Hi Mr. Sallah, Thanks for your respond. You mentioned that both constitions did not have term limit for a sitting president but could you lament on some other minor differnces which i did not ask? Actually, i did not have the copy of both constitutions right now so i will appreciate if you can send phamphlets to me. If original copies are sent, i will reimburse you with the cost and handling charges. Thanks LAMIN PF MANNEH >From: foroyaa <[log in to unmask]> >Reply-To: The Gambia and related-issues mailing list ><[log in to unmask]> >To: [log in to unmask] >Subject: Re: To: Lamin P.F. Manneh >Date: Tue, 8 Feb 2000 15:18:17 -0000 > >Lamin, > >Thank you for the update. The constitution, which is now in force, is the >constitution of the Republic. Apparently, this is what has been subjected >to >a referendum. The original draft, which was published, is what we have >produced in small pamphlets. Hence, both texts are available. I do not know >whether you have a copy of the present constitution. If you do, I can send >you copies of the pamphlets we produced on the original draft so that you >can make a comparative analysis. > >To address your question as to which one contains the wishes of the people, >I can only say that the basic provisions of the two are the same. > >For example, chapter 1, section 1 indicates that "The Gambia is a Sovereign >Republic." > >Section 19 states that: > >"(1) Every person shall have the right to liberty and security of person. >No >one shall be subjected to arbitrary arrest or detention. No one shall be >deprived of his or her liberty except on such grounds and in accordance >with >such procedures as are established by law. > >"(2) Any person who is arrested or detained shall be informed as soon as is >reasonably practicable and in any case within three hours, in a language >that he or she understands, of the reasons for his or her arrest or >detention and of his or her right to consult a legal practitioner. > >"(3) Any person who is arrested or detained - > >"(a) for the purpose of bringing him or her before a court in execution of >the order of a court; or > >"(b) upon reasonable suspicion of his or her having committed, or being >about to commit, a criminal offence under the law of The Gambia, > >"and who is not released, shall be brought without undue delay before >court >and, in any event, within seventy-two hours. > >"(4) Where any person is brought before a court in execution of the order >of >a court in any proceedings or upon suspicion of his or her having committed >or being about to commit an offence, he or she shall not thereafter be >further held in custody in connection with those proceedings or that >offence >save upon the order of a court. > >"(5) Of any person arrested or detained as mentioned in subsection (3) (b) >is not tried within a reasonable time, then without prejudice to any >further >proceedings which may be brought against him or her, he or she shall be >released either unconditionally or upon reasonable conditions, including, >in >particular, such conditions as are reasonably necessary to ensure that he >or >she appears at a later date for trial or proceedings preliminary to trial. > >"(6) Any person who is unlawfully arrested or detained by any other person >shall be entitled to compensation from that other person or from any other >person or authority on whose behalf that other person was acting." > >Section 26 asserts that: > >"Every citizen of The Gambia of full age and capacity shall have the right, >without unreasonable restrictions- > >"(a) to take part in the conduct of public affairs, directly or through >freely chosen representatives; > >"(b) to vote and stand for elections at genuine periodic elections for >public office, which elections shall be by universal and equal suffrage and >be held by secret ballot; > >"(c) to have access, on general terms of equality, to public service in The >Gambia." > > >Section 27 states: > >"(1) Men and women of full age and capacity shall have the right to marry >and found a family. >"(2) Marriage shall be based on the free and full consent of the intended >parties." > > >Section 28 further indicates that: > >"(1) Women shall be accorded full and equal dignity of the person with men. >"(2) Women shall have the right to equal treatment with men, including >equal >opportunities in political, economic and social activities." > > > >Section 29 proceeds to state: > >"(1) Children shall have the right from birth to a name, the right to >acquire a nationality and, subject to legislation enacted in the best >interest of children, to know and be cared for by their parents. >"(2) Children under the age of sixteen years are entitled to be protected >from economic exploitation and shall not be employed in or required to >perform work that is likely to be hazardous or to interfere with their >education or be harmful to their health or physical, mental, spiritual, >moral or social development. >"(3) A juvenile offender who is kept in lawful custody shall be kept >separately from adult offenders." > >Section 30 states: > >"All persons shall have the right to equal educational opportunities and >facilities and with a view to achieving the full realisation of that right- >"(a) basic education shall be free, compulsory and available to all; >"(b) secondary education, including technical and vocational education, >shall be made generally available and accessible to all by every >appropriate >means, and in particular, by the progressive introduction of free >education; >"(c) higher education shall be made equally accessible to all, on the basis >of capacity, by every appropriate means, and in particular, by progressive >introduction of free education; >"(d) functional literacy shall be encouraged or intensified as far as >possible; >"(e) the development of a system of schools with adequate facilities at all >levels shall be actively pursued. > > >Section 31 also indicates: > >"(1) The right of the disabled and handicapped to respect and human dignity >shall be recognised by the State and society. >"(2) Disabled persons shall be entitled to protection against exploitation >and to protection against discrimination, in particular as regards access >to >health services, education and employment. >"(3) In any judicial proceedings in which a disabled person is a party, the >procedure shall take his or her condition into account. > >Section 60 states: > >"(1) Subject to the provisions of this section, political parties may be >established to participate in the shaping of the political will of the >people, to disseminate information of political ideas and on political, >economic and social programmes of a national character, and to sponsor >candidates for public elections. > >"(2) Subject to the provisions of this section, an Act of the National may >make provision for the registration and cancelling of registration by the >Independent Electoral Commission, and the functioning and the operation, of >political parties, including the prescription of penalties for the failure >to register by associations which carry out the functions of political >parties or the carrying out of such functions by associations which have >been refused registration or the registration of which has been cancelled. > >"(3) The number of political parties shall not be limited by law and every >citizen of The Gambia shall have the right freely to choose whether or not >he or she will become a member of a political party and which party he or >she will support. > >"(4) No association shall be registered, or remain registered, as a >political party if > >"(a) it is formed or organised on an ethnic, sectional, religious or >regional basis; > >"(b) its internal organisation does not conform to democratic principles; >or > >"(c) its purpose is to subvert this Constitution or the rule of law. > >"(5) Every association seeking to be registered as a political party shall >submit to the Independent Electoral Commission- > >"(a) a copy of the association's constitution; > >"(b) the association's name and full address and the names and addresses of >all its officers; > >"(c) the full address of its secretariat; and > >"(d) the party's emblem, colour, motto or symbol. > > >"(6) A registered political party shall be required- > >"(a) at the time of its application for registration, to deliver to the >Commission a written commitment to encourage the spirit of tolerance and >multiculturism amongst the inhabitants of The Gambia and to provide its >members with opportunities to benefit from any government programme of >civic >education; > >"(b) as occasion may require, to declare to the Commission and the public >its revenues and assets and the source of its revenue and assets; > >"(c) to publish annually its audited accounts and to lodge a copy with the >Commission. > >"(7) A registered political party shall not received any contribution or >donation to its expenses or otherwise from any person who is not a citizen >of The Gambia, or from any corporate or unincorporated body. > >"(8) Any registered political party that intends to contest any election >shall deliver to the Commission on or before nomination day a copy of its >manifesto containing, among other matters, a clear explanation of the >party's programme for national development." > > >Section 100 states: > >"(1) The legislative power of The Gambia shall be exercised by Bills passed >by the National Assembly and assented to by the President. > >"(2) The National Assembly shall have no power to pass a Bill - > >"(a) to establish a one party state; > >"(b) to establish any religion as a state religion; > >"(c) to alter the decision or judgment of a court in any proceedings to the >prejudice of any party to those proceedings, or deprive any person >retroactively of vested or acquired rights, > >"but subject thereto, the National assembly may pass Bills designed to have >retroactive effect. > >"(3) Where a Bill passed by the National Assembly is presented to the >President for his or her assent, the President shall, within thirty days, >assent to the Bill or return it to the National Assembly with the request >that the National Assembly reconsider the Bill; and if he or she requests >the National Assembly to reconsider the Bill, the President shall state the >reasons for the request and any recommendations for amendment of the Bill. > >"(4) Where the National Assembly has reconsidered a Bill as so requested in >accordance with subsection (3) and has resolved by a vote supported by not >less than two thirds of all the members of the National Assembly that the >Bill, with or without the amendments recommended by the President, be >presented again to the President for his or her assent, the President shall >assent to the Bill within seven days of it being so presented. > >"(5) A Bill which has been duly passed by the National Assembly and >assented >to by the President shall become law as an Act of the National Assembly and >the words of enactment shall be "Enacted by the President and the National >Assembly". > >"(6) The President shall cause Acts of the National Assembly to be >published >in the Gazette within thirty d ays of assent. > >"(7) No Act of the National Assembly shall come into operation until it has >been published in the Gazette, but the Act or some other Act of the >National >Assembly may provide for the postponement of its coming into force. > >"(8) Nothing in this section shall prevent an Act of the National Assembly >from conferring on any person or authority the power to make subsidiary >legislation." > > >We can go on and on to show the provisions that convey the wishes of the >people. However, both drafts did not contain a term limit. Both contain the >indemnity provision. > >One of the differences between the original draft and the final one can be >found in the preamble. If you examine the preamble of the original draft, >the July 22 coup was not mentioned at all. In the final draft, it is >mentioned. Even though a preamble is not a part of the provisions of a >constitution, it is an embodiment of its spirit. It is my opinion that a >republican constitution should not make any reference to an assault against >constitutional authority. > >So both drafts contain some wishes of the people and elements which vast >majority of the people may not support. Your question did not raise the >issue of the minor differences between the two. I do not want to get into >an >issue you did not raise. > >I am waiting to hear from you. > > >Greetings. > > >Halifa Sallah. > > > > >-----Original Message----- >From: Lamin Manneh PF <[log in to unmask]> >To: [log in to unmask] <[log in to unmask]> >Date: Tuesday, February 08, 2000 02:53 >Subject: Re: To: Lamin P.F. Manneh > > > >Halifa, > > What i was trying to say is that Gambians did not know the content >of > >the Redraft constitution because it was released on the eve of the > >refrendum. > >Thanks > >Lamin pf Manneh > >---------------------------------------------------------------------------- > >To unsubscribe/subscribe or view archives of postings, go to the Gambia-L >Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html > >---------------------------------------------------------------------------- ______________________________________________________ Get Your Private, Free Email at http://www.hotmail.com ---------------------------------------------------------------------------- To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ----------------------------------------------------------------------------