Emmanuel Daniel Joof, Chairman of the National Human Rights Commission
By Buba Gagigo
The National Human Rights Commission (NHRC) has called on the National Assembly to adopt a people-focused constitution during the National Conference on the Draft Constitution 2024. The conference, held on November 28–29, 2024, at the Sir Dawda Kairaba Jawara International Conference Centre, was organized under the theme Advancing National Consensus on the Draft Constitution 2024.
The event was convened with support from the European Union and the United Nations Development Programme (UNDP) and in collaboration with the Gambia Bar Association (GBA) and the Association of Non-Governmental Organizations (TANGO). Its primary aim was to provide a platform for political parties, civil society, and the public to deliberate on the Draft Constitution 2024, address contentious issues, and build consensus toward adopting a constitution that reflects the aspirations of Gambians.
The conference yielded several recommendations, including:
- Adoption of a People-Centered Constitution: The proposed constitution must embody the democratic values, human rights, and the rule of law that align with the will of the Gambian people.
- Enhanced Legislative Scrutiny: The National Assembly is urged to pass the Draft Constitution 2024 through its Second Reading, followed by detailed review at the Committee stage. The process should incorporate public input and expert analysis.
- Increased Civic Education: Institutions like the NHRC, the National Council for Civic Education, and civil society organizations are tasked with raising awareness about the draft constitution and promoting citizen engagement in the constitution-making process.
Conference delegates recommended reinstating or amending several provisions from the Draft Constitution 2020 to strengthen governance, transparency, and inclusivity:
- Police Detention Limits: Reduce the permissible detention period without court approval to 48 hours.
- Leadership and Integrity: Restore clauses that emphasize transparency and accountability in public service.
- Media Ownership: Amend restrictions on non-Gambians owning media outlets to eliminate discriminatory practices.
- Emergency Oversight: Reintroduce provisions empowering the Supreme Court to oversee presidential powers during emergencies.
- Judicial Independence: Modify budget processes to allow the Chief Justice to submit judiciary budget estimates directly to the Assembly.
The conference also advocated for other significant measures, including:
- Granting automatic citizenship to children born in The Gambia, regardless of parental nationality.
- Mandating presidential candidates to have a running mate.
- Restoring provisions to strengthen anti-corruption mechanisms and require asset declarations by presidential spouses.
Revisiting progressive clauses from the Draft Constitution 2020 was highlighted as essential to ensuring the final document upholds the principles of transparency, inclusivity, and good governance.
As the National Assembly prepares to deliberate on the Draft Constitution 2024, the NHRC and its partners emphasized the critical nature of this moment. They called on all stakeholders to seize the opportunity to advance constitutional reform and lay the foundation for a more equitable and democratic future in The Gambia.