Marr Nayang, Founder and Executive Director of Gambia Participates
By Buba Gagigo
Marr Nyang, the Founder and Executive Director of Gambia Participates, has criticized the amendment process of the Draft Constitution, citing extreme secrecy and a lack of transparency. However, he opposes the idea of a complete rejection of the constitution.
“I think the approach employed by the Barrow government and his Justice Minister is unconventional and unpopular. The whole process of amending the draft constitution was shrouded with the highest level of secrecy and lack of transparency. Which is very sad,” he said.
He highlighted that the 2020 Draft Constitution emerged from extensive consultations, incorporating both local perspectives and international best practices. While acknowledging that amending the draft to address key issues like the retroactive clause and ambiguities surrounding marriage was necessary, Nyang stressed that citizens did not expect the government to manipulate the document for short-term political gains.
“For example, how can a President Nominate a National Assembly member and have the powers to recall that Parliamentarian at any given time? This is clearly anchored to kill the independence of Parliamentarians. In fact, it was settled by citizens that the issue of nominating Parliamentarians should be removed. All Parliamentarians must be democratically elected, except for the seats reserved for the underrepresented communities (women, youth and persons with disabilities). Why bring back this old political manipulation of independent institutions?” he asked.
Despite his concerns about certain undemocratic aspects of the 2024 Draft Constitution, Nyang still believes it is an improvement over the 1997 Constitution.
“What we must do now is to filter all the undemocratic clauses and engage Parliamentarians to address them. I am not part of the school that will campaign for the total rejection of this constitution, but to put pressure on Parliamentarians to address and give citizens the “Constitution We Deserve”. And just a quick reminder for the current Parliamentarians, two years ago, over 30 NAMs were voted out of office, most of whom denied citizens the constitution they wanted. So let them be cautious of their actions in this draft constitution. Give citizens the constitution they want, not a Constitution that Barrow or Darboe wants,” he said.
Nyang further emphasized that President Barrow and his cabinet must realize that their time in office is not indefinite.
“So they must not be myopic of the consequential effects of the decision they are making today,” he concluded.