Minority Leader: Int’l IDEA Constitution Talks Delayed 2024 Draft Constitution in Parliament

NAMs, CSOs and Media Engagement by WFD © Askanwi

By Yusef Taylor, @FlexDan_YT

A symbolic electricity blackout interrupted "Constitution Talks" between civil society leaders, the media and Parliamentarians organized by the Westminster Foundation for Democracy (WFD) on 13th December 2024 at the Metzy Hotel.

After electricity was restored, moderator Muhammed MS Bah, the former President of the Gambia Press Union stated “am not hoping that the Constitution will be dead in the National Assembly like this when I mentioned the Constitution”. Referencing the previous experience when Parliamentarians of the Fifth Legislature killed the 2020 Draft Constitution on it’s Second Reading on 22nd September 2022.

The dialogue converged the media and various civil society actors from the University of The Gambia’s Student’s Union Executive, TANGO, Team Gom Sa Bopa, Activista and others to discuss the 2024 Draft Constitution, the 2025 Budget and the Access to Information Act under the theme, “knowing your Parliamentarians’ challenges”.

Hon Alhagie S Darbo, the member for Brikama North who won his second term via the UDP ticket, spoke on the 2024 Draft Constitution. Hon Darbo is the Minority Leader and the Chair of Parliament’s Finance and Public Accounts Committee which means he leads the Minority Caucus.

Towards the end of his speech he revealed that, “the much talked about Draft Constitution --- is before the National Assembly". He explained that "the [initial agenda for the Fourth Ordinary Session scheduled], the First Reading [for 27th November]. This was cancelled for a good reason”.

Minority Leader Hon Alhagie S Darbo © Askanwi

According to Hon Darbo, the First Reading “was cancelled because [Parliamentarians] had an engagement with Dr Ibn Cambas [of International IDEA] who was in town engaging stakeholders and [scheduling] dialogue to find a way out for the 2024 Draft Constitution”.

The Minority Leader revealed that “at that time, maybe up to now, the situation is very tense to have compromise over the Draft Constitution. Many people are demanding the people centered Draft Constitution but not the Executive centered Draft Constitution. And if that is the case then therefore there should be that dialogue between the Executive and the people”.

Explaining reasons for the delay, Hon Darbo highlighted that had Parliament proceeded with the First Reading as scheduled on 27th November, they "will be compelled to have the Second Reading done this [Fourth Ordinary Session]”. In his view, this would leave little time for a compromise or dialogue.

“So now we delayed that one instead of having it at that time [Parliament will now have the First Reading] on the 23rd [of December] that is the last day of the [Fourth Ordinary Session]. --- And the second reading will be coming next session probably around March [2025]. Maybe during that time period there could be room for dialogue, or else the situation as it looks, there is no hope for the 2024 Draft Constitution. All hope is not over until when all is over,” said Hon Darbo.

Responding to this, moderator MS Bah seized the opportunity to inform civil society actors present that “if the National Assembly is seeing uncertainties —- then the 2024 Draft Constitution —- is dead upon arrival. Which we were not foreseeing”.

Ms Bah recommended that “probably one of [the Parliamentarians] can move a motion for the Executive to de-Gazette the 2024 Draft Constitution and try to establish a Constituent Assembly and see how best we can bring it back. So that it comes back to the people and then we gauge the people’s perception as to whether they want to go ahead with the 2024 Draft Constitution or whether they want the 2020 Draft Constitution with Amendments to come on board”.

Moderator Muhammed MS Bah © Askanwi

Angling for a solution to the “deadlock”, the then outgoing GPU President who has now vacated his Presidency stressed that “National Interest in most cases should override the Political Interest, and [Parliamentarians] cited the politicization of things before the plenary”.

Giving another avenue for the progress of the 2024 Draft Constitution was Hon Saikou Bah of Basse who won his first seat via the NPP ticket. He also doubles as the Co-Chair of the Inter-Party Committee. In his view, after the 2024 Draft Constitution “is laid at the Plenary [for the First and Second Reading] it can be committed to a Committee, thereby the Committee will take it up as its responsibility in order to reach out to the entire stakeholders and hear from them, have their position papers and also prepare a report and submit it to the Plenary”.

Moderator MS Bah responded to say that the Opposition have mentioned that they can “come up with recommendations, [however], things will be politicized at the Plenary. That becomes a problem. Now if you do that and it comes back to the Plenary then it becomes a problem”. He recounted his recommendation to “move a motion [for the 2024 Draft Constitution to] come back to the public?”

Minority Leader Darbo revealed that he explained to Dr Ibn Chambas of International IDEA that “the 2020 Draft Constitution was rejected before it was even laid to Parliament". In his view a repeat may occur if steps are not taken. He stressed that "it was the Political parties and Politicians who rejected the 2020 Draft Constitution”.

“Constitution is a legal National Instrument but equally a political tool and any Parliamentarian at the floor of the Chambers you cannot go against your Political Party position as far as the Constitution is concerned, because you have the belief it is protecting your Political interest. If you don’t want the same to happen to whatever Draft Constitution you come with, make sure you have that political understanding and consensus on the Draft, don’t make that mistake and bring it.” said Hon Darbo.

Hon Darbo told stakeholders present that his advise was not heeded resulting in what he branded the Executive Constitution. He opined that consultations could be held at the Committee stage, however, “will those position papers be recognized or accepted at that Committee level?” He believes “there will be very little room to do any amendments against the position of the Executive. This is the reality.”

Moderator MS Bah then addressed stakeholders present, saying: “now they have given us a gist of the mentality of the Parliament, CSOs and Media --- really need to look into this and digress whether how realistic this process will be?”

Pressed for time, WFD The Gambia Country Coordinator interjected to explain that Parliamentarians have to go for the 2025 Budget Speech. She advised for members stakeholders present to write their recommendations and submit it to Parliament. “It is the interest of every Gambian for this document to go through smoothly with everybody, with the consensus that The Gambia is moving to another step because it was a promise and we want to support to keep this promise” concluded Madam Tabu Njie Sarr.