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19/08/2024

Thinking out loud about constitutional crises in Africa

The process of decolonization presented many African nations with the challenging task of redefining their identity and governance structures. In my country, The Gambia, transitioning from a constitutional monarchy within the Commonwealth to a republic marked a significant step in this direction. However, subsequent events, such as a military coup and President Yahya Jammeh's prolonged rule, further complicated the constitutional landscape, resulting in periods of suspended constitutions and executive overreach before the 1997 constitution. Yet, my country has shown remarkable resilience in these challenges, giving hope for a brighter constitutional future after the 2016 presidential election. So, Barrow nyan nen la gerr yallah bul si hopa sof.

Corruption and our political leaders' self-preservation motives are significant factors driving the frequent amendments to African constitutions. Leaders often exploit constitutional provisions to maintain their hold on power, stifle opposition, and control resources, thereby undermining democratic principles and the rule of law. Recent developments on social media and among political commentators in our country indicate resistance to the manipulated 2020 constitution, highlighting the enduring challenges of transitioning from authoritarian rule to a more democratic system.

Furthermore, the push for constitutional amendments is not solely driven by corrupt intentions. It also reflects genuine efforts to address our society's changing needs and rectify historical injustices. For example, the proposed 2020 draft constitution includes progressive changes such as the repeal of provisions on sedition and criminal defamation, the abolition of the death penalty, and the introduction of parole and plea bargaining. These amendments signify a move toward enhancing freedom of expression and modernising the legal system to align with contemporary human rights standards.

So, Adama Barrow, I urge you to preserve the integrity of the 2020 draft constitution. However, I can't help but feel indifferent, knowing that my opinions may not hold much weight in the grand scheme of things.

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