Why All These Amendments?


The Independent (Banjul)

EDITORIAL
December 11, 2000

Banjul

In a clandestine effort to 'tidy up' the constitution the APRC government is
only just about to make a complete mess of the state document. Trying to change
39 provisions of the constitution including some entrenched clauses is really
making us wonder about the real motive of the government whose officials were
the authors of the 1997 constitution in the first place.

Gambians at this point would be right if they are suspicious about the reason to
have the constitution changed at this point when the nation is about to be
caught by election fever.

What is the APRC government really up to? If no explanation is forthcoming,
Gambians are likely to take it as just another attempt by the powers that be to
entrench themselves in power before the people decide in the 2001 elections. The
gazettes have revealed a lot about the proposed changes. Many as these
provisions are we have not seen anything written about the term limit for the
president. Gambians who voted in the referendum will never forget that this
important suggestion was seriously overlooked. Thus Jawara's 'mistake' of
overstaying in power is still the mistake that the APRC will almost happily live
with as long as it serves those in power. What double standards! What an ugly
contradiction!

Gambians should see the examples of neighbours like Senegal, Guinea Bissau,
Ghana, Tanzania and South Africa - African countries that have worked a very
effective way out for leaders who are only there for themselves. But the
situation as recent trends have shown is contagious and The Gambia could not
possibly escape its grasp. The wind of change we all anticipated after PPP's
demise did not come in full force. It took Gambians six years to realise the
'change' was no change at all. It merely occasioned a brief pause from the
plunder and recklessness of our leaders. Thus our problem is still a question of
governance. Who are our rightful leaders? There is general consensus as to the
importance of constitutions, and respect for constitutional principles and the
rule of law as the basis for democratic governance. But the emphasis is that the
formulation or amendment of constitutions must also be through a democratic and
participatory process if they are to fully reflect the aspirations of the
majority of citizens. In this respect, the Government's recent plans to deny
recognition to fundamental basic rights and recognition to other extra-
constitutional provisions are inimical to rights of the person.

Among other things, the fundamental importance of the judiciary was recognised
in the constitutional provisions to be amended. However, there attention must
also be given to strengthening the institutions that support democracy; an
effective public service, capable local government structures, an independent
and competent judiciary, and a representative legislature.

However, democracy is not only about regular multiparty elections and formal
institutions. Democratic principles and practices have to be embedded in a
democratic political culture, which is essential if democracy is to be deepened
and sustained. Without such a culture, there is a danger that the form, but not
the substance of democracy, will prevail. Autocratic practices will continue
under the guise of multi-part democracy. In The Gambia, the prevailing political
culture is still conditioned by non-democratic norms and values. A democratic
culture cannot be imposed, and the challenge facing the country is to develop a
political culture that has resonance for all citizens, and that will give form
and meaning to democracy as a system of governance.

Gambians beware of the crackpot types.

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