Foroyaa,
Once again thanks for your contribution. I must admit the draft preamble
looks very impressive. Nevertheless it would not be appropriate to comment
without seeing the approved version.
Malanding Jaiteh
----- Original Message -----
From: Foroyaa +ADw-foroyaa+AEA-COMMIT.GM+AD4-
To: +ADw-GAMBIA-L+AEA-MAELSTROM.STJOHNS.EDU+AD4-
Sent: Thursday, June 03, 1999 7:30 AM
Subject: The Law Reform Commission and the 1997 Constitution (Part 3)
+AD4- THE LAW REFORM COMMISSION AND THE 1997 CONSTITUTION (Part 3 )
+AD4-
+AD4- The Controversy, The Doubts and The Facts
+AD4-
+AD4- ON THE PREAMBLE OF THE CONSTITUTION
+AD4-
+AD4- It was on 22 April 1996 that FOROYAA started to publish the provisions of
+AD4- the draft Constitution in order to encourage a debate before a referendum
+AD4- scheduled for 7 August 1996. The date of the referendum was later adjusted
+AD4- to 8 August, 1996.
+AD4-
+AD4- The 1970 Constitution did not have a Preamble. The draft Constitution,
+AD4- however, came up with a Preamble.
+AD4-
+AD4- We will first recall what we wrote on 22 April, 1996 and then proceed to
+AD4- show the difference between the Preamble embodied in the draft
Constitution
+AD4- and that which is contained in the approved Constitution. There is a major
+AD4- difference which calls for an amendment
+AD4-
+AD4- Our introductory remarks went as follows:
+AD4-
+AD4- +ACI-The draft Constitution is now public property. It belongs to each
Gambian
+AD4- who makes the effort to know its contents. He or she who does not know the
+AD4- fundamental law which establishes his or her country and spells out how
its
+AD4- economic, social, cultural and political life should be determined is yet
to
+AD4- be an enlightened citizen of a sovereign republic.
+AD4-
+AD4- +ACI-This is precisely the reason why FOROYAA has taken up the task of
producing
+AD4- the provisions or chapters of the draft Constitution in a series so that
+AD4- each Gambian will be able to know its contents.
+AD4-
+AD4- +ACI-For the information of the reader, the draft Constitution is not yet the
+AD4- fundamental law of the land. It has to be subjected to a referendum on 7
+AD4- August, 1996.
+AD4-
+AD4- +ACI-The referendum will determine whether the Gambian people want the
+AD4- provisions of the draft Constitution to be their fundamental law or not.
+AD4- Once approval is given by the people, the Constitution will become law
upon
+AD4- the swearing in of the First President of the Second Republic. An Election
+AD4- Decree is to make provision for the election of the First President of
the
+AD4- Second Republic and the National Assembly.
+AD4-
+AD4- +ACI-The draft Constitution has twenty three chapters. The first chapter
+AD4- establishes the Republic. The second chapter deals with the supremacy of
the
+AD4- Constitution to all other laws and provide guidelines of how to defend it.
+AD4- Chapter 3 defines citizenship. Chapter 4 establishes fundamental rights
and
+AD4- freedoms. Chapter 5 deals with elections and the establishment of
political
+AD4- parties. Chapter 6 deals with the office of President and his or her
+AD4- executive powers. Chapter 7 deals with the National Assembly and its law
+AD4- making powers. Chapter 8 deals with the Judiciary. Chapter 9 deals with
+AD4- Finance. Chapter 10 deals with the Ombudsman. Chapter 11 deals with the
+AD4- Public Services. Chapter 12 deals with the Police Force and Prison
Service.
+AD4- Chapter 13 deals with the Armed Forces. Chapter 14 deals with the Land
+AD4- Commission. Chapter 15 deals with the Local Government System and the
place
+AD4- of traditional rulers. Chapter 16 deals with the National Youth Service
+AD4- Scheme. Chapter 17 deals with the National Council for Civic Education.
+AD4- Chapter 18 deals with the establishment of Commissions of Inquiry. Chapter
+AD4- 19 deals with the Media. Chapter 20 deals with principles that should
guide
+AD4- the establishment of state policies. Chapter 21 deals with code of conduct
+AD4- for public officers. Chapter 22 deals with ways of changing the
+AD4- Constitution. Chapter 23 deals with appointments and resignations, as well
+AD4- as how we are going to move into the Second Republic.
+AD4-
+AD4- +ACI-FOROYAA shall try to explain what is in each of the chapters of the draft
+AD4- Constitution in a series of booklets.
+AD4-
+AD4- +ACI-HISTORY OF THE DRAFT CONSTITUTION
+AD4-
+AD4- +ACI-Under colonialism, The Gambia was a colony of the British monarchy. The
+AD4- people paid taxes but had no right to determine the economic, social,
+AD4- cultural and political life of the country. Gambian patriots like Francis
+AD4- Small laid the cornerstone of democracy by promoting the slogan +ACI-no
taxation
+AD4- without representation+ACI-. This means that those who pay taxes should have a
+AD4- say in determining who is to manage the money to provide public services.
+AD4- The struggle of the people to have a say in determining how the affairs of
+AD4- the country is run gave rise to the establishment of local councils,
+AD4- political independence and a sovereign republic in 1970.
+AD4-
+AD4- +ACI-When The Gambia became a sovereign republic, it should have been made
clear
+AD4- to the people that all organs of government should derive their authority
+AD4- from the people+ADs- that as a sovereign people, who own their country, they
are
+AD4- to determine its economic, social, political and cultural life and
safeguard
+AD4- its political independence, territorial integrity and national unity. It
+AD4- should have been made clear to the people that we cannot divide The Gambia
+AD4- into the original states and clans which existed before colonialism,
+AD4- inhabited by members of the different language groupings+ADs- that we have to
+AD4- live together as a Gambian people and cooperate to determine its economic,
+AD4- social, cultural and political life.
+AD4-
+AD4- +ACI-The birth of the sovereign republic of The Gambia called for the
+AD4- enlightenment of the people so that they would elect those who would
manage
+AD4- national wealth in the public interest. This enlightenment was not
enhanced
+AD4- in the First Republic. The government of the First Republic was overthrown
+AD4- on 22 July 1994.
+AD4-
+AD4- +ACI-Once a government is overthrown through a coup, the vacuum must be filled
+AD4- without the consent of the people. This is what gives rise to provisional
or
+AD4- care-taker governments pending the establishment of a government chosen by
+AD4- the people.
+AD4-
+AD4- +ACI-To ensure the empowerment of the people in The Gambia, a National
+AD4- Consultative Committee was established to work out a timetable for
+AD4- transition to the Second Republic under which all organs of government
shall
+AD4- derive their legitimacy from the authority of the people. The National
+AD4- Consultative committee submitted its report on 27 January 1995. It
+AD4- recommended a two year timetable. Constitutional and electoral reviews
were
+AD4- to take place between February and July, 1995. This was to be accompanied
by
+AD4- civic education. An Independent Electoral Commission was to be established
+AD4- in August which was to witness the promulgation of the electoral laws.
+AD4-
+AD4- +ACI-On 31 March 1995, the Constitutional Review Commission Decree was put in
+AD4- force. The Commission was given a mandate to formulate proposals for a
draft
+AD4- Constitution for The Gambia by taking into consideration the adequacy or
+AD4- inadequacy of the provisions of the 1970 Constitution and the views and
+AD4- comments of members of the general public, including professional
+AD4- associations.
+AD4-
+AD4- +ACI-The Commission was established on 20 April, 1995. It submitted its report
+AD4- in November, 1995.
+AD4-
+AD4- +ACI-Going through the draft Constitution, one can conclude that Justice
Gilbert
+AD4- Mensah Quaye and his team did take into consideration the concerns of
+AD4- diverse sections of Gambian society. It is now our duty to dissect the
+AD4- provisions and determine whether they reflect our common will.
+AD4- Notwithstanding, his tory shall treasure the actions of those who worked
+AD4- diligently to help the Gambian people to carve an instrument which shall
be
+AD4- an embodiment of their collective will pending the establishment of a
+AD4- government chosen by the people.
+AD4-
+AD4- +ACI-PREAMBLE
+AD4-
+AD4- +ACI-When a people come together to form an association, they must have
reasons
+AD4- for coming together. These reasons are summed up in the Preamble of the
+AD4- Constitution.
+AD4-
+AD4- +ACI-A Republican Constitution should be a sum total or embodiment of the
+AD4- collective will of a people. The Preamble of a constitution captures the
+AD4- letter, spirit or reasons which compel a people to come together to
+AD4- establish a Republic.
+AD4-
+AD4- +ACI-The Draft Constitution for the Second Republic contains the following
+AD4- Preamble:
+AD4-
+AD4- +ACI- +ACI-In the name of God, the Almighty,
+AD4-
+AD4- +ACI- +ACI-we the people of The Gambia have accomplished a great and historic
task.
+AD4- We have had our say on how we should be governed. For this Constitution
+AD4- contains our will and resolve for good governance and a just, secure and
+AD4- prosperous society.
+AD4-
+AD4- +ACI- +ACI-Our hopes and aspirations as a people were reflected in the enthusiasm
+AD4- and zeal with which we embarked on the task of nation building on the
+AD4- attainment of independence. The self-perpetuating rule of the recent
past,
+AD4- however, soon gave rise to the abuse of office and related vices which
+AD4- negated the total welfare of the Gambian people.
+AD4-
+AD4- +ACI- +ACI-This Constitution provides for us a fundamental law, which affirms our
+AD4- commitment to freedom, justice, probity and accountability. It also
affirms
+AD4- the principle that all power emanates from the sovereign will of the
people.
+AD4-
+AD4- +ACI- +ACI-The fundamental rights and freedoms enshrined in this Constitution,
will
+AD4- ensure for all time respect for and observance of human rights and
+AD4- fundamental freedoms for all, without distinction as to ethnic
+AD4- considerations, gender, language or religion. In acknowledging our
+AD4- fundamental rights we also affirm our duties and responsibilities as
+AD4- citizens of this Country.
+AD4-
+AD4- +ACI- +ACI-This Constitution guarantees participatory democracy that reflects the
+AD4- undiluted choice of the people. The functions of the arms of government
have
+AD4- been clearly defined, their independence amply secured with adequate
checks
+AD4- and balances to ensure that they all work harmoniously together toward our
+AD4- common good.
+AD4-
+AD4- +ACI- +ACI-As we usher in the Second Republic and beyond we give ourselves and
+AD4- generations of Gambians yet unborn this Constitution as a beacon of hope
for
+AD4- peace and stability in our society and the good governance of The Gambia
for
+AD4- all time.
+AD4-
+AD4- +ACI- +ACI-In this spirit, we continue to pledge our firm allegiance to our
beloved
+AD4- Country and pray that the Great God of Nations will keep us all ever true
to
+AD4- The Gambia.+ACI-
+AD4-
+AD4- +ACI-This is to be the Preamble of the Constitution of the Second Republic. Do
+AD4- you have any objection? It is your duty to decide.+ACI-
+AD4-
+AD4- This is what we wrote on 22 April, 1996. Let us now turn to the Preamble
of
+AD4- the approved Constitution:
+AD4-
+AD4- TO BE CONTINUED
+AD4-
+AD4- --------------------------------------------------------------------------
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