power to the president to appoint them without any checks. The only requirement it provides is that the president should make such appointments “in consultation with the Public Service Commission.” Meantime, it is the same president who appoints members of the Public Service Commission without any parliamentary confirmation! The reason provided is to avoid bureaucracy, bottlenecks, etc.
The list of independent institutions in the 2020 Draft and maintained in the Barrow Papers are the National Human Rights Commission, the Anti-Corruption Commission, the Ombudsperson, the Auditor-General and the Central Bank of The Gambia.
I must add that there are many more independent and regulatory bodies existing and these include the newly inaugurated Information Commission as well as the IEC, PURA, the Consumer Protection Commission, and the Food Safety and Quality Control Agency (FSQA). Already the laws establishing some of these independent institutions such as NHRC and the Information Commission require parliamentary confirmation. Hence if the Barrow Papers pass through it means these laws would have to change accordingly.
Independent institutions are crucial structures in governance and democracy intended to restrain power, and ensure transparency and accountability in public office, businesses, human rights, service delivery, elections and many other areas. In essence, independent or regulatory bodies are indispensable pillars and modern tools of administration and governance that have emerged in several democracies over the last few decades. What guarantees their independence and credibility is their mode of appointment and protection of their tenure.
It is therefore quite concerning that the Gambia Government intends to abandon these standards and safeguards by placing appointments entirely within the hands of a president. With this approach, it means the independence of these bodies will be severely compromised which goes to injure their credibility in the eyes of the public. Without independence and credibility, it means these independent bodies will not only become ineffective but also a waste of resources.
Like every other society, the Gambia needs independent institutions which are outside of presidential control. Independent institutions are necessary to expose and combat conflict of interest, abuse of office and corruption in public office. They are necessary to protect consumer rights as they address unfair and unethical business practices. They are also required to protect the rights of individuals in society and in workplaces, among many other benefits.
Above all, independent bodies provide no cost to citizens to seek justice in all forms. Instead of going to pay for court fees, any citizen can walk to any independent body to lodge a complaint to seek justice. Hence any government interested in the wellbeing of society in general would support the creation of independent bodies without presidential interference and control.
It is for this reason that members or commissioners of these bodies should not be left to the president to choose on his own. Rather the standard democratic practice is to ensure that the parliament vets nominees from the president before appointing them so as to avoid having independent institutions only in name because the president had unilaterally appointed people who would owe allegiance to him alone.
