The following is from Burning Issues (FOROYAA Publication) Friday, 16 February
2001
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18 February: Independence or Constitutional Monarchy?

On 18th February 2001 Gambians will commemorate what is often referred to as
Independence Day. It is established that the Gambia became independent on
the 18th February 1965.

It is important to examine whether Gambians should celebrate 24th April 1970
as independence day or 18th February 1965. Gambians should know their
history.
A brief review of our history would reveal that colonialism took place
gradually.

The term imperialism is not only a political categorisation coined by some
radicals.
On the contrary, the British monarch pursued their colonial interest under
an Imperial Act. The Imperial Act VI, Victoria 13 of the April 1843 was
enacted to enable her majesty to provide for the government of her
settlement on the coast of Africa. The King or Queen of the United Kingdom
made laws known as order in council for the settlement. The privacy council
served as an advisory body for making laws for the British settlements. The
British monarch appointed governors, grant land to settlers, constituted
courts appointed judges, established executive and legislative councils to
advice the governors. The small settlements which were established through
the consent of the Kings of the various states in the Gambia and elsewhere
were seen as colonial settlements.

The British settlements remained small in the Gambia until the end of the
19th century. In fact even Kombo was divided into a colonised Kombo and
liberated Kombo. The colonised Kombo was locally called "Kombo Tubab Banko".
The colonialist used to call the liberated Kombo  as "foreign Kombo". The
battle against Foday Sillah the King of Kombo in 1894 and that against Foday
Kaba Dumbuya led to the defeat, capture and exiling of Foday Sillah and the
killing of Foday Kaba. This made it possible for the British crown to
establish indirect rule on the whole territory known as the Gambia as agreed
between the British crown and the French on 10 August 1889.

The governor had the authority to divide the country into divisions and
districts and appoint commissioners to administer divisions and chiefs to
administer districts. He could order the suppression of military and banish
Gambians into exile. His government collected taxes and administered the
country.

The movement for self government started as far back as 1920 and was led by
Edward Francis Small. Newspapers, Ratepayers Association, unions, Farmers
Co-operatives were utilised as instruments to mobilise, organise and
sensitise people for self government.

The struggle for self government was opposed by the colonial administrators.
However, town councils emerged with elected minorities and official
majorities as far back as 1930. Eventually this was followed by calls for
election to fill the posts in the advisory bodies known as executive and
legislative councils. This battle was won and limited suffrage was
introduce. By 1950 the movement to establish political parties had emerged
and contested for seats in the legislative council took on a more partisan
character.

The demand for universal suffrage intensified. A constitutional conference
was held in 1959 which gave birth to the 1960 constitution.
Universal suffrage was introduced and 12 seats were allocated to the then
protectorate from the colony.

In 1961, the Gambia Workers Union which had developed a radical agenda not
only for higher wages but also for political transformation of the country
in line with trade unions in Ghana and elsewhere in organised a successful
strike in January 1961. The whole country was put to a stand still at a time
when the trade season was supposed to have been in full force.

Even the once dormant court servants became more determined to wake up from
their political slumber. They began to agitate for the Gambianisation of the
public service. Constitutional talks were held in 1961 to address the new
realities. The bitter rivalries between the political  parties delayed the
enlightenment of the people. Political loyalty centred around time, the
rural/urban dwellers and personalities.

Hence instead of gaining independence the constitutional changes made room
for internal self government in 1963.
A constitution came into being in 1963 which transformed the executive
council into a cabinet. The Queen still remained sovereign. The governor had
control of defence and, the security forces, public services  and foreign
affairs.

The Gambia is said to have become independent on the 18th February 1965. The
fact of the matter however is that while the 1906 constitution gave
authority for the cabinet to be in charge of foreign affairs defence
executive power was vested in her majesty the Queen of the U.K.
Section 32 of the 1965 constitution reads;
"There shall be a parliament which shall consist of Her Majesty and a House
of Representatives."
Section 29 indicated that "There shall be a Governor-General who shall be
appointed by Her Majesty and shall hold office during her Majesty's pleasure
and who shall be her majesty's representative in the Gambia."

Section 60 subsection (1) indicated that "The Governor-General may at any
time prorogue or dissolve Parliament."

Section 62 sub section (1) indicated that "The executive authority of The
Gambia is vested in Her Majesty."

Subsection (2) adds that "Subject to the provision of this constitution, the
executive authority of  The Gambia may be exercised on behalf of Her Majesty
by Governor- General, either directly or through officers subordinate to
him."

Hence it is clear that Gambia was still a constitutional monarchy on the
18th February 1965. It was not a sovereign Republic.
A sovereign Republic cannot owe any allegiance or obedience to foreign power
or state. On the 18th February 1965 the Queen of England still hold
executive power in the country.

The Gambia became a sovereign Republic on 24th April 1970. This is why the
1970 constitution has no provision for a Queen's representative in the
country.

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