Constitutional Law at Gambia
The 2020 Draft Constitution of The Gambia represents a significant step in the nation's constitutional development, aiming to establish a democratic framework that upholds human rights, decentralizes governance, and promotes transparency. However, as of April 2025, this draft has not been enacted into law.
🇬🇲 Key Features of the 2020 Draft Constitution
1. Democratic Governance and Separation of Powers
The Constitution proposes a separation of powers among the executive, legislature, and judiciary to ensure checks and balances.
It establishes a bicameral National Assembly, comprising a House of Representatives and a Senate, to enhance legislative oversight and representation.
2. Human Rights and Fundamental Freedoms
The draft enshrines comprehensive human rights protections, including freedom of expression, assembly, and association.
It guarantees economic, social, and cultural rights, aiming to improve the standard of living for all citizens.
3. Decentralization and Local Governance
The Constitution emphasizes decentralization, proposing the establishment of local government authorities with legislative and executive powers to promote local development and citizen participation.
It mandates that local governments have reliable sources of revenue to enable effective service delivery. (Gambia (The) 2020 Constitution - Constitute)
4. Anti-Corruption Measures and Accountability
The draft establishes an Anti-Corruption Commission with the mandate to investigate and prosecute corruption-related offenses.
It proposes stringent measures for the financial probity of public officers, including restrictions on gifts and loans, and requirements for asset declarations. (Gambia (The) 2020 Constitution - Constitute)
5. Judicial Independence and Access to Justice
The Constitution guarantees the independence of the judiciary, ensuring that judges are free from interference in their decision-making.
It provides for access to justice, including the right to a fair and public trial, legal representation, and protection from arbitrary detention.
6. Transparency and Public Participation
The draft emphasizes transparency in governance, requiring public access to information and participation in decision-making processes.
It proposes the establishment of institutions like the Ombudsman and the National Human Rights Commission to promote accountability and protect citizens' rights.
⚠️ Status and Challenges
Despite widespread public support for the 2020 Draft Constitution, it has faced significant challenges in the legislative process. In 2020, the National Assembly rejected the draft, citing concerns over certain provisions. This decision has led to ongoing debates and calls for constitutional reform.
In 2024, a revised draft was presented, incorporating amendments to address some of the concerns raised. However, as of now, the revised draft has not been enacted, and The Gambia continues to operate under the 1997 Constitution, which has been subject to various amendments over the years.
📘 Accessing the Draft Constitution
The full text of the 2020 Draft Constitution of The Gambia is available at the Constitute Project. (Gambia (The) 2020 Constitution - Constitute)
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