Response to the Attorney General & Minister of Justice, Honourable Dawda Jallow regarding Consultations With CSOs On The Draft Constitution
Mrs. Yadicon Nic Eribo. Chairperson. TANGO
29 August 2024
The Association of Non-Governmental Organisations in the Gambia (TANGO) notes with concern the information provided by the Attorney General & Minister of Justice, Honourable Dawda Jallow in his remarks at the Ministry of Information’s press conference on 28th August 2024 where he spoke about the gazetted 2024 draft constitution. In his remarks, highlighting the consultative efforts undertaken by the Government in its drafting of the document, Mr.
Jallow referenced several times how the Government consulted with CSOs in the process. In particular he mentioned the Transitional Justice Working Group, the Gender Platform and the Youth Forum among other unnamed CSOs.
The assertion that civil society was adequately consulted during the initial phase of mediation for The Gambia’s 2024 draft constitution is fundamentally flawed and misleading. What we recall was that when the 2020 draft failed and H. E. Goodluck Johnathan, former President of Nigeria, came into the country, in 2021, to meet with stakeholders, Civil Society was indeed consulted. But this was geared towards bridging the gap in building consensus for the revival of the constitution building process. It is also true that when H. E. Iba Chambers was Chairman of the group of Eminent Persons, chosen to chart a way forward for tabling the Draft Constitution again before the National Assembly, CSOs were consulted but not on matter of the text of the draft but rather to brief on a new process to revive the 2020 draft constitution. Despite govemment assertions and official statements suggesting otherwise, suhstantial evidence indicates that civil society a crucial stakcholder in the constitutional review process was not engaged in any meaningful way. As the umbrella association for CSOs, TANGO. Board and Secretariat have not been involved or consulted in the process of drafting the gazetted 2024 draft Constitution.
Civil Society Organizations (CSOs) in The Gambia, play a vital role in promoting democracy, human rights, social justice among others. Not only do we serve as intermediaries between the government and the general puhlie, advocating for transparency, inclusiveness, and accountability. Our involvement is essential for ensuring that the constitutional building process is genuinely representative and reflective of the brader populace’s needs and aspirations. CSOs also play a crucial role in enhancing ownership of such important documents, that will eventually need the endorsement of the electorate. Reports and feedback from various CSOs reveal a stark contrast to the govemment’s claims of extensive consultation.
Indeed, since the collapse of the 2020 draft constitution several CSOs individually or collectively initiated and engaged in activities geared towards bringing about consensus among stakeholders on the contentious issues raised
in that draft.
In light of the foregoing. we are therefore interested to know which CSOs were engaged when, where and how. Now that the draft has been gazetted hefore being tabled at the National Assembly, we urge the Honourable Members of Assembly, to create a broad-based consultative process in which all stakcholders will have the opportunity to fully participate. TANGO and all CSOs remain ready and willing to provide all necessary support to the constitution building process which should he consultative, inclusive, and transparent by all standards.
In conclusion, Civil Society, welcomes the explanatory notes to the gazetted Draft and will diligently study it together with the draft Constitution and come up with its position paper that will be widely shared with stakebolders.
Mrs. Yadicon Nic Eribo. Chairperson. TANGO