COLUMN | The CRC Press Conference: A Solemn Eulogy or, a Reluctant Validation?



 

By Pa Louis Sambou 

 

I must begin by lamenting the personal abuse Justice Jallow said they have been subjected; the subject-matter is indeed quite a highly charged one and, whilst emotions may flare up from time to time, I completely agree that such must not degenerate below acceptable boundaries of robust disagreement. Out of his 6,755 worded speech, this is about the only thing I find myself in agreement with — such is the level of disagreement as far as this “constitutional reformist and reform pessimist” cum critic is concerned. I don’t know about others but, for this critic, the ‘label’ is well received. 

 

I guess most would agree with me that a reasonable response to most set-backs in life begins with an acknowledgement of the misfortune. The verdict on the draft Constitution at the National Assembly two weeks ago was no small set-back but, it appears to be the case that, for the Constitutional Review Commission (CRC), it is as if the event never happened. The draft Constitution is apparently “not dead” and the CRC “feels satisfied with the product of its assignment” we were told. Would it really take a Majanko Samusa “Commission of Inquiry” to make reality dawn on them? 

 

Being strong is a virtue but, being strong and wrong sadly isn’t.  About time they smell the coffee: the draft is too divisive a framework and it’s best left consigned to history and for good. 

 

In light of the circumstances, a solemn eulogy rather than a reluctant validation would have been much more appropriate. Had we had the former, the nature of the conversation to be had today would be quite different but, hence that is not the case, it is in my view right and proper to do justice to the validation. 

 

The public interest would have been better served if the honourable Chair shared his views as to the reason why rather than seek a consensus on the contentious issues, they adopted a strategy whose objective was to appease the desires of the ‘majority’ at the colossal expense of the rest. Getting the draft Constitution over the line appeared to have been their sole objective and, one gets the impression that risking our centuries long social cohesion was deemed a worthy price to pay. But lo and behold, their political masters had better plans, the spectacular execution of which rendered the CRC and its ‘lobby’, the blameworthy victims of their own mischief. 

 

I came away from the press conference wondering why the issues covered were much narrower than the scale and plethora of issues which constitute the subject matter. Having read the CRC final report specifically paragraph 477 (which states that non-Muslims will not be subject to Shariah law) in light of draft section 188(1) (whose legal effect is the quite opposite: that non-Muslim spouses, children and dependants of a Muslim shall be subject to Sharia law), I most definitely have no good reason whatsoever to accuse the CRC of equivocation. Furthermore, the CRC Chair and Vice Chair on at least two occasions stated categorically and in no uncertain terms that “no one made any submissions for the word ‘secular’ to be put in the preamble” but, of course without establishing that such question was not even asked on the consultation paper. Therefore, I’ve since learnt to pay greater attention to what they’re not saying than what they’re actually saying – a new skill thanks to them. I hope you get my drift?

 

A general charge was levelled at critics of the draft Constitution and, it is only fair that it is addressed. The entity I am privileged to be a founding Fellow of (Democracy Watch Gambia) reviewed every provision of the 1997 Constitution between January and May 2018, compiled and submitted to the CRC a submission consisting 45 pages and 16,598 words, in addition to every other written submission thereafter. So, contrary to the Honourable Justice’s charge, my opposition to the draft Constitution is one driven by firm principles which I hold dear: respect for human rights. 

 

I am on record for labelling the draft Constitution a “Genocide Charter” and in light of the lamentation by the Honourable Justice, I think I have a duty to authoritatively substantiate this:

 

The draft Constitution proposes to strip away from the Christian minority the very human rights safeguards which guarantees their existence as sovereign citizens of equal status and to the effect that: 

 

·       An Islamic State shall not emerge by an amendment of an unentrenched provision

·       Citizens among them Christians shall not be denied employment etc. on grounds of their religious belief

·       Christians shall not be subject to Sharia Law

·       Citizens among them Christians will not appear before a judge in the Common law Courts who does not have competency in the Common law

 

The legal effect of the above proposal in the draft Constitution will impose “conditions of life (on the Christian minority) calculated to bring about its physical destruction in whole or in part.” This is one of the five legal definitions of Genocide under the Rome Statute, Article 6(c). Therefore, the label “Genocide Charter” is one which I used advisedly. 

 

The Gambia, having stood up for the Rohingya Muslim minority in Myanmar and rightfully so, we stand to draw attention onto ourselves for all the wrong reasons and, in all honesty, I am being rather helpful by pointing out what may be an oversight on the part of the CRC so as to have it addressed.  

 

Finally, I completely understand how painful it must be but, I humbly advise that the CRC accept that this is the end of the road and, that the draft Constitution is dead. In the alternative, I solemnly look forward to the Majanko Samusa “Commission of Inquiry”


About the Author

The author is regular columnist contributor to this medium. 

Twitter handle: @That_Pragmatist 


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Views expressed herein are those of the author and do not necessarily represent the views of the publisher. Want to be a contributing author? Please email opmail220@gmail.com

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