By Madi Jobarteh
Gambians, let us stand up to create and protect our future which begins with this Final Draft Constitution. This is the tool with which we can make a complete break from the past and begin the arduous and sacred journey of building a future in which we can pursue our shared values, objectives and uphold our rights and dignity as equal citizens on this land in peace and security. Let us be alert to the attacks against this final draft constitution from quarters that have no interest in the empowerment, equality and prosperity of our people.
The current onslaught against this final draft that we are seeing from the Cabinet and so-called Presidential Advisors and Barrow’s political surrogates and apologists calls for urgent resistance. These people have no interest other than to perpetuate one person in power regardless. For them, The Gambia was carved out for only Adama Barrow and therefore they are set out to impugn the CRC and the final draft constitution just to achieve that diabolical objectives. This is precisely the only reason the President refused to gazette the final draft constitution since the day it was handed over to him.
The final draft constitution is progressive because it has provided all the necessary safeguards that uphold the necessary standards and tools to ensure democracy and good governance flourish in the country. In the final draft the rights of citizens have been adequately stipulated with the necessary processes and tools available to citizens to claim and defend their rights. There are also adequate provisions that empower citizens to hold the government accountable by challenging its decisions in the courts.
Furthermore, the final draft has also given powers to the National Assembly to play its oversight functions adequately. Unlike the 1997 Constitution the final draft empowers NAMs to truly check and discipline the executive branch of government in ways that will restrain the power of the president and the government as a whole. In other words, it has reduced the powers of the executive without denying them the necessary authority to perform their executive roles effectively. This is essential in a democracy to guard against an overbearing president which is the recipe for dictatorship.
Other benefits of the final draft constitution are the creation of independent institutions which are further mandated to also hold the entire State accountable. These institutions also mean more power, protection and freedom of the citizen. Through these institutions, citizens have the opportunity and the tools to check the state at every level just to protect the national interest, defend individual and collective rights and protect public wealth.
If you are a child or a woman or a person with disability or a youth or a person in a vulnerable position rest assured that this final draft constitution has given you adequate protection and space. It has ensured that women, persons with disabilities and young people get access to power as NAMs or President by setting a lower qualification age of 30 and 21 respectively.
Indeed, for every constitution there will be areas that any citizen would want to remove or add on to them. I have issues in the final draft constitution that if given the opportunity I would rephrase the wording or remove a certain provisions altogether and add new ones. Even Justice Cherno Jallow, if given a second chance, I am sure he has one letter or sentence he would like to change in some way! But let us look at who is changing what and for what reasons. Are they seeking the change for the greater enjoyment of freedoms, protection of rights and promoting good governance, or are they seeking changes only to perpetuate one person in power? The latter is what President Barrow and his stooges are aiming to do. Resist them.
Having said that, I cannot fail to ignore the concerns of The Gambia Christian Council over the presence of Shari’ah Courts in the final draft constitution with which I fully agree. I recognize the clear and direct experience of abuse meted out to the Christian community due to the abuse and weakness of the 1997 Constitution by Yahya Jammeh. Hence where they raise a concern I find it worthy of our attention.
But even with this concern I will not suggest the President or the NAMs to change anything in the final draft constitution. This is because if I allow them to change one thing what guarantee do I have that they will not change another issue with ulterior motives. Therefore, I strongly hold that the government must just send the final draft to a referendum. When this final draft constitution is approved there will be mechanisms through which we can continue to address our issues and concerns in the approved constitution.
Therefore, stand up to protect this final draft constitution.