The Gambia's Post-Dictatorship Democratic Transition Halted

Strategic Insights -

The Gambia's democracy has faced a major setback with the failure of the Constitution of the Republic of The Gambia (Promulgation) Bill, 2024 to pass its second reading in the national assembly. Despite its promise to bring democratic reforms and accountability for past human rights violations, the bill was met with opposition due to concerns over presidential powers, judicial independence, and human rights protections. The proposed constitution would have replaced the 1997 constitution, which was widely seen as a tool for executive overreach, but the bill's failure leaves the country governed by the same outdated constitution.

Key Takeaways:

  • The 2024 Constitution Bill, aimed at replacing the 1997 constitution, failed to pass its second reading in the national assembly due to opposition from critics who pointed to a lack of transparency, inadequate stakeholder consultation, and specific controversial clauses.
  • The proposed constitution aimed to institute checks and balances, strengthen civil liberties, and modernize fundamental rights, but was criticized for its provisions on presidential powers, judicial independence, and human rights protections.
  • The removal of the retroactive presidential term limit and the reduction of parliamentary oversight on appointments sparked concerns about potential term limit manipulation and undue centralization of power.
  • The bill left out key provisions, including the requirement that the national assembly confirm the appointment of the chief justice and Supreme Court judges, raising alarm about judicial impartiality and the erosion of oversight.
  • Certain clauses, such as the increase in police detention periods and perceived limitations on the rights to education and freedom of assembly, sparked debates over inclusivity and media freedoms.
  • Public fatigue and disillusionment with the drawn-out constitutional reform process contributed to the bill's failure, with some calling for stability now and others pushing for a genuinely transformative constitution.

Statistics:

  • 58 members comprise the Gambian parliament, which required a three-quarters majority vote (time period not specified) for the 2024 Bill to pass.
  • 75% voter participation (time period not specified) and 75% approval (time period not specified) were required for a national referendum on the proposed constitution.
  • 2026 is cited as a possible election year in which President Adama Barrow may run, potentially influenced by the removal of the retroactive presidential term limit clause from the 2024 Bill.

Sources:

  • Nabaneh, Satang. "The Gambia's new constitution has stalled again— 5 reasons why and what that means for democracy." The Conversation, 11 2024, https://theconversation.com/the-gambias-new-constitution-has-stalled-again-5-reasons-why-and-what-that-means-for-democracy-261809.