By Buba Gagigo
In the Explanatory Notes of the 2024 draft constitution, the government of the Gambia raised concerns that mandatory asset declarations could be perceived as intrusive and potentially infringe upon personal privacy without adequate justification.
“The asset declaration after leaving office should be left to the discretion of the Anti-Corruption Commission upon reasonable suspicion. Mandatory declarations can be seen as intrusive, potentially infringing on personal privacy without justified cause. By having a system based on reasonable suspicion, the balance between transparency and individual privacy is carefully maintained. It reinforces the legal principle of “innocent until proven guilty,” fostering a fairer environment for public officials,” they explained in the note.
They further noted that subjecting officials to constant scrutiny might create a perception of unfair targeting, which could deter ‘honest and capable’ individuals from pursuing public service.
“A system based on reasonable suspicion emphasizes the merit of officials who perform their duties ethically, knowing they won’t be unfairly scrutinized but will be held accountable under credible conditions. Mandating declarations can create opportunities for political weaponization, where opponents use procedural requirements to harass and undermine each other. Ensuring that asset declarations are requested only when there is reasonable suspicion helps avoid this potential misuse, protecting the process’s integrity,” they concluded.