Photo: Chief Civil Education Officer, Yusupha Bojang
By Buba Gagigo
The National Council for Civic Education (NCCE), in partnership with the National Assembly, has successfully concluded the National Constituency Consultative Dialogue on The Gambia’s 2024 Draft Constitution. The dialogue, which engaged approximately 2,000 Gambians across 20 sessions nationwide, ran from May 17 to June 1, 2025. The initiative, supported by the European Union (EU) and the United Nations Development Programme (UNDP) through the EU-funded GREAT Project, aimed to foster civic engagement and collect vital public feedback to shape a constitution that reflects the collective aspirations of the Gambian people.
In a statement, the NCCE underscored the importance of the exercise, describing it as a significant milestone in The Gambia’s constitutional reform journey. “Themed ‘A New Constitution for a New Republic: Get Informed, Get Involved,’ this dialogue highlights our shared commitment to strengthening civic participation and shaping a democratic governance framework that is truly inclusive,” the NCCE said.
The primary objective of the nationwide consultations was to provide an accessible platform for citizens to directly engage with the 2024 Draft Constitution, deepen their understanding of its provisions, and offer critical feedback to inform the legislative process. The NCCE emphasized that meaningful public participation is essential to ensuring that the final constitution genuinely represents the will of the Gambian people.
The consultations covered all seven administrative areas and the country’s 53 constituencies, attracting a diverse cross-section of society. Participants included National Assembly Members (NAMs), governors, council chairpersons, councilors, chiefs, local authorities, civil society organizations, media practitioners, political actors, religious leaders, women and youth leaders, persons with disabilities, and community-based organizations.
Each session began with formal opening ceremonies featuring keynote remarks from NCCE officials, distinguished guests, and National Assembly Members. The dialogues addressed a wide range of constitutional issues, allowing participants to explore the history and evolution of The Gambia’s constitutional process—from pre-independence to the 1970 and 1997 Constitutions—and examine the lessons learned from the rejected 2020 draft.
Participants conducted detailed analyses of the 2024 Draft Constitution, often comparing it with the current 1997 Constitution and the previous 2020 draft. These discussions aimed to identify key areas of consensus and contention, providing a foundation for constructive feedback.
The NCCE stressed that while there was overwhelming support for a new constitution to replace the outdated 1997 framework, significant concerns emerged regarding the inclusiveness of the initial drafting process. Many participants expressed that the lack of comprehensive citizen consultation in the early stages had undermined public trust and shifted attention from the content of the draft to questions about the legitimacy of the process.
Despite these concerns, the dialogue sessions were marked by spirited debate, valuable insights, and numerous recommendations. Key areas of focus and proposed revisions included:
Key Areas of Concern and Recommendations:
- Citizenship Provisions:
Concerns were raised about the status of children born in The Gambia to non-Gambian parents. While the 2024 draft acknowledges their existence, it lacks clear pathways for them to acquire citizenship. Participants called for streamlined naturalization processes and more inclusive provisions. - Leadership and Integrity:
There was a strong call for explicit constitutional provisions promoting leadership integrity, transparency, and accountability to address public concerns about governance and corruption. - Right to Marry:
While the draft constitution clearly defines marriage as a union between a man and a woman, some participants sought clearer definitions of “man” and “woman” to avoid future ambiguities. - Right to Education:
Participants urged the extension of free and compulsory education to the senior secondary level, beyond the basic education currently guaranteed. - Consumer Protection:
Given concerns about consumer exploitation in an unregulated market, there was a widespread call for the inclusion of constitutional protections for consumers. - Independence of the Electoral Commission:
To safeguard the credibility of the Independent Electoral Commission (IEC), participants recommended that National Assembly confirmation be required for presidential appointments to the Commission. - Presidential Qualifications:
There was a strong recommendation to raise the educational requirement for presidential candidates from senior secondary school to at least a college diploma, and to reduce the work experience requirement from 12 years to five years of relevant professional experience. Some also suggested introducing an upper age limit for presidential candidates. - Presidential Term Limits:
Although the two-term limit was welcomed, participants requested clear provisions specifying when the term limit should commence to prevent future ambiguities. - Ministerial Qualifications:
Participants advocated for a higher educational requirement for ministers, proposing at least a university degree to ensure competent governance. - Asset Declaration:
Participants recommended that asset disclosure requirements for the Vice President and Ministers should extend beyond their tenure to ensure continued accountability. - Director of Public Prosecutions (DPP) Independence:
Safeguarding the DPP’s independence was deemed crucial, with calls to strengthen provisions regarding the appointment and removal processes. - Election of Speaker and Deputy Speaker:
There was a strong preference for the Speaker and Deputy Speaker to be elected from among elected National Assembly Members, rather than from nominated members. - National Assembly Member Qualifications:
Participants recommended raising the educational qualifications for NAMs to at least a college diploma and allowing the use of national languages during parliamentary debates to foster inclusivity and public understanding. - Independence of the National Assembly:
To protect the separation of powers, participants called for the removal of presidential authority to recall nominated National Assembly members. - Appointment of Chief Justice:
It was recommended that the Chief Justice’s appointment be subject to National Assembly confirmation and that the Chief Justice be a Gambian citizen. - Appointments to Independent Institutions:
Participants suggested that all appointments to independent bodies should require parliamentary approval to ensure checks and balances.
General Recommendations:
- Enhance Citizen Participation: Future stages of the constitution-building process must involve broader, more transparent, and meaningful citizen consultation to restore public trust.
- Address Specific Provisions: The National Assembly is urged to carefully consider the detailed feedback provided, particularly regarding qualifications for high office, presidential term limits, institutional independence, citizenship pathways, consumer protection, and leadership integrity.
- Strengthen Separation of Powers: Review presidential appointment powers and recall provisions to safeguard the independence of democratic institutions.
- Foster National Unity: The process must continually aim to create a constitution that embodies national consensus and the collective will of the Gambian people.
The NCCE emphasized that developing a new constitution is a monumental task that demands the active participation and collective wisdom of all Gambians to ensure the birth of an inclusive, democratic, and just Third Republic.