MoJ: Draft Constitution to be Gazetted in Mid-June 2024
Justice Minister Dawda A Jallow at MSDG Diaspora Engagement (c) Yusef Taylor
By Yusef Taylor, @FlexDan_YT
The Gambia’s Minister of Justice, Hon Dawda A Jallow has revealed that the Executive “hopes” to Gazette the Draft Constitution in mid-June after a review scheduled to be completed this week. Speaking in the presence of members of the press and National Assembly members on Saturday 25th May 2024 the Justice Minister revealed that “the Draft Constitution process has begun. [This] week Tuesday, Wednesday Thursday Cabinet is sitting on the Draft Constitution”.
The Draft Constitution was rejected by Parliamentarians of the 5th Legislature back in September 2020 on its second reading. Since then, the Draft Constitution has remained in a coma, waiting to be revived by the Executive. Finally, President Adama Barrow appears to be taking steps to revive the Bill for Parliamentary review this year. In his 2024 New Year speech, President Barrow announced that his government was eagerly looking forward to three events this year namely; “the OIC Summit, the Jangjangbureh Bicentenary Festival and holding a referendum on the new Constitution for the Third Republic”. The first two events have all been concluded leaving the referendum on a new Constitution outstanding.
Justice Minister Jallow made this revelation on the Draft Constitution's revival when responding to questions on the government leading efforts to amend the existing 1997 Constitution to enable the diaspora to vote and be voted for. According to the Migration and Sustainable Development in The Gambia (MSDG) Report "although the 1997 Constitution of The Gambia allows for Diaspora voting; logistical provisions are needed to actualize the enfranchisement of the diaspora”.
Claw Back Clauses Denying Dual Citizens Other Rights
One of these amendments includes the demarcation of constituencies. Currently, the Gambian Constitution allows for a total of 53 elected constituencies in Parliament as stipulated in section 88 of the 1997 Constitution, however, there are recommendations for this to be amended to include 5 diaspora constituencies which will enable diaspora representation in future Parliamentary elections.
Another amendment recommended for the 1997 Constitution is section 90(1)a which disqualifies any person who “holds a citizenship or nationality of a country other than The Gambia”. This means that diaspora who have obtained dual citizenship will not be allowed to contest for Parliamentary elections.
Advocates argue that section 12(a)1 of the 1997 Constitution provides for Gambian citizens to retain dual citizenship, however, this is being clawed back by other provisions which deny dual citizens the right to contest for Parliament, be appointed into Cabinet and contest for the Presidency.
Provision 62(2) denies “a person who holds the citizenship or nationality of a country other than The Gambia” from contesting in Presidential elections.
Provision 71(2) denies dual citizens to be appointed or hold office of a Secretary of State.
The same denial of dual citizens is included in provision 190 (2) for appointment as the Chief of Defense Staff, Chief of Staff and Commanders of the Armed Forces which includes the Navy and the Air Force.
Cabinet Sitting on Draft Constitution this Week
Hon Dawda A Jallow will eventually table the Draft Constitution in Parliament and according to the Minister, this may occur in the third Parliamentary Session of the year. Minister Jallow revealed that “the Bill has been drafted so we are considering the Bill next week, three days have been put aside for the draft constitution. Immediately after that, it will be Gazetted – of course, before it reaches you, you know there is a 100-day Gazetting period. So, after [Cabinet Review] we are hoping to Gazette the Draft Constitution once again somewhere before the middle of June because May is already gone”.
After the Cabinet reviews the bill this week, Minister Jallow says the Government “will be introducing the Draft Constitution, hopefully, not this session coming but your next session, the Draft Constitution will be before you for consideration. Hopefully, if it goes through, we believe we might not need [any further amendments to the 1997 Constitution] but because like you’ve heard the Prof [Gibril Faal of GK Partners] said, they’ve waited for too long, we don’t want to rely on only one approach”.
In light of the urgency required to secure diaspora voting and representation, “both the Constitutional Amendment approach of the current [1997] Constitution and also the Draft Constitution process will all still be in progress. Whichever one comes sooner and takes care of the problem adequately will suffice and we wouldn’t need the other” said Hon Dawda Jallow.
Watch the video in the link below.
