By Landing Colley
Cross- section of Gambians have called on the Constitutional Review Commission (CRC) to clearly explain section 52 of the draft Constitution to avoid confusion in opposite and same sex marriages.
The Constitutional Review Commission was established in 2018 by an Act of Parliament to review the 1997 Constitution, analyse and report it to the executive. The Commission made a nationwide public consultation and engaged the masses on the review process prior the commencement of the reviewing process.
Now the CRC is on second public consultation engaging Gambians on the draft Constitution before finalizing it.
In this public consultation, in series of meetings many raised concerns on the marriage provision. However section 52 subsection (1) states that “Man and Women of full age and capacity have the right to marry and found a family.” While section 52 (2) states that “Marriage shall be based on the free and full consent of the intended parties.”
Expressing his opinion on this provision during the public consultation meeting held at Janjangbureh, Abubacarr Demba, participant said section 52 of the draft Constitution should be explained concisely for people to understand
“Homosexual will not be allowed in The Gambia, I reject it. I have been with homosexuals for 37 years,” he said.
The word secular should not be in the Constitution and it is forerunners for the legalisation of homosexuality in The Gambia, he said.
According to him, Gambia is a country of two religions citing Christianity and Islam, adding that Gambia should not accept homosexuality as Gambians will either be Christians or Muslims.
“Those without religion have no value,” he added.
Aminata Jammeh, a student of Armitage Senior Secondary School in Janjangbureh also said right to marriage in section 52 subsection (2) is not that much clear in new draft constitution, adding that it should be explained because the clause that state ” Marriage should be based on both intended person” is not clear and there is need for clarification on that provision.
Chenor Jallow of Banjul said: “The Constitution Review Commission (CRC) should clarify the section 52 that indicated right to marriage”
He said if that provision is not explained clearly some may term same sex marriage as constitutional, adding if that happens it may bring problem in the country.
“It should be clarified as biological man and woman instead of saying marriage should be based on both intended person.”
Hamat Leigh, participants during the CRC public consultation in Fass Njaga Choi of the Lower Niumi District called on the commission to expalined section 52 of the new draft constitution clearly.
According to him, if this provision is not clear some may think the same sex marriage is legalize in the country.
He noted that whenever marriage issue is raise it comes to everyone’s mind that it means legal marriage contract between a man and a woman.
Mr. Leigh added that in this generation if right to marriage is fixed in the constitution like this some may associate it with constitutional to practice the same sex marriage.
On his respond to the participants regarding this provision, commissioner Lamin Camara said to his view section 52 is precise but he was quick to add that the CRC will consider all comments on this provision should they go back to office.
